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TRUCKING TRANSPORT BUSINESS ACT

Wholly Amended by Act No. 8979, Mar. 21, 2008

Amended by Act No. 10221, Mar. 31, 2010

Act No. 10804, jun. 15, 2011

Act No. 11064, Sep. 16, 2011

Act No. 11481, jun. 1, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11804, May 22, 2013

Act No. 11933, Jul. 16, 2013

Act No. 12258, Jan. 14, 2014

Act No. 12248, Jan. 14, 2014

Act No. 12475, Mar. 18, 2014

Act No. 12707, May 28, 2014

Act No. 12738, jun. 3, 2014

Act No. 12997, Jan. 6, 2015

Act No. 13382, jun. 22, 2015

Act No. 13374, jun. 22, 2015

Act No. 13694, Dec. 29, 2015

Act No. 13812, Jan. 19, 2016

Act No. 13879, Jan. 27, 2016

Act No. 14480, Dec. 27, 2016

Act No. 14552, Jan. 17, 2017

Act No. 14532, Jan. 17, 2017

Act No. 14725, Mar. 21, 2017

Act No. 14873, Aug. 9, 2017

Act No. 14939, Oct. 24, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the betterment of public welfare by facilitating the efficient management and sound growth of trucking transport business for smooth transportation of cargo.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11481, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12475, Mar. 18, 2014>
1. The term "truck" means a truck or special-purpose motor vehicle defined in Article 3 of the Motor Vehicle Management Act and specified by Ordinance of the Ministry of Land, Infrastructure and Transport;
2. The term "trucking transport services" includes trucking transport business, freight forwarding business, and franchise trucking business;
3. The term "trucking transport business" means business involving transportation of cargo by truck for consideration to fulfill requests from third persons. In such cases, where cargo is unsuitable for transportation by any vehicle for passenger transportation service because of its weight, volume, shape, or other characteristics, the shipper is allowed to travel by the truck with the cargo loaded, but the guidelines for such cargo, the scope of vehicles eligible for transportation of such cargo, and other relevant matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
4. The term "freight forwarding business" means business acting as a commercial broker or agent for contracting for transportation of cargo for consideration to fulfill requests from third persons or business that engages in transportation of cargo in its own name and on its own account with trucking means owned by a person who runs a trucking transport business or a franchise trucking business;
5. The term "franchise trucking business" means business involving transportation of cargo for consideration by its own trucks to fulfill requests from third persons or engages one of its trucking franchisees (referring only to franchisees which are trucking business operators under Article 3 (3)) to transport cargo;
6. The term "trucking business franchisor" means a person who has obtained a permission for franchise trucking business in accordance with Article 29 (1);
7. The term "trucking franchisee" means a person who has a franchise granted by a trucking business franchisor (hereinafter referred to as "trucking franchisor") and a license to use the business mark (including the trade name, trademark and other similar marks; hereinafter the same shall apply) of the franchisor and who falls under any of the following:
(a) A transport business operator who engages in transportation of cargo as consigned by a trucking franchisor or to fulfill requests from any person other than a trucking franchisor and who falls under Article 3 (3);
(b) A freight forwarder who acts as a broker or agent for contracting for transportation of cargo on a trucking franchisor's behalf, or who operates freight forwarding business for any person other than a trucking franchisor, and who falls under Article 24 (2);
(c) A person who engages in transportation of cargo as consigned by a trucking franchisor or in compliance with demands from any person other than a trucking franchisor, entrusted with part of the duty for managing a trucking transport business under Article 40 (1): Provided, That this shall not apply where the trucking business operator who entrusts part of the task of management is a trucking franchisee;
7-2. The term "business office" means a place where any of the following business activities is conducted in addition to the principal place of business:
(a) Transportation of cargo in a certain area by trucks placed in the area by a person who has obtained a permission for a trucking transport business under Article 3 (1) or a trucking business franchisor;
(b) Freight forwarding services by a person who has obtained a permission for freight forwarding business under Article 24 (1);
8. The term "trucking employee" means a truck driver, an office clerk who carries out administrative work for transportation of cargo or an agency service for transportation, an assistant to such office clerk, or any other employee who works for trucking transport business;
9. The term "public truck depot" means a depot established by the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or the Governor of the competent Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or the head of the competent Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply) to provide to trucking transport businesses;
10. The term "truck stop" means a facility, including resting establishments, built to provide services necessary for truck drivers to transport cargo, such as parking, maintenance, and refueling, which is located along a freight route, such as a road under the Road Act, or in a hub of logistics including a logistics facility under the Act on the Development and Management of Logistics Facilities, so as to enable the drivers to rest during the transportation of cargo or to wait for loading or unloading.
CHAPTER II TRUCKING TRANSPORT BUSINESS
 Article 3 (Permission for Trucking Transport Business)
(1) Any person who intends to run a trucking transport business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No person who has obtained a permission for franchise trucking business in accordance with Article 29 (1) is required to obtain a permission under paragraph (1).
(3) Where a person who has obtained a permission for trucking transport business under paragraph (1) (hereinafter referred to as "trucking business operator") intends to amend his/her permission, he/she shall obtain an amendment permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he/she intends to amend a minor matter prescribed by Presidential Decree modified, he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11960, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within three days from the date the report on an amendment is filed under the proviso to paragraph (3). <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(5) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (4), the report shall be deemed to be accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(6) The types of trucking transport business under paragraph (1) shall be prescribed by Presidential Decree.
(7) Permission for trucking transport business or an amendment permission that involves the expansion of a fleet of trucks under paragraph (1) or the main sentence of paragraph (3), shall be granted in compliance with the following guidelines: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13382, Jun. 22. 2015; Act No. 14725, Mar. 21, 2017>
1. The trucking transport business shall meet the supply standards publicly notified by the Minister of Land, Infrastructure and Transport for each type of business pursuant to paragraph (6), taking into consideration the demand for transportation of cargo: Provided, That this excludes where he/she grants temporary permission under paragraph (12) and a person applies for permission under paragraph (13);
2. The trucking transport business shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with respect to the number of trucks, the capital or assessed value of assets, transport facilities including a depot (hereinafter referred to as "transport facilities"), and other relevant matters.
(8) Any of the following trucking business operators is ineligible to amend matters permitted accompanying the expansion of his/her fleet of trucks:
1. Where he/she breaches an order issued pursuant to Article 13 for improvement;
2. Where one year has not passed since he/she was ordered to reduce his/her fleet of trucks pursuant to Article 19 (1).
(9) Each trucking business operator shall report to the Minister of Land, Infrastructure and Transport matters concerning the standards relevant to permission granted under paragraph (5) at an interval prescribed by Presidential Decree within a period of five years from the date permission was granted pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13694, Dec. 29, 2015>
(10) If a report filed pursuant to paragraph (1) has no defect in its descriptions and accompanying documents and meets the requirements for formalities prescribed in statutes, etc., it shall be deemed that the duty to report is performed when the report arrives at the receiving agency. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(11) Where a trucking business operator intends to remain at any place other than his/her principal place of business for business activities, he/she shall establish a business office at the other place with permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the foregoing shall not apply to a trucking business operator who owns only one truck. <Newly Inserted by Act No. 12475, Mar. 18, 2014>
(12) Where a person who has been an owner of an entrusted truck of an entrustment contract terminated under Article 40-3 (3) applies for permission under paragraph (1) within three months from the date of cancellation of permission or reduction of trucks, the Minister of Land, Infrastructure and Transport may grant permission by restricting the period within six months (hereinafter referred to as "temporary permission"): Provided, That where the person who has been an owner of the entrusted truck is directly related to the reason of cancellation of permission or reduction of trucks of a transport business operator, he/she shall be excluded. <Newly Inserted by Act No. 13382, Jun. 22, 2015>
(13) Where a person granted temporary permission under paragraph (12) fails to conclude an entrustment contract with another transport business operator within the permitted period and the period of a temporary permit is expired, he/she may apply for permission pursuant to paragraph (1) within three months. <Newly Inserted by Act No. 13382, Jun. 22, 2015; Act No. 14725, Mar. 21, 2017>
(14) The Minister of Land, Infrastructure and Transport may add conditions or its term to the amendment permission accompanying a permission of trucking transport business or increase of fleet of the trucks so as to establish the order of trucking transport business. <Newly Inserted by Act No. 13382, Jun. 22, 2015>
 Article 4 (Disqualification)
Any of the following persons is ineligible for a permission for trucking transport business under Article 3 (1). The same shall apply to a legal entity if any of its executive officers falls under any of the following: <Amended by Act No. 13382, Jun. 22. 2015>
1. A person under adult guardianship or limited guardianship;
2. A person adjudicated bankrupt, but not yet reinstated;
3. A person for whom two years have not passed since a sentence of imprisonment with labor or heavier punishment imposed upon him/her for any violation of this Act was completely executed (or is deemed completely executed) or discharged;
4. A person who is under a suspended sentence of imprisonment with labor or heavier punishment, as sentenced by a court for any violation of this Act;
5. A person for whom two years have yet to elapse after his/her permission was revoked pursuant to Article 19 (1) (excluding where permission was revoked under Article 19 (1) 5 due to falling under subparagraph 1 or 2 of Article 4).
 Article 5 (Freight Rates and Charges)
(1) Trucking business operators shall fix freight rates and charges and shall report them to the Minister of Land, Infrastructure and Transport in advance. The same shall apply where trucking business operators intend to modify a freight rate or charge.
(2) The scope of trucking business operators required to report freight rates and charges under paragraph (1) shall be prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept the report within 14 days from the date a report or a modified report under paragraph (1) is filed. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(4) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (3), the report shall be deemed to be accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(5) Necessary matters regarding procedures, etc. for reporting freight rates and charges under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted by Act No. 11804, May 22, 2013]
 Article 5-2 Deleted. <by Act No. 11804, May 22, 2013>
 Article 6 (Standard Form of Transportation Contract)
(1) Trucking business operators shall prepare a standard-form transportation contract and report it to the Ministry of Land, Infrastructure and Transport. The same shall apply to proposed revisions to the standard-form transportation contract. <Amended by Act No. 11690, Mar. 23. 2013>
(2) The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within three days from the date a report or an amendment report under paragraph (1) is filed. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(3) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (2), the report shall be deemed to be accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(4) Where a standard-form contract has been prepared by an association or a federation established pursuant to Article 48 or 50 and approved as standards for transportation of cargo after an examination by the Fair Trade Commission pursuant to Article 19-2 of the Act on the Regulation of Terms and Conditions (hereinafter referred to as "standard-form contract"), the Minister of Land, Infrastructure and Transport may recommend trucking business operators to use such standard-form contract. <Amended by Act No. 11690, Mar. 23. 2013>
(5) Trucking business operators who agree to use the standard-form contract when the permission for trucking transport business under Article 3 (including an amended permit) is granted to him/her shall be deemed to have completed the report under paragraph (1).
 Article 7 (Trucking Business Operator's Liability)
(1) With respect to a trucking business operator's liability for damage caused by loss, destruction, or late delivery of cargo (hereinafter referred to as "mishap in transit"), Article 135 of the Commercial Act shall apply mutatis mutandis.
(2) For the purpose of applying paragraph (1), cargo that has not been delivered within three months after the deadline for delivery shall be deemed lost.
(3) The Minister of Land, Infrastructure and Transport may mediate a dispute over liability for damage under paragraph (1) at the shipper's petition, as prescribed by Ordinance of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23. 2013>
(4) Upon receipt of a petition from a shipper for mediation of a dispute under paragraph (3), the Minister of Land, Infrastructure and Transport shall examine the relevant facts, investigate losses, and prepare a draft conciliation agreement without delay. <Amended by Act No. 11690, Mar. 23. 2013>
(5) Where both parties to a dispute accept a proposed mediation agreement under paragraph (4), it shall be deemed that an agreement identical with the proposed mediation agreement is made between the parties.
(6) The Minister of Land, Infrastructure and Transport may entrust business affairs for mediation of disputes under paragraphs (3) and (4) to the Korea Consumer Agency under Article 33 (1) of the Framework Act on Consumers or a consumers' organization registered in accordance with Article 29 (1) of the aforementioned Act. <Amended by Act No. 11690, Mar. 23. 2013>
 Article 8 (Qualifications for Truck Driver)
(1) A person who intends to work for trucking transport services as a driver shall satisfy subparagraph 3 or 4 after meeting the requirements of subparagraphs 1 and 2: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11481, Jun. 1, 2012; Act No. 11690. Mar. 23, 2013>
1. Such person shall meet the requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as those necessary for driving jobs, including age and career experience as a driver;
2. Such person shall meet the standards of in-depth examination of a driver's aptitude prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the in-depth examination of a driver's aptitude shall be conducted by the Minister of Land, Infrastructure and Transport;
3. Such person shall pass an examination conducted by the Minister of Land, Infrastructure and Transport on the Trucking Transport Business Act and statutes, guidelines for handling cargo, and other relevant rules, and complete the prescribed training course;
4. Such person shall complete traffic safety experiences in the research and education facilities for traffic safety experiences under Article 56 of the Traffic Safety Act, and theoretical and practical training education on guidelines for handling cargo, the Trucking Transport Business Act and statutes, and other relevant rules provided by the Minister of Land, Infrastructure and Transport.
(2) The Minister of Land, Infrastructure and Transport shall issue, to a person who satisfies the requirements under paragraph (1), a qualification certificate indicating that such person is qualified as a truck driver (hereinafter referred to as "truck driver qualification certificate"). <Amended by Act No. 11690, Mar. 23, 2013>
(3) Necessary matters concerning the examination, training course, and issuance of qualification certificates under paragraphs (1) and (2) and other relevant matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 9 (Grounds for Disqualification)
Any of the following persons shall be disqualified from working as a truck driver under Article 8: <Amended by Act No. 11481, Jun. 1. 2012; Act No. 12475, Mar. 18, 2014; Act No. 13382, Jun. 22, 2015; Act No. 14552, Jan. 17, 2017>
1. A person specified in subparagraph 1, 3, or 4 of Article 4;
2. A person whose qualification as a truck driver was revoked (excluding a person acquiring qualification as a truck driver, whose qualification was revoked under Article 23 (1) 1 due to falling under subparagraph 1 of Article 4) less than two years ago under Article 23 (1) (excluding subparagraph 7);
3. A person who fell under any of the following categories during five years before the date of an examination under Article 8 (1) 3 or before the date of a training under Article 8 (1) 4:
(a) A person who had his/her driver license revoked under any subparagraph of Article 93 (1) 1 through 4 of the Road Traffic Act;
(b) A person who was sentenced to at least a fine or who had his/her driver license revoked under Article 93 (1) 19 of the Road Traffic Act for the operation of a motor vehicle, as defined in subparagraph 21 of Article 2 of the Road Traffic Act, without a driver license or with a driver license the validity of which was suspended, in violation of Article 43 of the Road Traffic Act;
(c) A person who had his/her driver license revoked under Article 93 (1) 10 of the Road Traffic Act for a traffic accident that he/she caused by intention or gross negligence while operating a vehicle, in which three or more persons died (including persons who died within 30 days from the date of accident) or 20 or more casualties occurred;
4. A person who had his/her driver license revoked because he/she fell under Article 93 (1) 5 or 5-2 of the Road Traffic Act for three years before the date of an examination under Article 8 (1) 3 or the date of a training under Article 8 (1) 4.
 Article 10 (Maintaining Records of Employed Truck Drivers)
(1) Where a trucking business operator employs a truck driver, he/she shall keep and maintain records of facts required for the issuance of driver's career certificate, including the employment period.
(2) An association or a federation established in accordance with Article 48 or 50 (hereinafter referred to as "business operators' organization") may perform the works required for keeping and maintaining records of the employment period under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23. 2013>
 Article 10-2 (Keeping and Maintaining of Truck Drivers' Traffic Safety Records)
(1) The Minister of Land, Infrastructure and Transport shall keep and maintain records pertaining to truck drivers' traffic accidents and traffic offenses to ensure the safe operation of trucks. In such cases, the Minister of Land, Infrastructure and Transport may request the Commissioner General of the National Police Agency to provide necessary documents and other cooperation. <Amended by Act No. 11690, Mar. 23. 2013>
(2) The Commissioner General of the National Police Agency requested to provide cooperation under paragraph (1) shall comply with such request, except in extenuating circumstances.
(3) The Minister of Land, Infrastructure and Transport shall provide the details of truck drivers' casualty accidents and traffic offenses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to the relevant Mayor/Do Governor and business operators' organization. <Amended by Act No. 11690, Mar. 23. 2013>
(4) In order to keep and maintain the records under paragraph (1), the Minister of Land, Infrastructure and Transport may request any business operators' organization or trucking business operator to provide the records kept and maintained thereby under Article 10. In such cases, the business operators' organization or trucking business operator so requested shall promptly provide such records, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23. 2013>
[This Article Newly Inserted by Act No. 11064, Sep. 16, 2011]
 Article 11 (Trucking Business Operators' Obligations)
(1) Each trucking business operator shall conscientiously perform his/her business within the permitted scope of business, but shall not offer any unfair term or condition of transportation, refuse to enter into a transportation contract without justifiable grounds, or engage in any conduct that may seriously undermine orderly transportation of cargo.
(2) No trucking business operator shall coerce any driver to drive in excess of normal working hours so as to prevent the driver from overworking and to ensure the safety in operations.
(3) No trucking business operator shall transport any cargo that does not conform to the guidelines for transportation of cargo under the latter part of subparagraph 3 of Article 2.
(4) No trucking business operator shall provide or receive money or goods unjustly to or from a motor vehicle management business operator under the Motor Vehicle Management Act (hereinafter referred to as “motor vehicle management business operator”) in connection with a vehicle malfunctioning or involved in an accident or in the transportation of cargo. <Amended by Act No. 13812, Jan. 19, 2016>
(5) Each trucking business operator shall guide and supervise trucking employees engaged in the relevant trucking transport business to ensure that they conscientiously perform the obligations under Article 12.
(6) No trucking business operator shall commit any crime to return all or some of freight rates and charges that he/she has received in consideration for transportation of cargo to the relevant shipper, another trucking business operator, or a person who runs a freight forwarding business.
(7) No trucking business operator shall install a fare meter for a taxi (referring to a passenger car used for a passenger transport business in a specified area, as prescribed in Article 3 (1) 2 of the Passenger Transport Service Act; hereinafter the same shall apply) or affix a sign similar to any taxi sign specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 11933, Jul. 16, 2013>
(8) Each trucking business operator shall keep a table of freight rates and charges and a standard form of transportation contract at his/her place of business or in his/her truck to produce to a user whenever he/she requests him/her to show them.
(9) No trucking business operator shall have franchises to run at least two franchised trucking businesses (hereinafter referred to as "trucking franchisees").
(10) No trucking business operator who is a trucking franchisee shall receive any cargo directly through a freight forwarder who works for the trucking franchisor of which he/she is a franchisee.
(11) Each trucking business operator who is a trucking franchisee shall change his/her trade name to indicate he/she is a franchisee of the trucking franchisor concerned and report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(12) If a report filed pursuant to paragraph (11) has no defect in its descriptions and accompanying documents and meets the requirements for formalities prescribed in statutes, etc., it shall be deemed that the duty to report is performed when the report arrives at the receiving agency. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(13) Where a trucking business operator consigns the transportation of cargo to a person to whom he/she has entrusted any part of the task of managing his/her business under Article 40 (1) (hereinafter referred to as "entrusted owner operator") or to another trucking business operator who only owns one truck (hereinafter referred to as "single truck owner operator"), he/she shall deliver, to the entrusted owner operator or the single truck owner operator, a cargo consignment note specifying the requester of loading freight, types of cargo, freight rates, and other information prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, at the latter's request: Provided, That where a trucking business operator consigns the cargo transport to the owner of entrusted truck or single truck owner operator who owns a truck prescribed in the Motor Vehicle Management Act, the maximum loading quantity of which exceeds 1.5 ton, he/she shall issue a cargo consignment note except for cargo provided by Ordinance of the Minister of Land, Infrastructure and Transport, and the owner of entrusted truck or single truck owner operator shall receive the cargo consignment note. <Newly Inserted by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13382, Jun. 22, 2015>
(14) Where a trucking business operator transfers or acquires a trucking transport business, as referred to in Article 16 (1), he/she shall not impose on entrusted owner operators with expenses incurred in such transfer or acquisition. <Newly Inserted by Act No. 12707, May 28, 2014>
(15) No trucking business operator shall sell a vehicle that an entrusted owner operator has conveyed to him/her for investment in kind to another person or pledge such vehicle to another person, without the entrusted owner operator's consent thereto: Provided, That such vehicle may be pledged to other persons within the maximum of the entrusted owner operator's obligations by giving prior notice that the vehicle will be pledged, if an obligation of an entrusted owner operator arises due to the entrusted owner operator's breach of his/her obligation of management of the vehicle, such as the payment of insurance premiums or the payment of installments of the price for the vehicle. <Newly Inserted by Act No. 12707, May 28, 2014>
(16) When a vehicle is conveyed to a trucking business operator under an entrustment contract for investment in kind, as referred to in Article 40 (3), such trucking business operator shall register the entrusted owner operator as an in-kind investor in the motor vehicle register under the Motor Vehicle Management Act. <Newly Inserted by Act No. 12707, May 28, 2014>
(17) No trucking business operator shall constrain an entrusted owner operator from making a transport contract with another trucking business operator concurrently for at least one year or accord any disadvantage to an entrusted owner operator on the ground of such contract. <Newly Inserted by Act No. 12707, May 28, 2014>
(18) Where a trucking business operator consigns cargo transport under Article 11-2, he/she may not consign the cargo transport which violates the criteria under Article 77 of the Road Act and Article 39 of the Road Traffic Act. <Newly Inserted by Act No. 13382, Jun. 22, 2015>
(19) No trucking business operator shall conduct activities which disturb the order of cargo transport, such as re-consigning volume entrusted via a cargo information network of a trucking franchisor under Article 11-2 (5) or cargo information network certified under Article 38 of the Framework Act on Logistics Policies. <Newly Inserted by Act No. 13694, Dec. 29, 2015>
(20) The Minister of Land, Infrastructure and Transport may establish rules on the following matters by Ordinance of the Ministry of Land, Infrastructure and Transport, in addition to the obligations specified in paragraphs (1) through (19): <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013; Act No. 12707, May 28, 2014; Act No. 13382, Jun. 22, 2015; Act No. 13694, Dec. 29, 2015; Act No. 14725, Mar. 21, 2017>
1. Rules on the use of depots for trucking transport business and transport facilities;
2. Other rules that trucking business operators shall observe in order to promote the safety of transportation and shippers' convenience.
 Article 11-2 (Duty, etc. of Trucking Business Operators to Directly Transport Cargo)
(1) Each trucking business operator prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall directly transport cargo for which he/she has made transportation contracts with shippers, using his/her own vehicles, by at least the ratio prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That, where he/she transports cargo using vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall be deemed to directly transport such cargo. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No trucking business operator shall consign the transportation of cargo, except that directly transported under paragraph (1), to any person other than the following:
1. Another trucking business operator;
2. An entrusted owner operator belonging to another trucking business operator.
(3) A trucking business operator to whom another trucking business operator or a freight forwarder consigns the transportation of a cargo or a trucking business operator (limited to a trucking business operator who is a trucking franchisee) to whom a trucking franchisor consigns the transportation of a cargo shall directly transport the cargo by vehicles in his/her possession: Provided, That a trucking business operator to whom the transportation of a cargo is consigned by another trucking business operator or by a freight forwarder is deemed to directly transport cargo, if the trucking business operator transports the cargo by a vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to the proviso to paragraph (1). <Amended by Act No. 12707, May 28, 2014>
(4) The main sentence of paragraph (1) concerning direct transportation shall also apply where a trucking business operator runs a freight forwarding business in addition to the trucking transport business.
(5) If a trucking business operator (including a trucking business operator to whom another trucking business operator or a freight forwarder consigns the transportation of cargo, as referred to in paragraph (3)) consigns the transportation of cargo by using the cargo information network of a trucking franchisor or the cargo information network certified under Article 38 of the Framework Act on Logistics Policies, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the trucking business operator shall be deemed to transport the cargo directly. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12707, May 28, 2014; Act No. 13374, Jun. 22, 2015>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 11-3 Deleted. <by Act No. 14725, Mar. 21, 2017>
 Article 12 (Trucking Employees' Obligations)
(1) No trucking employee who works for a trucking transport business shall engage in any of the following conduct: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11933, Jul. 16, 2013; Act No. 13812, Jan. 19, 2016>
1. Forcing a customer to unload any cargo in transit without justifiable grounds;
2. Refusing to transport any cargo without justifiable grounds;
3. Demanding or receiving any unfair freight rate or charge;
4. Providing or receiving money or goods unjustly to or from a motor vehicle management business operator in connection with a vehicle malfunctioning or involved in an accident or in the transportation of cargo;
5. Stoping his/her vehicle at a certain place for a long time to tout for customers;
6. Starting or operating his/her vehicle without all the doors fully closed;
7. Installing a taxi fare meter or putting a sign similar to any of the taxi signs specified by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The Minister of Land, Infrastructure and Transport may establish rules that trucking employees shall observe to secure the safety of operations and promote shippers' convenience by Ordinance of the Ministry of Land, Infrastructure and Transport, in addition to the obligations specified in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
 Article 13 (Orders for Improvement)
If the Minister of Land, Infrastructure and Transport deems it necessary for securing the safety of operations, establishing order in transportation, and promoting shippers' convenience, he/she may issue an order to a trucking business operator to take the following measures: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12707, May 28, 2014>
1. To amend the standard form of transportation contract;
2. To alter the structure of trucks and improve transport facilities;
3. To take measures for the safe transportation of cargo;
4. To carry a cargo liability insurance policy provided for in Article 35 and an insurance policy or a liability mutual aid agreement that each trucking business operator is obligated to buy or conclude in accordance with the Compulsory Motor Vehicle Liability Security Act;
5. To make it possible to operate a vehicle registered in the name of the trucking business operator under an entrustment contract in accordance with Article 40 (3) by filing an application for attaching and sealing a registration number plate to the vehicle under Article 19 (3) of the Motor Vehicle Management Act, immediately upon receipt of a request from the entrusted owner operator, if the registration number plate of such vehicle has been damaged or lost;
6. To report the replacement of a retired vehicle registered in the name of the trucking business operator under an entrustment contract in accordance with Article 40 (3) and to initiate other processes, upon receipt of a request from an entrusted owner operator, if it is necessary to replace the retired vehicle with another vehicle due to the expiration of the vehicle's useful life, a traffic accident, or other cause or event;
7. To make it possible to operate a vehicle registered in the name of the trucking business operator under an entrustment contract in accordance with Article 40 (3) by immediately filing an application for replacing and sealing the registration number plate of the vehicle, if the principal place of use of the vehicle is changed to another City/Do;
8. Other measures prescribed by Presidential Decree as necessary for the improvement of trucking transport businesses.
 Article 14 (Orders for Commencement of Business)
(1) Where reasonable grounds exist to believe that a group of trucking business operators or trucking employees refuses to transport cargo without justifiable grounds to cause a great difficulty in transportation of cargo and such an collective movement brings about or is anticipated to cause a very serious crisis in the national economy, the Minister of Land, Infrastructure and Transport may issue orders to such trucking business operators or trucking employees to commence their businesses. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport the Minister of Land, Infrastructure and Transport intends to issue an order to commence business to trucking business operators or trucking employees pursuant to paragraph (1), he/she shall undergo deliberation thereon by the State Council. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the Minister of Land, Infrastructure and Transport issues an order to commence business pursuant to paragraph (1), he/she shall report specific grounds and countermeasures to the competent Standing Committee of National Assembly. <Newly Inserted by Act No. 11804, May 22, 2013>
(4) No trucking business operator or trucking employee may refuse, without justifiable grounds, to follow an order issued pursuant to paragraph (1).
 Articles 15 and 15-2 Deleted. <by Act No. 13374, Jun. 22, 2015>
 Article 16 (Transfer, Acquisition, etc. of Trucking Transport Business)
(1) Where a trucking transport business is transferred to a third party, the transferee shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where two legal entities, both of whom are trucking business operators, merge (excluding where a corporation that is a trucking business operator acquires, for merger, another legal entity that is not a trucking business operator), the legal entity surviving the merger or newly established as a consequence of the merger shall file a report on the merger with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within five days from the date the report under paragraph (1) or (2) is filed. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(4) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (3), the report shall be deemed to be accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(5) The Minister of Land, Infrastructure and Transport may restrict the transfer, acquisition, and merger of trucking transport businesses under paragraphs (1) and (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to maintain a regional balance between truck supply and demand and build a stable and orderly shipping market. <Newly Inserted by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(6) Upon filing a report under paragraph (1) or (2), a transferee of a trucking transport business succeeds to the status of the transferor as a trucking business operator, and the corporation newly established in the course of a merger or surviving a merger succeeds to the status of the legal entity dissolving upon the merger as a trucking business operator.
(7) With respect to the disqualifications of a transferee or a corporation surviving a merger or newly established in the course of a merger under paragraph (1) or (2), Article 4 shall apply mutatis mutandis.
(8) Where a report is filed in accordance with paragraph (1) or (2), the entrusted owner operator who has an entrustment contract made with the person who has transferred a trucking transport business is deemed to have made an entrustment contract under the same terms and conditions with the person who has acquired the trucking transport business, and the entrusted owner operator who has an entrustment contract made with a corporation dissolving upon the merger shall be deemed to have made an entrustment contract under the same terms and conditions with the corporation surviving or newly established after the merger. <Newly Inserted by Act No. 12707, May 28, 2014>
(9) No trucking business operator who has been permitted under Article 3 (13) may transfer his/her business to others. <Newly Inserted by Act No. 13382, Jun. 22, 2015; Act No. 14725, Mar. 21, 2017>
 Article 17 (Inheritance of Trucking Transport Businesses)
(1) Where the heir of a deceased trucking business operator intends to continue the trucking transport business, he/she shall file a report of his/her intention with the Minister of Land, Infrastructure and Transport within 90 days after the decedent dies. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013>
(2) The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within five days from the date a report or a modified report under paragraph (1) is filed. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(3) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (2), the report shall be deemed to be accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(4) Where the report under paragraph (1) is filed, the permission granted to the decedent shall be deemed granted to the heir for the period of time from the date of death of the decedent until the date the report is filed.
(5) The heir who has filed the report under paragraph (1) succeeds the status of the decedent as a trucking business operator.
(6) With respect to the disqualifications of an heir under paragraph (1), Article 4 shall apply mutatis mutandis: Provided, That where an heir transfers the trucking transport business of the decedent to a third person within three months from the date of death of the decedent, the permit granted to the decedent for the trucking transport business shall be deemed granted to the heir for the period from the date of death of the decedent to the date of transfer.
 Article 18 (Reporting on Temporary or Permanent Closure of Trucking Transport Businesses)
(1) Where a trucking business operator intends to temporarily close the whole or any part of the trucking transport business or permanently close the whole trucking transport business, he/she shall file a report thereon in advance with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If a report filed pursuant to paragraph (1) has no defect in its descriptions and accompanying documents and meets the requirements for formalities prescribed in statutes, etc., it shall be deemed that the duty to report is performed when the report arrives at the receiving agency. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(3) Any trucking business operator who intends to temporarily close the whole or any part of the trucking transport business or permanently close the whole trucking transport business shall post a notice of his/her intention at his/her place of business or any other place at which the general public can readily view it.
 Article 19 (Revocation, etc. of Permission for Trucking Transport Business)
(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission issued to a trucking business operator or issue an order to a trucking business operator to suspend his/her business operations completely or partially for a prescribed period not exceeding six months or to reduce the number of vehicles: Provided, That the Minister of Land, Infrastructure and Transport shall revoke permission without exception in cases falling under subparagraph 1, 5, or 13: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12475, Mar. 18, 2014; Act No. 12997, Jan. 6, 2015; Act No. 13382, Jun. 22, 2015; Act No. 14725, Mar. 21, 2017>
1. Where a trucking business operator obtains the permission under Article 3 (1) by an improper means;
1-2. Where a trucking business operator fails to produce transport results meeting the guidelines prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for six months after having obtained the permission;
2. Where a trucking business operator obtains an amendment permission prescribed in Article 3 (3) by an improper means or changes any of the permitted matters without obtaining an amendment permission;
3. Where a trucking business operator fails to meet any of the guidelines under Article 3 (7);
4. Where a trucking business operator fails to file a report in accordance with Article 3 (9) or files a false report;
4-2. Where a trucking business operator who owns at least two trucks remains at a place other than his/her principal place of business and conducts business activities at the place without a permission for establishing a business office prescribed in Article 3 (11);
4-3. Where a truck business operator violates the conditions or term under Article 3 (14);
5. Where a trucking business operator falls under any subparagraph of Article 4: Provided, That if any executive officer of a legal entity falls under any subparagraph of Article 4, but is replaced within three months, permission shall not be revoked;
6. Where a trucking business operator employs a person with no qualification as a truck driver to transport a cargo;
7. Where a trucking business operator breaches any obligation under Article 11;
7-2. Where a trucking business operator breaches the duty of direct transportation, etc. under Article 11-2;
7-3. Deleted; <by Act No. 14725, Mar. 21, 2017>
7-4. Where a trucking business operator who directly drives one of his/her own trucks, a trucking employee employed by a trucking business operator, or an entrusted owner operator is subject to an administrative fine under Article 70, on at least three occasions a year, in violation of Article 12 (1) 5;
8. Where a trucking business operator fails to obey an order for improvement in accordance with Article 13 without justifiable grounds;
9. Where a trucking business operator fails to obey an order to commence his/her business in accordance with Article 14 without any justifiable reason;
9-2. Where a trucking business operator transfers his/her business in violation of Article 16 (9);
10. Where a trucking business operator violates a disposition of business suspension or an order to reduce the number of vehicles made or issued pursuant to this Article;
11. Where a trucking business operator causes a serious traffic accident or causes frequently repeated traffic accidents, resulting in a number of casualties;
12. Where a trucking business operator subject to suspension of subsidies pursuant to Article 44-2 (1) falls under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension;
12-2. Where a trucking business operator fails to file a report under Article 47-2 (1) or files a false report;
12-3. Where a trucking business operator fails to meet the level under Article 47-2 (2);
13. Where a sentence of imprisonment without prison labor or heavier punishment imposed upon a trucking business operator for filing a fraudulent or wrongful insurance claim in connection with a traffic accident involving a truck becomes final and conclusive.
(2) The scope of serious traffic accidents and frequently repeated traffic accidents under paragraph (1) 11 shall be prescribed by Presidential Decree.
(3) The guidelines and procedures for the revocation of permission, the disposition of business suspension, and orders for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
 Article 20 (Suspending Operation of Motor Vehicles)
(1) In any of the following cases, trucking business operators shall return registration certificates and registered number plates of the relevant trucks to the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13382, Jun. 22, 2015; Act No. 14725, Mar. 21, 2017>
1. Where he/she has filed a report on temporary or permanent closure of trucking transport business in accordance with Article 18 (1);
2. Where his/her permission is revoked or a disposition of business suspension is made pursuant to Article 19 (1);
3. Where the permission is amended to reduce the number of vehicles (including where the number of vehicles is reduced in compliance with an order issued pursuant to Article 19 (1));
4. Where the term of his/her temporary permission under Article 3 (12) is expired.
(2) In any of the following cases, the Minister of Land, Infrastructure and Transport shall return the registration certificates and registered number plates of the trucks kept in his/her custody pursuant to paragraph (1) to the relevant trucking business operator: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where the period of temporary closure reported in accordance with Article 18 (1) ends;
2. Where the period of business suspension under Article 19 (1) ends.
(3) Any trucking business operator who has registered number plates returned pursuant to paragraph (2) shall re-affix them on the relevant trucks and shall have them sealed by the competent Mayor/Do Governor.
 Article 21 (Imposition of Penalty Surcharges)
(1) Where the Minister of Land, Infrastructure and Transport issues a disposition of business suspension against a trucking business operator who falls under any subparagraph of Article 19 (1), but if the disposition of business suspension is likely to cause severe inconvenience to users of the trucking transport business or undermine public interest otherwise, he/she may impose and collect a penalty surcharge not exceeding 20 million won in lieu of the disposition, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The amount of a penalty surcharge depending upon the category and degree of an offense against which the penalty surcharge under paragraph (1) shall be imposed and other necessary matters shall be prescribed by Presidential Decree.
(3) Where a person against whom a penalty surcharge has been imposed pursuant to paragraph (1) fails to pay it by the prescribed deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as national taxes in arrears are collected. <Amended by Act No. 11690, Mar. 23, 2013>
(4) No penalty surcharge collected pursuant to paragraph (1) shall be used (or spent as a subsidy or a loan) for any purpose other than those provided for in the following subparagraphs: <Amended by Act No. 10804, Jun. 15, 2011>
1. Construction and expansion of cargo terminals;
2. Construction and expansion of common depots (referring to depots established or leased by a business operators' organization, a truck business operator, or a trucking franchisor to provide them to trucking business operators or trucking franchisors for common use; hereinafter the same shall apply);
3. Improvement of business management and other necessary matters concerning the development of trucking transport business, including actions providing information on cargo;
4. Payment of reporting rewards under Article 60-2 (1).
(5) The Minister of Land, Infrastructure and Transport shall establish and implement plans for the management of collected penalty surcharges, as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 22 (Hearings)
The Minister of Land, Infrastructure and Transport shall hold a hearing whenever he/she seeks to make any of the following disposition: <Amended by Act No. 11690, Mar. 23, 2013>
1. Deleted; <by Act No. 13374, Jun. 22, 2015>
2. Revocation of permission for trucking transport business under Article 19 (1);
3. Revocation of permission for freight forwarding business under Article 27;
4. Revocation of permission for franchise trucking business under Article 32.
[This Article Wholly Amended by Act No. 10804, Jun. 15, 2011]
 Article 23 (Revocation of Qualifications as Truck Driver)
(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the qualification of a truck driver or may suspend the validity of a qualification of a truck driver for a prescribed period not exceeding six months: Provided, That the Minister of Land, Infrastructure and Transport shall revoke the relevant qualification without exception in cases falling under subparagraphs 1, 2, 5 through 7, and 9: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11804, May 22, 2013; Act No. 11933, Jul. 16, 2013; Act No. 12475, Mar. 18, 2014; Act No. 14873, Aug. 9, 2017>
1. Where such person falls under any subparagraph of Article 4 applied mutatis mutantis pursuant to subparagraph 1 of Article 9:
2. Where such person acquires the qualification as a truck driver by a fraud or other improper means;
3. Where such person violates Article 14 (4);
4. Where such person causes a traffic accident while transporting cargo by intention or gross negligence, killing or injuring another person;
5. Where such person lends his/her truck driver qualification certificate to a third person;
6. Where such person continues working as a truck driver while his/her qualification as a truck driver was suspended;
7. Where the driver's license for driving a truck pursuant to the Road Traffic Act is revoked;
7-2. Where the driver’s license for driving a truck is suspended under Article 93 (1) 5-2 of the Road Traffic Act for violation of Article 46-3 of the same Act;
8. Where such person violates Article 12 (1) 7;
9. Where a sentence of imprisonment without prison labor or heavier punishment imposed upon the truck driver for filing a fraudulent or wrongful insurance claim in connection with a traffic accident involving a truck, becomes final and conclusive.
(2) Matters necessary for the criteria and procedure for dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) With respect to the revocation of qualifications as a truck driver, Article 22 shall apply mutatis mutandis.
CHAPTER III FREIGHT FORWARDING BUSINESSES
 Article 24 (Permission for Freight Forwarding Businesses)
(1) Any person who intends to run a freight forwarding business shall obtain a permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That a person who obtains a permission for franchise trucking business under Article 29 (1) is not required to obtain the afore-mentioned permission. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where any person who obtains a permission for freight forwarding business under the main sentence of paragraph (1) (hereinafter referred to as "freight forwarder") intends to have his/her permission amended, he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within five days from the date on which a report or a modified report under paragraph (2) is filed. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(4) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (3), the report shall be deemed to be accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(5) Types of freight forwarding businesses under paragraph (1) shall be specified by Presidential Decree.
(6) The criteria for a permission for freight forwarding business under paragraph (1) are as follows: <Amended by Act No. 11690, Mar. 23, 2013>
1. The business shall satisfy the supply standards publicly notified by the Minister of Land, Infrastructure and Transport, taking into consideration demands for brokerage in transportation of cargo;
2. The area of its office, its capital or assessed value of assets, and other matters shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(7) With respect to reporting on matters concerning the criteria for the permit for a freight forwarder, Article 3 (9) shall apply mutatis mutandis. <Amended by Act No. 14725, Mar. 21, 2017>
(8) If a freight forwarder intends to remain at a place other than his/her principal place of business in order to conduct business activities, he/she shall establish a business office at the place with a permission therefor obtained from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 12475, Mar. 18, 2014>
 Article 25 (Prohibition on Borrowing Freight Forwarder's Name)
No freight forwarder may allow any third person to run a freight forwarding business in the forwarder's name.
 Article 26 (Freight Forwarders’ Obligations)
(1) With respect to cargo for which a freight forwarder has made a transportation contract in his/her own name, the freight forwarder shall not make a subcontract with another freight forwarder for the remaining amount after deducting a certain amount from the original contract amount: Provided, That the same shall not apply where the freight forwarder commissions another freight forwarder to act as a broker or an agent to consign the transportation of cargo directly to an entrusted owner operator or a single truck owner operator so that the cargo may be transported more efficiently. <Amended by Act No. 10804, Jun. 15, 2011>
(2) With respect to cargo for which a freight forwarder was requested by a shipper to act as a broker or an agent, the freight forwarder shall not commission another freight forwarder to act as a broker or an agent for the cargo in consideration for a fee or any other compensation.
(3) Deleted. <by Act No. 10804, Jun. 15, 2011>
(4) No freight forwarder shall give any false information to trucking business operators about the type, weight, or volume of cargo or any other relevant fact, or act as a broker for cargo transport in violation of Article 77 of the Road Act or Article 39 of the Road Traffic Act. <Amended by Act No. 13382, Jun. 22, 2015>
(5) No freight forwarder who is also a trucking franchisee shall act as a broker for transportation of cargo for another trucking franchisee of a trucking business franchisor of which he/she is also a franchisee.
(6) Arranging cargo by a freight forwarder to a trucking business franchisor for transportation shall not be deemed making a subcontract or acting as a broker or agent under paragraph (1) or (2).
(7) Matters to be observed by freight forwarders to establish orderly transportation of cargo and promote shippers' convenience, other than those provided for in paragraphs (1), (2), and (4) through (6), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
 Article 26-2 (Application of Freight Forwarders' Obligations, etc. to International Logistics Mediation Business Operators)
Where a person, who runs an international logistics mediation business registered under Article 43 (1) of the Framework Act on Logistics Policies, arranges trucking services to transport export-import cargo within the Republic of Korea, Article 26 governing freight forwarders' obligations shall apply. <Amended by Act No. 13382, Jun. 22, 2015; Act No. 13694, Dec. 29, 2015>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 27 (Revocation, etc. of Permission for Freight Forwarding Business)
(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission of a freight forwarder or order a freight forwarder to suspend operation of his/her business for a prescribed period not exceeding six months: Provided, That the Minister of Land, Infrastructure and Transport shall revoke the relevant permission without exception in cases falling under subparagraph 1, 2, or 9: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013; Act No. 12475, Mar. 18, 2014; Act No. 12707, May 28, 2014; Act No. 13382, Jun. 22, 2015; Act No. 13694, Dec. 29, 2015; Act No. 14725, Mar. 21, 2017>
1. Where a freight forwarder falls under any subparagraph of Article 4 applied mutatis mutandis pursuant to Article 28: Provided, That where one of the executive officers of a corporation falls under any subparagraph of Article 4, but is replaced within three months, the permission shall not be revoked;
2. Where a freight forwarder obtains a permission under Article 24 (1) by a fraud or improper means;
3. Where a freight forwarder ceases to meet the criteria for a permission referred to in Article 24 (6);
4. Where a freight forwarder fails to file a report referred to in Article 24 (7) or files a false report;
4-2. Where a freight forwarder permanently stays at a place other than his/her principal place of business and conducts business activities at such place without a permission for establishing a business office referred to in Article 24 (8);
5. Where a freight forwarder violates Article 25;
6. Where a freight forwarder breaches an obligation under Article 26;
7. Where a freight forwarder breaches an obligation under Article 11 (excluding paragraphs (3), (4), (7), (10), (14) through (18), and (20) of the aforementioned Article), which shall apply mutatis mutandis pursuant to Article 28;
7-2. Deleted; <by Act No. 14725, Mar. 21, 2017>
8. Where a freight forwarder fails to obey any improvement order under Article 13 (excluding subparagraphs 2 and 5 through 7 of the aforementioned Article), which shall apply mutatis mutandis pursuant to Article 28;
8-2. Where a freight forwarder fails to file a report under Article 47-2 (1) or files a false report;
9. Where a freight forwarder continues business during a period of business suspension in violation of any order to suspend business under this Article;
10. Deleted. <by Act No. 13694, Dec. 29, 2015>
(2) The criteria and procedure for the revocation of permission under paragraph (1) or the disposition of business suspension and other necessary matters shall be prescribed by Presidential Decree.
 Article 28 (Provisions Applicable Mutatis Mutandis)
With respect to freight forwarding business, Articles 4, 6, 7, 11 (excluding paragraphs (3), (4), (7), (10), (14) through (18), and (20) of the aforementioned Article), 12 (excluding paragraph (1) 4 of the aforesaid Article), 13 (excluding subparagraphs 2 and 5 through 7 of the aforesaid Article), 16 through 18, and 21 shall apply mutatis mutandis. In such cases, "standard-form transportation contract" shall be construed as "standard-form freight forwarding contract" for the purposes of applying Article 6 or 11 (8) or subparagraph 1 of Article 13 mutatis mutandis. <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11933, Jul. 16, 2013; Act No. 12707, May 28, 2014; Act No. 13374 & 13382, Jun. 22, 2015; Act No. 13694, Dec. 29, 2015; Act No. 14725, Mar. 21, 2017>
CHAPTER IV FRANCHISE TRUCKING BUSINESS AND CARGO INFORMATION NETWORK
 Article 29 (Permit for Franchise Trucking Business)
(1) A person who intends to run a franchise trucking business shall obtain a permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where a trucking franchisor who obtains a permission under paragraph (1) intends to have the permission amended, he/she shall obtain an amendment permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he/she intends to have a minor matter therein modified, he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The criteria for a permission for franchise trucking business or an amendment permission that involves the expansion of a fleet of trucks under paragraph (1) or the main sentence of paragraph (2) are as follows: <Amended by Act No. 22690, Mar. 23, 2013>
1. The franchise trucking business shall meet the supply standards publicly notified by the Minister of Land, Infrastructure and Transport, taking into consideration the demand for transportation of cargo;
2. The franchise trucking business shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with respect to the number of trucks (including the number of trucks owned by trucking franchisees), the capital or assessed value of assets, transport facilities, and other relevant matters.
(4) With respect to reporting on matters regarding the criteria for a permission for a trucking franchisor, Article 3 (9) shall apply mutatis mutandis. <Amended by Act No. 14725, Mar. 21, 2017>
(5) If a trucking franchisor intends to remain at a place other than his/her principal place of business in order to conduct business activities, he/she shall establish a business office at the place with a permission therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 12475, Mar. 18, 2014>
(6) The Minister of Land, Infrastructure and Transport shall notify an applicant of whether to grant a permission or an amendment permission or whether to accept a report within 20 days from the date an application for a permission or an amendment permission under paragraph (1), (2), or (5) or a modified report is filed. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(7) If the Minister of Land, Infrastructure and Transport fails to notify an applicant of whether to grant a permission or accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (6), the permission or report shall be deemed to be granted or accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
 Article 30 (Roles of Trucking Franchisor and Trucking Franchisees)
(1) A trucking franchisor shall perform the following work conscientiously to facilitate the franchise trucking business:
1. Allocating cargo fairly between the trucking franchisor and his/her trucking franchisees for direct transportation by him/her and indirect transportation through franchisees;
2. Developing and diffusing effective techniques for transportation;
3. Establishing and operating a common electronic computer network to facilitate transportation of cargo.
(2) Trucking franchisees shall perform the following affairs conscientiously to facilitate the franchise trucking business:
1. Providing the trucking franchisor with transportation service in compliance with the guidelines established by the trucking franchisor (applicable only to trucking franchisees who are trucking business operators);
2. Informing of the location of each vehicle for smooth transportation of cargo (applicable only to trucking franchisees who are trucking business operators);
3. Securing cargo and supplying them to the trucking franchisor (applicable only to trucking franchisees who are freight forwarders).
(3) As to the conciliation of disputes between a trucking franchisor and a trucking franchisee, Article 7 (3) through (6) shall apply mutatus mutandis. In such cases, the term "shipper" shall be construed as "trucking franchisor or trucking franchisee."
 Article 31 (Improvement Orders)
If deemed necessary for ensuring the safety of operations, establishing order in transportation, and promoting shippers' convenience, the Minister of Land, Infrastructure and Transport may issue an order to a trucking franchisor to take any of the following measures: <Amended by Act No. 11690, Mar. 23, 2013>
1. To amend the standard form of transportation contract;
2. To alter the structure of trucks or improve transport facilities;
3. To take measures for the safe transportation of cargo;
4. To notify the duty to provide an information disclosure statement under Article 7, 10, 11, or 13 of the Fair Transactions in Franchise Business Act, applied mutatis mutandis pursuant to Article 34, the return of a franchise deposit, descriptions of a franchise form of contract, the renewal of a franchise contract, and other relevant matters;
5. To buy a cargo liability insurance policy, etc. under Article 35 and an insurance policy or liability mutual aid agreement that the trucking franchisor is obligated to buy or conclude under the Compulsory Motor Vehicle Liability Security Act;
6. To take other measures prescribed by Presidential Decree as necessary for improving the franchise trucking business.
 Article 32 (Revocation of Permission for Franchise Trucking Business)
(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke a permission issued to a trucking franchisor or order a trucking franchisor to suspend his/her business operations completely or partially for a prescribed period not exceeding six months or to reduce the number of trucks: Provided, That the Minister of Land, Infrastructure and Transport shall revoke a permission without exception in cases falling under subparagraphs 1 and 4: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12475, Mar. 18, 2014; Act No. 12997, Jan. 6, 2015; Act No. 13382, Jun. 22, 2015>
1. Where a trucking franchisor falls under any subparagraph of Article 4, applied mutatis mutandis pursuant to Article 33: Provided, That the permit shall not be revoked if one of the executive officers of a corporation falls under any subparagraph of Article 4, but is replaced within three months;
2. Where a trucking franchisor engages a person unqualified as a truck driver to transport cargo;
3. Where a trucking franchisor fails to obey an order to commence business under Article 14, applied mutatis mutandis pursuant to Article 33, without justifiable grounds;
4. Where a trucking franchisor obtains a permission under Article 29 (1) deceitfully or otherwise fraudulently;
5. Where a trucking franchisor obtains an amendment permission under Article 29 (2) by a fraud or other improper means;
6. Where a trucking franchisor ceases to meet any of the criteria for the permission or amendment permission under Article 29 (3);
7. Where a trucking franchisor fails to file a report under Article 29 (4) or files a false report;
7-2. Where a trucking franchisor remains at a place other than his/her principal place of business and conducts business activities at the place without a permission for establishing a business office under Article 29 (5);
8. Where a trucking franchisor fails to obey an improvement order under Article 31 without justifiable grounds;
9. Where a trucking franchisor violates Article 11 (excluding paragraphs (9) through (11) of the aforesaid Article) or 25 (excluding where he/she allows his/her trucking franchisees to use his/her own business mark), applied mutatis mutandis pursuant to Article 33;
9-2. Deleted; <by Act No. 14725, Mar. 21, 2017>
10. Where a trucking franchisor violates any provisions of Articles 7, 9 through 11, 13, and 14 of the Fair Transactions in Franchise Business Act, applied mutatis mutandis pursuant to Article 34 (excluding where an improvement order is issued pursuant to Article 31);
11. Where a trucking franchisor violates an order issued pursuant to this Article to suspend business or reduce the number of vehicles;
12. Where a trucking franchisor injures or kills at least one person in a severe traffic accident or frequently repeated traffic accidents;
13. Where a trucking franchisor subject to the suspension of subsidies pursuant to Article 44-2 (1) falls under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension;
13-2. Where a trucking franchisor fails to file a report under Article 47-2 (1) or files a false report.
(2) The scope of serious traffic accidents and frequently repeated traffic accidents under paragraph (1) 12 shall be prescribed by Presidential Decree.
(3) The guidelines and procedure for the revocation of the permission, the disposition of business suspension, or the order for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
 Article 33 (Provisions Applicable Mutatis Mutandis)
With respect to franchise trucking business, Articles 4, 5, 6, 7, 10, 11 (excluding paragraphs (9) through (11) of the aforesaid Article), 12, 14, 16 through 18, 20, 21, and 25 (excluding where a trucking franchisor allows his/her trucking franchisees to use his/her own business mark) shall apply mutatis mutandis. In such cases, "standard-form of transportation contract" shall be construed as "franchise transportation contract form" for the purposes of applying Article 6 or 11 (8) or subparagraph 1 of Article 13 mutatis mutandis. <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11804, May 22, 2013; Act No. 13374&13382, Jun. 22, 2015; Act No. 14725, Mar. 21, 2017>
 Article 34 (Mutatis Mutandis Application of Fair Transactions in Franchise Business Act)
As to the exchange of information between a trucking franchisor and his/her trucking franchisees, the return of a franchise deposit, a franchise contract, and other relevant matters, Articles 7, 9 through 11, and 13 and 14 of the Fair Transactions in Franchise Business Act shall apply mutatis mutandis. In such cases, the term "franchise applicant" shall be construed as "person who desires to be granted a franchise for a franchise trucking business," the term "franchisee business operator" as "trucking franchisee," the term "franchise headquarters," "franchise headquarters (including where a franchise local headquarters or a franchise broker offers franchise opportunities to business operators; the same shall apply hereinafter)" in Article 7 (1) of the aforesaid Act, and the term "the franchise headquarters or an business operators' organization composed of a number of franchise headquarters" in Article 10 (1) of the aforesaid Act as "trucking franchisor," respectively, and the term "franchise deposit under subparagraph 6 (a) and (b) of Article 2" in Article 10 (1) of the aforesaid Act as "money paid to the trucking franchisor in consideration for a license for using the business mark when a business operator is granted the franchise, regardless of the name or manner in which the money was paid."
 Articles 34-2 and 34-3 Deleted. <by Act No. 13374, Jun. 22, 2015>
 Article 34-4 (Use of Cargo Information Networks, etc.)
(1) Where a trucking business operator consigns the transportation of cargo to another trucking business operator or an entrusted owner operator who belongs to another trucking business operator, he/she may use the cargo information network of a trucking franchisor or the cargo information network certified under Article 38 of the Framework Act on Logistics Policies. <Amended by Act No. 12707, May 28, 2014; Act No. 13374, Jun. 22, 2015>
(2) Where a freight forwarder consigns the transportation of cargo to a trucking business operator or an entrusted owner operator, he/she may use the cargo information network of a trucking franchisor or the cargo information network certified under Article 38 of the Framework Act on Logistics Policies. <Amended by Act No. 13374, Jun. 22, 2015>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
CHAPTER V CARGO INDEMNITY INSURANCE
 Article 35 (Obligation to Buy Cargo Indemnity Insurance)
Any of the following persons shall buy an insurance policy or enter into a mutual aid agreement for cargo liability (hereinafter referred to as "cargo indemnity insurance") as prescribed by Presidential Decree to cover his/her liability for damage under Article 7 (1): <Amended by Act No. 11690, Mar. 23, 2013>
1. A trucking business operator who owns trucks specified by Ordinance of the Ministry of Land, Infrastructure and Transport among trucks with a maximum load capacity of at least five tons or those with gross weight of at least ten tons;
2. A freight forwarder who handles cargo specified by Ordinance of the Minister of Land, Infrastructure and Transport;
3. A trucking franchisor.
 Article 36 (Obligation to Enter into Contract Such As Cargo Indemnity Insurance Policy, etc.)
(1) An insurance company prescribed in the Insurance Business Act (including a person who provides a mutual aid service that indemnifies for cargo; hereinafter referred to as "insurance company") shall not reject an offer made by a person who is obligated to buy cargo liability insurance (hereinafter referred to as "mandatory insurance policyholder") to enter into a contract of cargo liability insurance policy (hereinafter referred to as "liability insurance policy"), unless any of the grounds specified by Presidential Decree exist.
(2) Notwithstanding paragraph (1), a number of insurance companies may jointly execute a contract on cargo liability insurance with a mandatory insurance policyholder, where it is highly probable that the policyholder will cause an accident in transit or any of the grounds specified by Ordinance of the Ministry of Land, Infrastructure and Transport exist. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 37 (Cancellation of Liability Insurance Policy)
Neither a mandatory insurance policyholder nor an insurance company may fully or partially cancel or terminate a liability insurance policy, except where any of the following events occurs:
1. If the matters permitted for a trucking transport business is amended (referring only to a reduction in the number of vehicles) pursuant to the main sentence of Article 3 (3);
2. If the trucking transport business is temporarily or permanently closed in accordance with Article 18 (1) (including cases to which the aforesaid provisions apply mutatis mutandis pursuant to Article 28 or 33);
3. If the permission for the trucking transport business is revoked or an order to reduce the number of vehicles is issued pursuant to Article 19 (1);
4. The permission for the freight forwarder is revoked pursuant to Article 27 (1);
5. If the permission for the franchise trucking business is amended (referring only to a reduction in the number of vehicles) pursuant to the main sentence of Article 29 (2);
6. If the permission for the franchise trucking business is revoked or an order to reduce the number of vehicles is issued pursuant to Article 32 (1);
7. If it is intended to cancel or terminate a liability insurance policy because the coverage of two cargo liability insurance policies overlaps;
8. If the insurance company is unable to continue its business due to bankruptcy or any other reason;
9. If any event occurs similar to those under subparagraphs 1 through 8 and specified by Presidential Decree.
 Article 38 (Notification of Expiry Date of Liability Insurance Policy)
(1) Any insurance company shall notify each mandatory insurance policyholder who has entered into a liability insurance policy therewith, no later than 30 days before the expiry date of the policy, of the fact that the policy will expire.
(2) Where a mandatory insurance policyholder who has entered into a liability insurance policy with an insurance company fails to enter into a new policy after expiration of the policy, the insurance company concerned shall notify the Minister of Land, Infrastructure and Transport of such fact without delay. <Amended by Act No. 11690, Mar. 3, 2013>
(3) Necessary matters concerning the method and procedure for notification under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No.11690, Mar. 3, 2013>
CHAPTER VI RATIONALIZATION OF BUSINESS MANAGEMENT
 Article 39 (Efforts for Rationalization of Business Management)
Trucking business operators, freight forwarders, and trucking business franchisors (hereinafter referred to as "trucking service providers") shall endeavor to rationalize business management and improve transportation services by establishing order in transportation of cargo, making business management efficient, and developing techniques for transportation of cargo.
 Article 40 (Entrustment of Business Management)
(1) Where necessary to operate trucking transport business more efficiently, a trucking business operator may entrust any of his/her vehicles and of the management of his/her business to another person (referring to any individual other than a trucking business operator) or entrust any part of the management of his/her business to a person who has contributed vehicles in kind. <Amended by Act No. 10804, Jun. 15, 2011>
(2) The Minister of Land, Infrastructure and Transport may restrict the entrustment of business management under Article 3 (14) notwithstanding paragraph (1) where it is necessary to induce the maintenance of order of cargo transport market and improvement of transportation service of trucking business operators. <Newly Inserted by Act No. 13382, Jun. 22, 2015; Act No. 14725, Mar. 21, 2017>
(3) Both a trucking business operator and an entrusted owner operator shall conclude a contract for entrustment fairly in accordance with an agreement that is made between them on an equal footing and shall act in good faith and with sincerity in fulfilling the contract. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(4) In concluding a contract under paragraph (3), the parties shall specify in the contract the vehicle owner, the term of contract, and other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and shall exchange and keep written contracts signed and sealed by each of them. In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify a standard entrustment contract form to recommend the parties to a contract to use the standard entrustment contract form. <Newly Inserted by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12707, May 28, 2014>
(5) The term of a contract for entrustment under paragraph (3) shall be at least two years. <Newly Inserted by Act No. 12707, May 28, 2014>
(6) Each Mayor/Do Governor may establish and operate a dispute mediation council for trucking transport businesses, as prescribed by Presidential Decree, to assist trucking transport businesses in settling disputes arising in connection with the conclusion and performance of contracts for entrustment under paragraph (3). <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(7) Where any of the terms and conditions of an entrustment contract under paragraph (3) are remarkably unfair for one party and it falls under any of the following cases, it shall be made void by restricting the relevant terms and conditions: <Newly Inserted by Act No. 13382, Jun. 22, 2015>
1. Where one party shifts the responsibility onto the other party for the terms and conditions difficult to expect at the time of contracting in reflecting all situations related to the type, terms, conditions, etc. of transportation contract;
2. Where one party undermines the other party's legitimate interests by providing the terms and conditions of contract as per unilateral intention if there is no specific determination or there are conflicts between the parties for the terms and conditions of contract;
3. Where one party undermines the other party's legitimate interests by determining that he/she excessively deducts or adds the liability for damages of a party under nonfulfillment of a contract;
4. Where one party excludes or limits the rights of the other party which are acknowledged by relevant statutes, such as the Civil Act and this Act, without any reasonable reasons;
5. Where some parts of the terms and conditions of an entrustment contract are remarkably unfair for one of the parties so it is necessary to nullify the relevant parts and such cases prescribed by Presidential Decree.
 Article 40-2 (Renewal, etc. of Entrustment Contracts)
(1) If a trucking business operator is requested by an entrusted owner operator to renew the relevant entrustment contract during the period between 150 days and 60 days before the term of the entrustment contract expires, he/she shall not reject the request to renew the contract, unless any of problems specified by Presidential Decree makes it impracticable to renew the entrustment contract: Provided, That the foregoing shall not apply where the entire term of an entrustment contract, including the initial term of the entrustment contract, exceeds six years.
(2) If a trucking business operator intends to reject the request for renewal under paragraph (1), he/she shall give written notice of the reasons for rejection to the relevant entrusted owner operator within 15 days from the date on which he/she receives the request.
(3) If a trucking business operator fails to give notice of rejection under paragraph (2) or to notify the relevant entrusted owner operator, in writing, of an amendment to the terms and conditions of the relevant entrustment contract or of his/her intention not to renew the entrustment contract during a period of between 150 days and 60 days before the term of the entrustment contract expires, it shall be deemed that another entrustment contract is concluded under the same terms and conditions as those of the entrustment contract prior to the expiration of the contract: Provided, That the foregoing shall not apply where an entrusted owner operator raises any objection by not later than 30 days before the expiration of the contract or where a natural disaster or any inevitable causes and events specified by Presidential Decree occurs to the entrusted owner operator.
[This Article Newly Inserted by Act No. 12707, May 28, 2014]
 Article 40-3 (Restriction, etc. on Termination of Entrustment Contracts)
(1) Where a trucking business operator intends to terminate an entrustment contract, he/she shall give written notice to the relevant entrusted owner operator at least twice, that he/she will terminate the contract, if the entrusted owner operator does not rectify his/her breach of the contract within a given grace period of at least two months, informing the entrusted owner operator of the breach of the contract in detail: Provided, That the foregoing shall not apply where any of the serious problems specified by Presidential Decree makes it impracticable to maintain the entrustment contract.
(2) Termination of an entrustment contract without fulfilling the procedure under paragraph (1) is ineffective.
(3) Where a trucking business operator is taken measures to revoke a permission or reduce the number of trucks (it only applies where the trucks of an entrusted owner operator are subject to measures to reduce the number of trucks) under Article 19 (1) due to any of the following reasons, the relevant entrustment contract of the trucking business operator with the entrusted owner operator shall be deemed terminated: <Newly Inserted Act No. 13382, Jun 22, 2015>
1. Article 19 (1) 1, 2, 3, or 5;
2. Where a trucking business operator is taken measures to revoke a permission or reduce the number of trucks due to the causes attributable to him/her (excluding where it is possible to take measures to revoke a permission or reduce the number of trucks due to willfulness of an entrusted owner operator), and such cases prescribed by Presidential Decree.
(4) The Minister of Land, Infrastructure and Transport or a federation shall support a person who was an entrusted owner operator of an entrustment contract terminated under paragraph (3) to conclude an entrustment contract with another trucking business operator. In such cases, a person who was the relevant entrusted owner operator and the trucking business operator who concluded the entrustment contract may not request the payment of unfair money in the name of concluding the entrustment contract. <Newly Inserted by Act No. 13382, Jun. 22, 2015>
[This Article Newly Inserted by Act No. 12707, May 28, 2014]
 Article 40-4 (Transfer of Entrustment Contracts)
(1) An entrusted owner operator may transfer his/her position of an entrustment contract under Article 40 (3) to a third party upon receipt of agreement by the relevant trucking business operator: Provided, That, in any of the following cases, no trucking business operator may reject the agreement on the transfer of an entrustment contract, excluding cases prescribed by Presidential Decree, such as the transferee does not prepare qualification for a truck driver under Article 8:
1. Where an entrusted owner operator may not perform his/her parts of business management entrusted due to occupational injury or occurrence of disease, etc.;
2. Where there are unavoidable reasons to an entrusted owner operator, and such cases prescribed by Presidential Decree.
(2) A person whose position of an entrustment contract under paragraph (1) is transferred shall succeed the responsibilities and duties of a transferee under the entrustment contract.
(3) Where an entrusted owner operator transfers his/her position of an entrustment contract under the proviso to paragraph (1), he/she shall notify the details of transfer in writing to the relevant trucking business operator.
(4) Where a trucking business operator does not reject the agreement on transfer within one month after the date of notification of paragraph (3), the trucking business operator shall be deemed to agree the transfer thereof.
[This Article Newly Inserted by Act No. 13382, Jun. 22, 2015]
 Article 40-5 (Survey, etc. on Entrustment Contracts)
(1) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may regularly conduct a survey for preparation of entrustment contracts under Article 40 (3).
(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request materials related to contracts to the parties of entrustment contracts under Article 40 (3). In such cases, the party in receipt of such request shall comply therewith, except in extenuating circumstances.
(3) Necessary matters concerning timing, range, means, etc. of surveys under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13382, Jun. 22, 2015]
 Article 41 (Management Guidance)
(1) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems it necessary for improving management of trucking transport services or for the improvement of transportation services, he/she may provide guidance to trucking service providers for the management of trucking transport services. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013>
(2) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor finds that a trucking service provider shows poor performance in business management, including financial management and project management, he/she may provide advice to the trucking service provider on the improvement of business management and may also require the trucking service provider to submit a long- or medium-term plan or an annual plan for the improvement of business management. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013>
(3) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor finds that a plan submitted by a trucking service provider for improving business management in accordance with paragraph (2) is unreasonable, he/she may recommend him/her to amend the plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013>
 Article 42 (Training Courses for Managers)
Where a Mayor/Do Governor deems it necessary to improve trucking service providers' abilities to manage business, he/she may provide executive officers responsible for business management (referring to a trucking service provider him/herself, if the trucking service provider is a private individual) with training courses for managers. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013>
 Article 43 (Financial Support)
(1) If deemed necessary to provide a local government, a business operators' organization, or a trucking service provider with financial support in implementing any of the following projects, the State may grant subsidies or loan for part of the funds required, as prescribed by Presidential Decree: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. A project for constructing common depots and public truck depots;
2. A project for building a trucking transport business information system;
3. A project for replacing outworn vehicles;
4. A project for conversion to fuel-efficient or environment-friendly trucks, etc. and for investment in facilities and equipment necessary for such conversion;
5. A project for constructing truck stops;
6. A project for expanding and improving facilities and equipment for the improvement of trucking transport services;
7. Other activities for the rationalization of business management of trucking transport services as specified by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun (including any Gun within a Metropolitan City; hereafter the same shall apply in this Article and Articles 44 and 44-2) may grant trucking business operators, trucking franchisors, and persons entrusted with trucking transport business in accordance with Article 40 (1) (hereafter referred to as "trucking business operators, etc." in this Article and Articles 44 and 44-2) a full or partial subsidy for an increase in the following taxes and charges imposed on petroleum, as prescribed by Presidential Decree: <Amended by Act No. 10221, Mar. 31, 2010; Act No. 10804, Jun. 15, 2011; Act No. 11481, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13382, Jun. 22, 2015>
1. Education tax, traffic, energy, and environment tax, and automobile tax imposed respectively on diesel oil pursuant to Article 5 (1) of the Education Tax Act, Article 2 (1) 2 of the Traffic, Energy and Environment Tax Act, and Article 136 (1) of the Local Tax Act;
2. Individual consumption tax, education tax, and a surcharge imposed on butane, respectively, among various petroleum gases pursuant to Article 1 (2) 4 (f) of the Individual Consumption Tax Act, Article 5 (1) of the Education Tax Act, and Article 18 (2) 1 of the Petroleum and Alternative Fuel Business Act.
 Article 44 (Use of Subsidies)
(1) No person to whom a subsidy or loan has been granted pursuant to Article 43 (1) shall spend the funds for any purpose other than the originally intended purpose of the subsidy or loan.
(2) The Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun shall guide and supervise the persons to whom a subsidy or loan has been granted pursuant to Article 43 (1) to use the funds appropriately. <Amended by Act No. 11481, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) Where the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun finds that a business operators' organization or a trucking business operator, etc. received a subsidy or loan under Article 43 (1) or (2) deceitfully or otherwise fraudulently, he/she shall order the organization or the trucking service provider to return the subsidy or loan, and may recover it in the same manner as delinquent national or local taxes are collected, if the organization or the trucking service provider fails to obey his/her order. <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11481, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
 Article 44-2 (Suspension of Subsidy, etc.)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall suspend the payment of subsidy under Article 43 (2) for a period not exceeding one year, as prescribed by Presidential Decree, where a trucking business operator, etc. falls under any of the following cases: <Amended by Act No. 11481, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13382, Jun. 22, 2015>
1. Where he/she receives subsidies from a petroleum retailer defined in subparagraph 9 of Article 2 of the Petroleum and Alternative Fuel Business Act or a liquefied petroleum gas filling business entity defined in subparagraph 5 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act (hereinafter referred to as "provider of filling petroleum, etc.") by issuing a fraudulent tax invoice under Article 32 of the Value-Added Tax Act;
2. Where he/she receives subsidies through making transactions or through commissioning another person to vicariously make transactions by means of any credit card, debit card, or card used for application of subsidy as pre-paid card (hereinafter referred to as "purchase card for petroleum, etc.") defined in Article 2 of the Specialized Credit Finance Business Act under the pretense of purchasing petroleum, etc. from a provider of filling petroleum, etc. or in excess of the actual purchase amount;
3. Where he/she receives a subsidy in connection with oil used for any purpose other than trucking transport services;
4. Where he/she receives a subsidy by misrepresenting the amount of oil purchased and consumed by another trucking business operator, etc. as his/her own;
5. Where he/she receives a subsidy via fraudulent or illegal means in violation of any matter prescribed by Presidential Decree under Article 43 (2);
6. Where he/she fails to comply with a request to provide a statement of vindication and corroborative facts under paragraph (3) or refuses, evades, or interferes with any inspection or investigation under said paragraph.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may suspend the transaction functions of the purchase card for petroleum, etc. of the relevant business place as prescribed by Presidential Decree where a provider of filling petroleum, etc. participates in activities falling under any subparagraph of paragraph (1), or conspires thereof. <Newly Inserted by Act No. 13382, Jun. 22, 2015>
(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may request a trucking business operator, etc. to provide a statement of vindication and corroborative facts evidencing the details of transactions so as to ascertain whether the trucking business operator, etc. falls under any of following cases and, if necessary, may direct public officials under his/her control to visit a place of business of the trucking business operator, etc. to inspect accounting books, documents, and other things or to question the relevant persons: <Amended by Act No. 13382, Jun. 22, 2015>
1. Whether or not a trucking business operator, etc. conducts activities falling under any of paragraph (1) 1 through 5;
2. Whether or not a provider of filling petroleum, etc. participates in the activities falling under any of paragraph (1) 1 through 5 or conspires thereof.
(4) In conducting an investigation or inspection under paragraph (3), a notice specifying the details and date of and reasons for such investigation or inspection shall be given to the relevant trucking business operator, etc. by not later than seven days before the investigation or inspection: Provided, That the same shall not apply to emergencies or where it is deemed that advance notice would lead to the destruction of evidence or otherwise make it impracticable to attain the purpose of the investigation or inspection. <Amended by Act No. 13382, Jun. 22, 2015>
(5) Public officials conducting an investigation or inspection under paragraph (3) shall carry their certificates of authority and produce them to relevant persons, and those who visit a place of business shall present a document stating their names, the time and purpose of their visit, etc. to relevant persons. <Amended by Act No. 13382, Jun. 22, 2015>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 45 (Establishment of Public Truck Depots)
(1) Each Mayor/Do Governor or the head of each Si/Gun/Gu may establish and operate a public truck depot on his/her own account or lease it (or entrust the management of the depot) to a business operators' organization, a trucking business operator, or a trucking business franchisor.
(2) When a Mayor/Do Governor or the head of a Si/Gun/Gu intends to establish a public truck depot, he/she shall formulate a plan for establishing and operating the public truck depot (hereafter referred to as “plan for the establishment and operation"). In such cases, the head of a Si/Gun/Gu shall obtain prior approval therefor from the competent Mayor/Do Governor. The same shall apply to any amendments to the approved plan. <Amended by Act No. 13382, Jun. 22, 2015>
(3) When a Mayor/Do Governor or the head of a Si/Gun/Gu formulates or amends a plan for the establishment and operation, or obtains approval or amended approval pursuant to paragraph (2), he/she shall issue public notice thereof.
(4) Where a Mayor/Do Governor seeks to formulate a plan for the establishment and operation or to approve a plan for the establishment and operation formulated by the head of a Si/Gun/Gu pursuant to paragraph (2), Article 46-4 shall apply mutatis mutandis with respect to the authorization, permission, etc. involved. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
 Article 46 Deleted. <by Act No. 13382, Jun. 22, 2015>
 Article 46-2 (Expansion of Truck Stops)
(1) In order to improve truck drivers' working conditions and facilitate the transportation of cargo, the Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan to expand truck stops (hereinafter referred to as "comprehensive plan for truck stops") along freight routes and in major logistics hubs, on a five-yearly basis. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A comprehensive plan for truck stops shall include the following: <Amended by Act No. 11690, Mar. 23, 2013>
1. Current conditions of and future demand for truck stops;
2. Systematic supply of truck stops;
3. Placement of truck stops by year and region;
4. Upgrading and increasing efficiency of truck stops;
5. Other matters relating to the expansion of truck stops, as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport.
(3) Where the Minister of Land, Infrastructure and Transport seeks to formulate a comprehensive plan for truck stops or to modify any matter therein prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall first hear opinions from Mayors/Do Governors and consult with the heads of related central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where the Minister of Land, Infrastructure and Transport formulates a comprehensive plan for truck stops pursuant to paragraph (1) or modifies any matter in such a plan pursuant to paragraph (3), he/she shall publish such fact in the Official Gazette. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Any project operator under Article 46-3 (2) may request the Minister of Land, Infrastructure and Transport to modify a comprehensive plan for truck stops if necessary. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor approves the establishment or modification of a construction plan pursuant to Article 46-3 (6) and (7), he/she shall ensure that it does not conflict or overlap with a comprehensive plan for truck stops. <Amended by Act No. 11690, Mar. 23, 2013>
(7) Necessary matters regarding the formulation, etc. of comprehensive plans for truck stops shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 46-3 (Implementation, etc. of Projects for Construction of Truck Stops)
(1) Persons eligible to operate projects for construction of truck stops shall be as follows:
1. The State or local governments;
2. Public institutions prescribed by Presidential Decree from among those prescribed in the Act on the Management of Public Institutions;
3. Local government-invested public corporations under the Local Public Enterprises Act;
4. Corporation designated by those provided for in subparagraphs 1 through 3, as prescribed by Presidential Decree.
(2) Any person who seeks to operate a project for construction of truck stops pursuant to paragraph (1) (hereinafter referred to as "project operator") shall formulate a plan for construction of truck stops (hereinafter referred to as "construction plan"), including information prescribed by Presidential Decree, such as the name and objectives of the project, the areas in which the project is to be operated, and the size of such areas.
(3) The areas in which truck stops are to be constructed and the facility standards shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where a project operator formulates a construction plan under paragraph (2), he/she shall publicly announce the plan as prescribed by Presidential Decree and shall then make copies of the relevant documents available for public inspection for at least 20 days.
(5) With respect to a project for construction of truck stops, interested persons may present their opinions to the project operator concerning the relevant construction plan within a period of public inspection fixed under paragraph (4), and the project operator shall reflect such opinions in the construction plan if they are deemed reasonable.
(6) Upon completion of the public announcement and public inspection under paragraph (4), the project operator shall obtain approval from the relevant Mayor/Do Governor for the construction plan: Provided, That the State, a project operator under paragraph (1) 2, or a person designated by the State or the project operator under paragraph (1) 2 shall obtain such approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(7) Where a project operator who has obtained approval pursuant to paragraph (6) intends to modify any matter in the approved construction plan, which is prescribed by Presidential Decree, such as the area in which the project is to be operated and the size of such area, he/she shall obtain approval from the approval authority for such modification.
(8) Upon receipt of an application for approval of a construction plan or for the approval of a modification to a construction plan under paragraph (6) or (7), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall make a decision on whether to approve the construction plan or the modification within 60 days from the date the application for the approval of the construction plan or modification is filed, except in an exceptional situation, and shall publicly notify the approval of the construction plan or modification, if he/she approves the plan or modification. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12475, Mar. 18, 2014>
(9) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor does not make a decision on whether to approve a construction plan or a modification within 60 days from the date the application for the approval of the construction plan or modification under paragraph (6) or (7) is filed, he/she is deemed to have approved the construction plan or modification. <Newly Inserted by Act No. 12475, Mar. 18, 2014>
(10) In either of the following cases, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may revoke or amend the approval of a construction plan or may order a project operator to take other necessary measures: Provided, That the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall revoke a construction plan without exception in cases falling under subparagraph 1: <Newly Inserted by Act No. 12475, Mar. 18, 2014>
1. If a project operator obtains approval for the construction plan under paragraph (6) by a fraud or other improper means;
2. If a project operator continues the relevant project according to a modified construction plan without obtaining approval of the modification under paragraph (7).
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 46-4 (Legal Fiction of Authorization, Permission, etc.)
(1) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor approves a construction plan or an amendment thereto under Article 46-3 (6) or (7), and completes consultation with the heads of relevant administrative agencies in accordance with paragraph (2) on the matters subject to the following authorization, permission, approval, decision, or other similar action (hereinafter referred to "authorization, permission, etc.") with respect to the construction plan, the relevant project operator is deemed to have obtained the relevant authorization, permission, etc. and the relevant authorization, permission, etc. under the following Acts is deemed publicly notified or announced at the time the approval of the construction plan or the amendment thereto is publicly notified under Article 46-3 (8): <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun 3, 2014; Act No. 13879, Jan. 27, 2016; Act No. 14480, Dec. 27, 2016; Act No. 14532, Jan. 17, 2017>
1. Permission for building under Article 11 of the Building Act, a building report under Article 14 of the same Act, revision to permission for building or report under Article 16 of the same Act, permission for or a report on erection of a temporary building under Article 20 of the same Act, and consultation about building under Article 29 of the same Act;
2. Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act;
3. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of or reporting on an implementation plan under Article 17 of the same Act, a reclamation license under Article 28 of the same Act, and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;
4. Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act, and permission to use and benefit from administrative property under Article 20 (1) of the same Act;
5. Permission to use administrative property under Article 30 of the State Property Act, and disuse of administrative property under Article 40 of the same Act;
6. Determination of an urban management plan under Article 30 of the National Land Planning and Utilization Act (limited to subparagraph 4 (c) of Article 2 of the National Land Planning and Utilization Act), permission for development activities under Article 56 (1) of the same Act, designation of the implementer of an urban planning facility project under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act;
7. Permission to use agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;
8. Permission for, or consultation about, diversion of farmland under Article 34 of the Farmland Act;
9. Permission for or reporting on the installation of discharge or emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of the Noise and Vibration Control Act;
10. Permission to implement road works under Article 36 of the Road Act, and permission to occupy and use roads under Article 61 of the same Act;
11. Designation of implementing an urban development project under Article 11 of the Urban Development Act, and authorization of an implementation plan under Article 17 of the same Act;
12. Permission to open a private road under Article 4 of the Private Road Act;
13. Permission for lumbering, etc. under Article 14 of the Erosion Control Work Act, and cancellation of designation of land treated for erosion control under Article 20 of the same Act;
14. Permission for and reporting on mountainous district conversion under Articles 14 and 15 of the Mountainous Districts Management Act;
15. Permission for and reporting on the cutting of standing timber, etc. under Article 36 of the Creation and Management of Forest Resources Act, and permission for and reporting on activities within a forest conservation zone under Article 9 (2) 1 and 2 of the Forest Protection Act;
16. Designation of a project operator under Article 16 (1) of the Industrial Sites and Development Act, and approval of an implementation plan under Articles 17 (1), 18 (1), and 19 (1) of the same Act;
17. Registration of a petroleum sales business under Article 10 of the Petroleum and Alternative Fuel Business Act, as prescribed by Presidential Decree;
18. Permission to execute small river construction works under Article 10 of the Small River Maintenance Act, and permission to occupy a small river under Article 14 of the same Act;
19. Authorization of a waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization on installation of private-use waterworks under Articles 52 and 54 of the same Act;
20. Approval of a master plan for public wastewater treatment facilities under Article 49 of the Water Environment Conservation Act;
21. Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act;
22. Registration of a motor vehicle trading business and a motor vehicle maintenance business that fall within the category of motor vehicle management business under Article 53 of the Motor Vehicle Management Act;
23. Permission to dispose of graves established on another person's land, etc. under Article 27 of the Act on Funeral Services, Etc.;
24. Consultation about the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
25. Permission to divert grassland under Article 23 of the Grassland Act;
26. Examination for the use of survey results under Article 15 of the Act on the Establishment, Management, etc. of Spatial Data, and reporting on the commencement, alteration, or completion of a project under Article 86 of the same Act;
27. Approval for or reporting on installation of waste disposal facilities under Article 29 of the Wastes Control Act;
28. Permission to execute works for construction of a public sewerage system under Article 16 of the Sewerage Act, and permission to occupy and use a public sewerage system under Article 24 of the same Act;
29. Permission to execute river works and authorization of a river works execution plan under Article 30 of the River Act, and permission to occupy and use a river under Article 33 of the same Act;
30. Permission to execute a harbor project under Article 9 (2) of the Harbor Act, and approval of an implementation plan under Article 10 (2) of the same Act.
(2) In approving a construction plan or an amendment thereto pursuant to Article 46-3 (6) or (7), the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor shall pre-consult with the head of the relevant administrative agency if the construction plan includes any of the subparagraphs of paragraph (1). In such cases, the head of the relevant administrative agency shall present his/her opinion within 20 days from the date he/she receives a request for such consultation. <Amended by Act No. 11690, Mar. 23, 2013>
(3) A project operator who seeks to obtain the constructive authorization, permission, etc. under paragraph (1) shall submit the documents required under the relevant Act when filing an application for approving a construction plan or an amendment thereto.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 46-5 (Expropriation and Use)
(1) A person who operates any of the following projects may expropriate or use land and other assets defined in subparagraph 1 of Article 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as “land, etc.”), as necessary: <Amended by Act No. 13382, Jun. 22, 2015>
1. Establishment of a public truck depot under Article 45;
2. Construction project of a truck stop under Article 46-3.
(2) If any of the following approval, permission, public notice, or public announcement is granted or given, it shall be deemed that the relevant project has been approved and the approval of the project has been publicly notified under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects: <Amended by Act No. 13382, Jun. 22, 2015>
1. Establishment and authorization of plans for establishment and operation, and public notice thereof under Article 45 (3);
2. Approval of construction plans and public notice thereof under Article 46-3 (8).
(3) Notwithstanding Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, a petition for adjudication on the expropriation or use of land and other assets under paragraph (1) may be filed during the period of implementation of the project specified in the relevant plan for establishment and operation, or the relevant construction plan. <Amended by Act No. 12475, Mar. 18, 2014; Act No. 13382, Jun. 22, 2015>
(4) Except as otherwise expressly provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to expropriation or use under Article (1). <Newly Inserted by Act No. 12475, Mar. 18, 2014>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 46-6 (Entrustment of Operation of Truck Stops)
(1) Project operators may entrust the operation of a truck stop to the business operators' organization or to any other person as prescribed by Presidential Decree.
(2) Necessary matters regarding the period, methods, etc. of entrustment of the operation of truck stops under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 47 Deleted. <by Act No. 13382, Jun. 22, 2015>
 Article 47-2 (Reporting, Management, etc. of Actual Results)
(1) Trucking business operators (excluding a trucking business operator who owns one truck), freight forwarders, and trucking franchisors shall manage the actual results of transportation or agency services for transportation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and submit a report thereon to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13382, Jun. 22, 2015; Act No. 13812, Jan. 19, 2016>
(2) Trucking business operators who have obligations of direct transportation under Article 11-2 (1) shall transport cargo above the level prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the details of the level shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13382, Jun. 22, 2015>
(3) The Minister of Land, Infrastructure and Transport may build and operate a system to manage the actual results of cargo transport (hereinafter referred to as "system to manage the actual results of cargo transport") to systematically manage information on cargo transport, including the actual results of transportation or agency services for transportation under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport may entrust the operation of the system to manage the actual results of cargo transport to a person determined by Ordinance of the Ministry of Land, Infrastructure and Transport, with the reimbursement of expenses involved. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Necessary matters concerning the methods, etc. of operating and utilizing the system to manage the actual results of cargo transport shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 47-3 Deleted. <by Act No. 13382, Jun. 22, 2015>
 Article 47-4 (Security Countermeasures for System to Manage Actual Results of Cargo Transport)
A manager of a system to manage the actual results of cargo transport shall establish technical, physical, and administrative security countermeasures to prepare illegal approach, changes, damage, destruction, hacking, leaking, etc. of input information by the third party on the system to manage the actual results of cargo transport.
[This Article Newly Inserted by Act No. 13694, Dec. 29, 2015]
 Article 47-5 (Confidentiality of Materials to Manage Actual Results of Cargo Transport)
A person falling under or having fallen under any of the followings shall neither provide nor divulge the materials to manage the actual results of cargo transport which he/she has acquired in relation to his/her duties to others nor use those for other than its purpose:
1. Public officials belonging to the Ministry of Land, Infrastructure and Transport;
2. Public officials belonging to local governments;
3. Any person entrusted with operation related to management of actual results of cargo transport under Article 64.
[This Article Newly Inserted by Act No. 13694, Dec. 29, 2015]
 Article 47-6 (Evaluation of Cargo Transport Services, etc.)
(1) The Minister of Land, Infrastructure and Transport may evaluate cargo transport services which trucking business operators provide for promotion of cargo transport services and protection of users' rights and interests.
(2) The criteria of evaluating cargo transport services under paragraph (1) shall be as follows:
1. Users’ satisfaction of cargo transport services;
2. Swiftness and accuracy of cargo transport services;
3. Safety of cargo transport services;
4. Other matters which conform to subparagraph 1 through 3, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) The evaluation on cargo transport services under paragraph (1) shall include survey of users, and necessary matters concerning detailed evaluation methods and procedures shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) Having evaluated cargo transport services under paragraph (1), the Minister of Land, Infrastructure and Transport shall announce the details such as evaluation results specific to evaluation item, and service quality, as prescribed by Presidential Decree.
(5) Where the Minister of Land, Infrastructure and Transport evaluates cargo transport services, he/she may request trucking business operators to submit the relevant materials or opinions, or substantially investigate the services.
(6) A trucking business operator who has been requested to submit materials or opinions under paragraph (5) shall comply with such request, except in extenuating circumstances.
[This Article Newly Inserted by Act No. 13694, Dec. 29, 2015]
CHAPTER VII BUSINESS OPERATORS' ORGANIZATIONS
 Article 48 (Establishment of Associations)
(1) trucking service providers that engage in the same type of trucking transport business, freight forwarding business, or franchise trucking business or those domiciled in the Special Metropolitan City or the same Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") may establish an association, subject to authorization by the Minister of Land, Infrastructure and Transport so as to promote the sound development of trucking transport services and pursue common interests of trucking service providers. <Amended by Act No. 11481, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12475, Mar. 18, 2014>
(2) Each association shall be a corporation.
(3) An association is duly formed when it completes registration of its establishment, at the registry office having jurisdiction over its principal place of business.
(4) In order for an association to be established, at least one fifth of the persons who are qualified for membership in the association shall participate in its formation as promoters to prepare and adopt the articles of incorporation at its inaugural general meeting with consent from at least one third of those qualified for membership, and shall file an application for authorization with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(5) trucking service providers may be admitted to an association in accordance with its articles of incorporation.
(6) Qualification for membership, the prescribed the number of executive officers and method to elect them, and other matters necessary for the operation of associations shall be prescribed by articles of incorporation.
(7) An amendment to articles of incorporation shall be subject to authorization by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(8) Necessary matters concerning the mandatory provisions of articles of incorporation and supervision over associations shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(9) With respect to the associations, the provisions governing incorporated associations in the Civil Act shall apply mutatis mutandis, except as otherwise expressly provided for in this Act.
 Article 49 (Business Activities of Associations)
An association shall conduct the following business activities:
1. Projects for promoting the sound development of trucking transport services and pursuing common interests of trucking service providers;
2. Activities for the preparation and management of statistics necessary for the promotion and development of trucking transport services and the collection, survey, and research of data of foreign countries;
3. Education and training of managers and trucking employees;
4. Guidance for the improvement of business management of trucking transport services;
5. Matters specified by this Act as business affairs of an association;
6. Business affairs entrusted by the State or a local government;
7. Business affairs incidental to the business activities under subparagraphs 1 through 5.
 Article 50 (Federations)
(1) Associations formed by trucking service providers, associations formed by freight forwarders, and associations formed by trucking franchisors may establish a federation, respectively, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the objectives of achieving their common goals. In such cases, associations formed by trucking service providers, associations formed by freight forwarders, and associations formed by trucking franchisors, shall become members of the federation concerned, respectively. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Articles 48 and 49 shall apply mutatis mutandis to the establishment and business activities of the federations.
 Article 51 (Mutual Aid Service)
(1) A federation of associations established by trucking service providers may engage in a business of underwriting the liability of trucking service providers for damage caused by motor vehicle accidents and a business of providing a liability mutual aid service for cargo liability, subject to permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) With respect to the liability mutual aid service under paragraph (1), the contributions, operating committee, coverage, mutual aid regulations, reports and inspections, improvement orders, disciplinary measures against executive officers and employees of the federation in charge of the management and operation of the liability mutual aid service, the maintaining of financial soundness, etc. shall be governed by Articles 51-2 (5) and 51-4 through 51-10 which are applicable mutatis mutandis. <Amended by Act No. 10804, Jun. 15, 2011>
(3) through (5) Deleted. <by Act No. 10804, Jun. 15, 2011>
 Article 51-2 (Establishment, etc. of Mutual Aid Associations)
(1) Trucking service providers may establish mutual aid associations by types of business (hereinafter referred to as "mutual aid associations") with authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, to assist the members of the mutual aid associations in conducting independent economic activities through mutual cooperation among themselves and engage in the business of insuring the liability of the members thereof for damage caused by motor vehicle accidents and a business of providing a liability mutual aid service for cargo liability. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A mutual aid association shall be a corporation.
(3) A mutual aid association shall come into existence by effecting the registration of its incorporation, at the location of its principal office.
(4) Trucking service providers are eligible to join a mutual aid association as provided in its articles of incorporation.
(5) Members of a mutual aid association shall pay their share of the contributions necessary for the liability mutual aid service.
(6) Matters concerning membership qualifications and executive officers, and other necessary matters regarding the operation of mutual aid associations, shall be determined by the articles of incorporation of the mutual aid associations.
(7) Matters to be entered in the articles of incorporation and other necessary matters concerning the supervision over mutual aid associations shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-3 (Authorization Procedures, etc. for Incorporation of Mutual Aid Associations)
(1) The incorporation of a mutual aid association shall be subject to the promotion of at least 1/10 of the persons eligible for its membership and authorization from the Minister of Land, Infrastructure and Transport after its articles of incorporation are prepared at the inaugural general meeting with consent from at least 200 persons eligible for its membership. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport has granted authorization under paragraph (1), he/she shall publicly announce such fact. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-4 (Operating Committees of Mutual Aid Associations)
(1) Each mutual aid association shall have an operating committee to deliberate on and decide the mutual aid service under Article 51-6 and supervise its business.
(2) An operating committee shall be composed of not more than 25 members, who are members of the relevant mutual aid association, experts in the fields of transport services, finance, insurance, accounting, and law, related public officials, and other persons having an interest in trucking transport services: Provided, That the operating committee of a federation that engages in mutual aid services pursuant to Article 51 shall be comprised of not more than 37 persons, including all representatives from each City/Do association. <Amended by Act No. 12258, Jan. 14, 2014>
(3) Necessary matters regarding the organization and operation of operating committees, other than those provided for in this Act, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-5 (Grounds for Disqualification from Membership of Operating Committees)
(1) Any of the following persons shall be disqualified from serving as a member under Article 51-4 (2): <Amended by Act No. 12258, Jan. 14, 2014; Act No. 13382, Jun. 22, 2015>
1. A minor, a person under adult guardianship, or a person under limited guardianship;
2. A person adjudicated bankrupt, but not yet reinstated;
3. A person sentenced to the suspension of imprisonment without labor or heavier punishment for a violation of this Act or any finance-related Act and is still in the period of suspension;
4. A person in whose case three years have not passed yet since imprisonment without labor or heavier punishment, to which he/she was sentenced for a violation of this Act or any finance-related Act, was completely executed (including where he/she is deemed completely executed) or was remitted;
5. A person in whose case three years have not passed yet since a fine or heavier punishment, to which he/she was sentenced in connection with the business of a mutual aid association under this Act, was completely executed (including where he/she is deemed completely executed) or was remitted;
6. A person against whom a request for a disciplinary measure or dismissal from office is pending under Article 51-9 or in whose case three years have not passed yet since he/she was punished by a disciplinary measure or dismissal from office.
(2) Where a member specified in Article 51-4 (2) falls under any subparagraph of paragraph (1), his/her membership shall be forfeited on the date such cause accrues.
(3) The Minister of Land, Infrastructure and Transport may make an inquiry about criminal records of the persons specified in paragraph (1) 3 through 5 to the Commissioner General of the National Police Agency and may provide such criminal records to a mutual aid association. <Newly Inserted Act No. 12258, Jan. 14, 2014>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-6 (Mutual Aid Service)
(1) Mutual aid associations shall operate the following projects:
1. Mutual aid service to cover liability of its members for damage caused by vehicles for business purposes and the liability of its members for cargo damage;
2. Mutual aid service to cover damage caused to vehicles for business purposes by accidents that arise while its members possess, use or manage such vehicles;
3. Mutual aid service to cover trucking employees' bodily injuries caused by accidents that arise while they possess, use or manage its members' vehicles for business purposes;
4. Mutual aid service to cover losses incurred by its employees during the performance of duty;
5. Mutual aid service to establish, operate and manage joint-use facilities and to promote the convenience and welfare of its members;
6. Investigation and research project to improve the management of trucking transport services;
7. Other projects incidental to those listed in subparagraphs 1 through 6, as provided for in its articles of incorporation.
(2) Where a mutual aid association seeks to provide mutual aid services pursuant to paragraph (1) 1 through 4, it shall establish mutual aid regulations and obtain authorization from the Minister of Land, Infrastructure and Transport. The same shall also apply where it is intended to change any authorized matter. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The mutual aid regulations under paragraph (2) shall include guidelines necessary to operate mutual aid services such as the scope of the Mutual aid services, the details of mutual aid contracts and contributions, mutual aid benefits, the liability reserve fund to cover mutual aid benefits, and the appropriation and accumulation of reserves.
(4) Mutual aid associations shall, during each period of settlement, appropriate and accumulate the liability reserve fund and other reserves under paragraph (3) by each type of business.
(5) With respect to the mutual aid services listed in paragraph (1) 1 through 4, the Insurance Business Act (excluding Article 193 of the said Act) shall not apply.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-7 (Order to Submit Reports, etc.)
(1) The Minister of Land, Infrastructure and Transport may take the following measures against mutual aid associations, if deemed necessary: <Amended by Act No. 11690, Mar. 23, 2013>
1. Issuing an order to submit a report on compensation for traffic accident victims' injuries and losses;
2. Issuing an order to submit a report on mutual aid services including the management of mutual aid funds;
3. Instructing public officials under his/her control to inspect the business or accounting of mutual aid associations;
4. Instructing public officials under his/her control to inspect the account books or other documents of mutual aid associations.
(2) In conducting an inspection under paragraph (1), a notice indicating the details and date of and reasons for such inspection shall be given to the relevant mutual aid association not later than seven days before the inspection: Provided, That the same shall not apply to emergencies or where it is deemed that advance notice would lead to the destruction of evidence or otherwise defeat the purpose of the inspection.
(3) Public officials performing the inspection under paragraph (1) shall carry certificates of authority and produce them to the relevant persons, and those who conduct personal visitation shall present a document stating their names, the time and purpose of their visitation, etc. to the relevant persons.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-8 (Order to Improve Mutual Aid Associations' Business)
If deemed that a mutual aid association conducts business inappropriately or is likely to impair the rights and interests of traffic accident victims and its members due to poor asset management, the Minister of Land, Infrastructure and Transport may impose the following measures: <Amended by Act No. 11690, Mar. 23, 2013>
1. Changing the way it conducts business;
2. Changing an institution in which it has deposited its assets;
3. Changing the book value of assets;
4. Holding reserves for unsound assets;
5. Selling off worthless assets.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-9 (Disciplinary Measures, etc. against Executive Officers and Employees of Mutual Aid Associations)
Where an executive officer or employee of a mutual aid association is deemed to be unlikely to operate mutual aid service thereof soundly because he/she falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may request the mutual aid association to dismiss or otherwise take a disciplinary measure against such executive officer or employee or may issue a corrective order: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where he/she conducts his/her business in violation of the mutual aid regulations under Article 51-6 (2);
2. Where he/she fails to comply with an order for improvement under Article 51-8;
3. Where he/she fails to follow the guidelines for financial soundness under Article 51-10.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-10 (Maintenance of Financial Soundness)
(1) Mutual aid associations shall follow the guidelines for financial soundness prescribed by Presidential Decree regarding the following matters so as to ensuring its capacity to cover mutual aid benefits and the soundness of its management:
1. Matters relating to the appropriateness of capital levels;
2. Matters relating to the soundness of assets;
3. Matters relating to ensuring liquidity.
(2) If deemed that a mutual aid association is likely to impair the soundness of its management for failure to follow the guidelines under paragraph (1), the Minister of Land, Infrastructure and Transport may direct the mutual aid association to increase its capital or may take measures against the mutual aid association to restrict the holding of stocks or other high-risk assets, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 51-11 (Relationship to Other Acts)
Except as otherwise provided for in this Act, the provisions of the Civil Act concerning incorporated associations and Section VII of Chapter IV of Part III of the Commercial Act shall apply mutatis mutandis with respect to mutual aid associations.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 52 (Petitions for Mediation of Disputes)
Either party to a dispute over a liability mutual aid agreement or the payment of mutual aid proceeds or any other dispute arising in connection with a liability mutual aid scheme under Article 51 may file a petition for mediation with the committee on mediation of disputes over liability mutual aid schemes under Article 70 of the Passenger Transport Service Act. <Amended by Act No. 8980, Mar. 21, 2008>
 Article 53 Deleted. <by Act No. 10804, Jun. 15, 2011>
 Article 54 (Supervision)
(1) The Minister of Land, Infrastructure and Transport shall guide and supervise associations and federations. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If the Minister of Land, Infrastructure and Transport deems it necessary, he/she may order an association or federation to submit a report on its business affairs (limited to the business affairs of an association or federation under Article 49 or 50; hereafter in this Article the same shall apply) or to take other necessary measures or may authorize his/her subordinate public officials to investigate the present condition of its business or accounting or to inspect books of account and other documents. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12475, Mar. 18, 2014>
(3) Public officials who conduct investigations or inspections pursuant to paragraph (2) shall carry identification indicating their authority to produce it to relevant persons.
CHAPTER VIII OPERATION OF TRUCKS
 Article 55 (Reports on Operation of Trucks for Private Use)
(1) A person who intends to operate a truck specified by Presidential Decree which is not a truck not for any trucking transport business or franchise trucking business, but only for private use (hereinafter referred to as "private-use truck") shall file a report on the matters specified by Ordinance of the Ministry of Land, Infrastructure and Transport with the competent Mayor/Do Governor. The same shall apply to any change in any reported matter. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within ten days from the date a report or a modified report under paragraph (1) is filed. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
(3) If a Mayor/Do Governor fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes relevant to the processing of civil petitions within the period specified in paragraph (2), the report shall be deemed to be accepted on the day immediately following the end of the period. <Newly Inserted by Act No. 14725, Mar. 21, 2017>
 Article 56 (Prohibition on Transportation for Consideration)
No owner or user of a private-use truck may provide or lease it for transportation of cargo for consideration (including expenses required for the operation of the vehicle): Provided, That such truck may be provided or leased for transportation of cargo, subject to permission from the competent Mayor/Do Governor, where there is a reason specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 56-2 (Restriction on or Prohibition of Use of Private-Use Trucks)
(1) A Mayor/Do Governor may restrict or prohibit the use of a private-use truck for a period not exceeding six months if the owner or user thereof falls under any of the following:
1. Where he/she runs a trucking transport business using such private-use truck;
2. Where he/she provides or leases such private-use truck commercially for transport purposes without obtaining permission under the proviso to Article 56.
(2) If a Mayor/Do Governor prohibits the use of a private-use truck pursuant to paragraph (1), Article 20 shall apply mutatis mutandis.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 57 (Conditions for Replenishment of Trucks)
(1) The age of trucks replenished for the registration of a new trucking transport business or franchise trucking business, or the expansion of a fleet of trucks, or replacement for a retired vehicle (referring to replacement of a vehicle with another vehicle at the expiration of the former vehicle's useful life) shall not exceed the age specified by Presidential Decree within three years: Provided, That different conditions for replenishing vehicles may be attached to the vehicles specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Necessary matters regarding the vehicles to be replaced under paragraph (1) and the deadline, procedures, methods, etc. for such replacement shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
CHAPTER IX SUPPLEMENTARY PROVISIONS
 Article 58 (Prohibition on Seizure)
No vehicles conveyed to a trucking business operator under a contract made under Article 40 (3) for investment in kind, money paid, and goods delivered under Article 43 (2), nor any right to claim the payment of such money and the delivery of such goods, shall be subject to seizure: Provided, That the foregoing shall not apply where a vehicle is seized on the ground of the failure to pay a tax, fine, or administrative fine levied on a vehicle conveyed for investment in kind. <Amended by Act No. 12707, May 28, 2014>
 Article 59 (Education, etc. of Trucking Employees)
(1) If a Mayor/Do Governor deems it necessary for improving trucking services provided by trucking employees, he/she may implement training courses for trucking employees, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11933, Jul. 16, 2013>
(2) If necessary for efficiently conducting training courses under paragraph (1), a Mayor/Do Governor may establish and operate a training institute for trucking employees, or designate an institute for such purpose, as prescribed by municipal ordinance of the competent City/Do, and may also subsidize expenses incurred in operating the training institute for trucking employees.
 Article 60 (Guidance for and Supervision over Trucking Transport Services)
The Minister of Land, Infrastructure and Transport shall provide guidance for and supervision over the administrative affairs specified as those under control of the competent Mayor/Do Governor by this Act to promote the rational development of trucking transport services. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 60-2 (Payment, etc. of Monetary Rewards for Reporting)
(1) A Mayor/Do Governor may pay a monetary reward to any person who has reported or informed any of the following persons to the Mayor/Do Governor or an investigative agency, as prescribed by Presidential Decree: <Amended by Act No. 13812, Jan. 19, 2016>
1. A person who has provided or leased a private-use truck commercially for transport purposes, in violation of Article 56;
1-2. A trucking business operator or truck driver who gives and receives illegal money with a motor vehicle management business operator in connection with a vehicle in trouble or of accident in violation of Article 11 (4) or 12 (1) 4;
2. A person who has violated Article 11-2 (3), the main sentence of Article 26 (1), or Article 26 (2);
3. A person who has been granted a subsidy under Article 43 (2) by fraud or other wrongful means.
(2) Funds required to pay the monetary rewards under paragraph (1) shall be satisfied by the relevant City/Do or Si/Gun/Gu from its own financial resources.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
 Article 61 (Reporting and Inspections)
(1) In any of the following cases, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may require a trucking service provider or the owner or user of a truck to submit a report on his/her business or the ownership or use of the truck, or to submit relevant documents, and if deemed necessary, he/she may assign public officials under his/her control to enter a trucking service provider's place of business to inspect books of account, documents, and other articles or inquire regarding the people concerned: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14725, Mar. 21, 2017>
1. Where it is necessary to ensure that he/she meets the criteria for the permit under Article 3 (7), 24 (6), or 29 (3);
2. Where it is necessary to investigate an act causing disturbance to orderly transportation of cargo;
3. Where it is necessary to ascertain an offense committed by the trucking service provider and to make an administrative disposition accordingly against the trucking service provider, such as revocation of the relevant permit.
(2) Public officials who have access to a place of business or conduct an inspection pursuant to paragraph (1) shall carry identification indicating their authority with them to produce it to people concerned, and shall deliver to the people concerned, a document stating their names, the agency to which they belong, the purpose, date and time of access, and other relevant matters or make an entry in the relevant record book, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 62 (Request for Informative Data)
The Minister of Land, Infrastructure and Transport may request the Commissioner General of the National Police Agency to furnish informative data required for confirming the qualification of an applicant for a qualifications examination under Article 8 (1) 3 and the qualification of an participant in theoretical and practical training and education pursuant to subparagraph 4 of the same paragraph, and the revocation or suspension of qualifications as truck drivers under Article 23 so as to efficiently conduct the management of the qualifications as truck drivers. <Amended by Act No. 11481, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
 Article 63 (Delegation of Authority)
(1) The Minister of Land, Infrastructure and Transport may partially delegate the authority conferred upon him/her by this Act to each Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Any Mayor/Do Governor may partially re-delegate the authority delegated to him/her by the Minister of Land, Infrastructure and Transport pursuant to paragraph (1) to the head of each Si/Gun/Gu, subject to approval by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any Mayor/Do Governor may partially delegate the authority conferred upon him/her by this Act to the head of each Si/Gun/Gu, as prescribed by municipal ordinance of the competent City/Do.
 Article 64 (Entrustment of Authority)
(1) The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may partially entrust an association, a federation, the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, or a specialized inspection institution specified by Presidential Decree with the authority conferred upon him/her by this Act, as prescribed by Presidential Decree or municipal ordinance of the competent City/Do. In such cases, a Mayor/Do Governor who intends to entrust business affairs under his/her control shall obtain prior approval by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11064, Sep. 16, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14939, Oct. 24, 2017>
(2) Executive officers and employees of an association, a federation, the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, or a specialized inspection institution that conducts business affairs entrusted pursuant to paragraph (1) shall be deemed public officials for the purpose of a penal provision relevant to any provision of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 11064, Sep. 16, 2011; Act No. 14939, Oct. 24, 2017>
 Article 65 (Fees)
(1) A person who files an application for a permission, authorization, etc. or a report in accordance with this Act shall pay fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and municipal ordinance of the competent local government: Provided, That, where the authority for a certain affair has been entrusted pursuant to Article 64 (1), fees shall be paid to the entrusted institution at the rates determined by the relevant entrusted institution. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Fee rates under the proviso to paragraph (1) shall be determined autonomously by entrusted institutions by types of entrusted business affairs in accordance with the guidelines determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
 Article 65-2 (Review of Regulations)
The Minister of Land, Infrastructure and Transport shall take measures for improvement, etc. after reviewing the appropriateness of the following matters every third year based on January 1, 2014 (referring to a date before every third anniversary of the base date): <Amended by Act No. 14725, Mar. 21, 2017>
1. Permission, amendment permission, and guidelines for trucking transport business under Article 3 (1), (3), and (7);
2. Qualifications for truck drivers of trucking transport business under Article 8;
3. Improvement order on transport business operators under Article 13 (including where it applies mutatis mutandis to freight forwarders under Article 28);
4. Permission and criteria for permitting freight forwarder business under Article 24 (1) through (6);
5. Permission, amendment permission, and criteria for franchise trucking business under Article 29 (1) through (3);
6. Improvement order on trucking franchisors under Article 31;
7. Conditions for replenishments of trucks under Article 57.
[This Article Newly Inserted by Act No. 12997, Jan. 6, 2015]
CHAPTER X PENAL PROVISIONS
 Article 66 (Penalty Provisions)
Any person who has violated Article 14 (3) (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 33) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding ten million won. <Amended by Act No. 11804, May 22, 2013>
 Article 67 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 12707, May 28, 2014; Act No. 13382, Jun. 22, 2015; Act No. 13694, Dec. 29, 2015; Act No. 14725, Mar. 21, 2017>
1. Any person who runs a trucking transport business without a permission under Article 3 (1) or (3) or with a permission obtained by a fraud or other improper means;
2. A trucking business operator who gives or receives money or goods unjustly to or from a motor vehicle management business operator, in violation of Article 11 (4) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
3. A trucking employee who gives or receives money or goods unjustly to or from a motor vehicle management business operator, in violation of Article 12 (1) 4 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
3-2. A person who transfers his/her business in violation of Article 16 (9);
4. A person who operates a freight forwarding business without a permission under Article 24 (1) or with a permit obtained by a fraud or other improper means;
5. A person who breaches the duty to prevent another person from using his/her name under Article 25 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
6. A person who operates a franchise trucking business without a permission under Article 29 (1) or (2) or with a permission obtained by a fraud or other improper means;
6-2. A person who changes or deletes information of the system to manage the actual results of cargo transport under Article 47-4, or makes it unusable by other means, or who searches or copies the information without authority or uses it by other means;
6-3. A person who provides or divulges the materials to manage the actual results of cargo transport acquired related to his/her duties to others in violation of Article 47-5, or who uses it for other than its intended purpose;
7. A person who provides or leases a truck for private use to another person, in return for a charge, for the transportation of cargoes, in violation of Article 56.
 Article 68 Deleted. <by Act No. 12707, May 28, 2014>
 Article 69 (Joint Penalty Provisions)
(1) If the representative, an agent, or employee of, or a person employed by a legal entity commits an offense under Article 67 in the course of the business of the legal entity, not only shall such offender be punished accordingly, but the legal entity also shall be punished by the fine prescribed in the relevant Article: Provided, That the same shall not be applicable if the legal entity has exercised reasonable care in supervision over relevant business affairs to prevent such offense.
(2) If an agent, or employee of or a person employed by a private individual commits any offense under Article 67 in the course of the business of the private individual, not only shall such offender be punished accordingly, but the private individual also shall be punished by the fine prescribed in the relevant Article: Provided, That the same shall not be applicable if the private individual has exercised reasonable care in supervision over relevant business affairs to prevent such offense.
 Article 70 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Newly Inserted by Act No. 10804, Jun. 15, 2011>
1. Any person who fails to comply with an improvement order under Article 51-8 (including where the aforementioned provisions shall apply mutatis mutandis under Article 51 (2));
2. Any person who fails to comply with a request for a disciplinary measure against or dismissal of an executive officer or employee or with a corrective order under Article 51-9 (including where the aforementioned provisions shall apply mutatis mutandis under Article 51 (2)).
(2) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11064, Sep. 16, 2011; Act No. 11804, May 22, 2013; Act No. 12475, Mar. 18, 2014; Act No. 13382, Jun. 22, 2015; Act No. 13694, Dec. 29, 2015>
1. Any person who fails to file a report on a change in permitted matters in accordance with the proviso to Article 3 (3);
2. Any person who fails to file a report on freight rates and charges in accordance with Article 5 (1) (including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 33);
3. Any person who fails to file a report on a standard-form contract in accordance with Article 6 (including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
3-2. Any person who engages in a trucking transport service as a truck driver without a truck driver’s qualification certificate;
3-3. Any person who acquires the qualification as a truck driver by a fraud or other improper means;
4. Any person who violates Article 10;
4-2. Any person who violates Article 10-2 (4) by failing to provide records or providing false records;
5. A trucking business operator who breaches an obligation under Article 11 (excluding paragraphs (3) and (4) of the aforementioned Article, but including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
6. Any trucking employee who breaches an obligation under Article 12 (excluding paragraph (1) 4 of the aforementioned Article, but including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
7. Any person who fails to obey an improvement order under Article 13 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28);
7-2. and 7-3. Deleted; <by Act No. 13374, Jun. 22, 2015>
8. Any person who fails to file a report on transfer, acquisition, merger, or inheritance in accordance with Article 16 (1) or (2), or 17 (1) (including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
9. Any person who fails to file a report on temporary or permanent closure of business in accordance with Article 18 (1) (including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
10. Any person who fails to return a motor vehicle registration certificate or motor vehicle number plate in violation of Article 20 (1) (including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 33);
11. Any person who fails to file a report on a change in permitted matters in accordance with Article 24 (2);
12. Any freight forwarder who breaches an obligation under Article 26 (1), (2), and (4) through (6);
12-2. Any international logistics mediation business operator who breaches the freight forwarders' obligations under Article 26-2;
13. Any person who fails to file a report on a change in permitted matters in accordance with the proviso to Article 29 (2);
14. Any person who fails to comply with an improvement order under Article 31;
15. Any person who fails to buy cargo liability insurance, etc. under Article 35;
16. Any insurance company, etc. that rejects a request to execute cargo liability insurance contract, etc. in violation of Article 36;
17. Any mandatory insurance policyholder or an insurance company, etc. that cancels or terminates an insurance policy, etc. in violation of Article 37;
18. Any insurance company, etc. that fails to notify relevant facts in violation of Article 38 (1) or (2);
18-2. Any transport business operator who fails to deliver a written contract signed and sealed in accordance with Article 40 (4);
18-3. Any transport business operator who requests payment of unfair money on the pretext of concluding an entrustment contract in violation of Article 40-3 (4);
19. Any person who receives subsidies or loan in violation of Article 44 (1) or who spends such subsidy or loan for any purpose other than the originally intended purpose;
20. and 21. Deleted; <by Act No. 13382, Jun 22, 2015>
21-2. Any person who rejects a request to submit materials for evaluation of cargo transport services under Article 47-6 or actual investigation, or falsely submits materials;
22. Any person who fails to obey an order to take a measure in accordance with Article 54 (2) or who refuses, interferes with, or avoids an examination or inspection;
23. Any person who fails to file a report on operating a private-use truck in accordance with Article 55;
23-2. Any person who breaches an order to restrict or prohibit the use of a private-use truck under Article 56-2;
24. Any person who fails to submit a report in accordance with Article 61 (1) or who submits a false report;
25. Any person who fails to submit documents in accordance with Article 61 (1) or who submits a false document;
26. Any person who refuses, interferes with, or evades an inspection under Article 61 (1).
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(4) and (5) Deleted. <by Act No. 10804, Jun. 15, 2011>
 Article 71 (Special Cases concerning Application of Provisions on Administrative Fines)
Where the provisions on administrative fines prescribed in Article 70 otherwise apply, no administrative fine shall be imposed upon a person on the ground of an act for which a permission or qualification is revoked, business operations or qualification is suspended, or an order is issued to reduce the number of trucks under Article 19 (1), 23 (1), 27 (1), or 32 (1) or for which a penalty surcharge has been imposed under Article 21 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33). <Amended by Act No. 12475, Mar. 18, 2014>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of Article 5 shall be effective until December 31, 2009.
Article 3 (General Transitional Measures concerning Dispositions)
Actions taken by or in relation to an administrative agency pursuant to any former provision as at the time this Act enters into force shall be deemed actions taken by or in relation to an administrative agency pursuant to the corresponding provisions of this Act.
Article 4 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying penalty provisions or provisions on administrative fines, offences committed before this Act enters into force shall be governed by the former provisions.
Article 5 Omitted.
Article 6 (Relations to Other Statutes)
A citation of the former Trucking Transport Business Act or of any provision thereof by any other statutes in force as at the time this Act enters into force shall be deemed a citation of this Act or of the corresponding provisions hereof in lieu of the former provisions, if such corresponding provision exists herein.
ADDENDA <Act No. 8980, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 14, 2008.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10804, Jun. 15, 2011>
Article 1 (Enforcement Date)
(1) This Act shall enter into force six months after the date of its promulgation.
(2) The amended provisions of Article 56-2 shall enter into force one year after the date of its promulgation, the amended provisions of Articles 11 (7), 11-2, 11-3 and 47-2 on January 1, 2013, and the amended provisions of Articles 19 (1) 7-2, 7-3, 12-2 and 12-3, 27 (1) 7-2 and 8-2, 32 (1) 9-2 and 13-2 on January 1, 2015.
Article 2 (Effective Period)
The amended provisions of Article 5-2 shall be effective until December 31, 2012.
Article 3 (Applicability)
The amended provisions of Articles 44-2 (1) and 56-2 (1) shall apply to trucking business operators, etc. and the owners and users of private-use trucks who do any act falling under any of the subparagraphs of Articles 44-2 (1) and 56-2 (1) on or after the date this Act enters into force.
Article 4 (Transitional Measures concerning Plan for Expansion of Truck Stops)
Any plan for expansion of truck stops established by the Minister of Land, Transport and Maritime Affairs and in operation before this Act enters into force shall be deemed to be established in accordance with the amended provisions of Article 46-2.
Article 5 Omitted.
ADDENDA <Act No. 11064, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on December 16, 2011.
Article 2 (Special Cases concerning Permission for Trucking Transport Business)
Notwithstanding the provisions of Article 3 (5) 1, if a person entrusted with a trucking transport business based on a title trust agreement on trucks, intends to continue the trucking transport business using the relevant trucks after cancelling such title trust agreement and contract for entrustment, as of January 20, 2004, in accordance with Article 3 (2) of the Addenda to the amended Trucking Transport Business Act, Act No. 7100, he/she may file an application for permission with the Minister of Land, Transport and Maritime Affairs, who in turn may grant such permission to the applicant.
Article 3 (Transitional Measures concerning Penalties and Administrative Fines)
In application of penalties and administrative fines to any offenses committed before this Act enters into force, the previous provisions shall prevail.
ADDENDA <Act No. 11481, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 9 of Articles 2, 43 (2) and (3), 44-2 (1) and (2), and 48 (1) shall enter into force on July 1, 2012.
Article 2 (Applicability to Grounds for Disqualification as Truck Drivers)
The amended provisions of subparagraph 3 of Article 9 shall begin applying to the first person who applies for the qualification for a truck driver after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11804, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Freight rates and charges reported pursuant to Article 5-2 of the partially amended Trucking Transport Business Act (Act No. 10804) as at the time this Act enters into force shall be deemed freight rates and charges reported pursuant to the amended provisions of Article 5.
Article 3 Omitted.
ADDENDUM <Act No. 11933, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12258, Jan. 14, 2014>
This Act shall enter into on the date of its promulgation.
ADDENDA <Act No. 12475, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualifications from Working as Truck Drivers)
The amended provisions of subparagraph 2 of Article 9 shall apply to persons whose qualification for working as a truck driver revoked under the amended provisions of subparagraph 9 of Article 23 after this Act enters into force.
Article 3 (Applicability to Permission for Trucking Transport Business and Revocation of Qualification as Truck Drivers)
The amended provisions of Article 19 (1) 13 or 23 (1) 9 shall apply where a sentence of imprisonment without prison labor or heavier punishment imposed upon a person for filing a fraudulent or wrongful insurance claim in connection with a traffic accident that occurs after this Act enters into force becomes final and conclusive.
Article 4 (Applicability to Petitions for Adjudication)
The amended provisions of Article 46 (3) or 46-5 (3) shall apply where a Mayor/Do Governor, the head of a Si/Gun/Gu, or a project operator files a petition for adjudication after this Act enters into force.
Article 5 (Applicability to Implementation of Projects for Construction of Truck Stops)
The amended provisions of Article 46 (3) shall apply where an application for approval of a construction plan or a modification to a construction plan is filed with the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor after this Act enters into force.
Article 6 (Applicability to Special Cases concerning Administrative Fines)
The amended provisions of Article 71 shall begin applying from where a permit or qualification is first revoked, business operations or qualification is first suspended, or the first order is issued to reduce the number of trucks under the amended provisions of Article 19 (1), 23 (1), 27 (1), or 32 (1) after this Act enters into force.
Article 7 (Transitional Measure concerning Establishment of Business Offices)
The business offices established by a trucking business operator, freight forwarder, or a trucking business franchisor with permission from the Minister of Land, Infrastructure and Transport before this Act enters into force are deemed business offices established with permission under the amended provisions of Article 3 (8), 24 (6), or 29 (5).
Article 8 (Transitional Measure concerning Guidelines for Administrative Dispositions)
Notwithstanding the amended provisions of Articles 19 (1) 11 and 32 (1) 12, former provisions shall apply to administrative dispositions against violations committed before this Act enters into force.
ADDENDA <Act No. 12707, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Entrustment Contracts Transferred or Acquired for Trucking Transport Business)
The amended provisions of Article 16 (6) shall apply, starting from the first report under Article 16 (1) or (2) filed after this Act enters into force.
Article 3 (Applicability to Use of Standard Entrust Contract Form and Term of Entrustment Contracts)
The amended provisions of Article 40 (4) and (5) shall begin applying from the first entrustment contract concluded or renewed after this Act enters into force.
Article 4 (Transitional Measure concerning Renewal or Termination of Entrustment Contracts)
The amended provisions of Article 40-2 (1) or 40-3 (1) shall apply, starting from where the first relevant cause or event occurs after this Act enters into force.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12997, Jan. 6, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13374, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13382, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation: Provided, That the amended provisions of Article 11, 11-3, 26, 26-2, 27, 28, 32, 33, 40-5, 43, 44-2, 46, 46-5, 47, and 70 (2) 20 and 21 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning on Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 4 and Article 51-5 (1) 1, the former provisions shall apply to a person who maintains the effect of sentence on an incompetent or quasi-incompetent person under Article 2 of Addenda to the partially amended Civil Act (Act No. 10429).
ADDENDUM <Act No. 13694, Dec. 29, 2015>
This Act shall enter into on the date of its promulgation: Provided, That the amended provisions of Article 3 (7), 11 (18) and (19), 27 (1) 7, the former part of Article 28, Article 47-6 and 70 (2) 21-2 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13812, Jan. 19, 2016>
This Act shall enter into on the date of its promulgation.
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That among Acts amended under Article 6 of the Addenda, amendments to Acts which have been promulgated but the enforcement date of which have yet to arrive shall enter into force on the respective enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14552, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification from Working as Truck Driver)
(1) The amended provisions of subparagraphs 3 and 4 of Article 9 shall begin to apply to the persons who intends to obtain qualification for a truck driver after this Act enters into force.
(2) The amended provisions of subparagraph 3 (a) of Article 9 shall begin to apply where a driver license is first revoked under any subparagraph of Article 93 (1) 1 through 4 of the Road Traffic Act after this Act enters into force.
(3) The amended provisions of subparagraph 3 (b) of Article 9 shall begin to apply where a person is first sentenced to a fine or any heavier punishment for a violation of Article 43 of the Road Traffic Act or his/her driver license is first revoked under Article 93 (1) 19 of the said Act after this Act enters into force.
(4) The amended provisions of subparagraph 3 (c) of Article 9 shall begin to apply where a person’s driver license is first revoked under Article 93 (1) 10 of the Road Traffic Act for a traffic accident caused intentionally or negligently by him/her while operating a vehicle after this Act enters into force.
(5) The amended provisions of subparagraph 4 of Article 9 shall begin to apply where a person’s driver license is first revoked under Article 93 (1) 5 or 5-2 of the Road Traffic Act after this Act enters into force.
ADDENDA <Act No. 14725, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reporting, etc. of Changes in Permission for Trucking Transport Business Operators)
The amended provisions of Articles 3 (4) and (5), 5 (3) and (4), 6 (2) and (3), 16 (3) and (4), 17 (2) and (3), 24 (3) and (4), 29 (6) and (7), and 55 (2) and (3) shall apply where an application for a permission or an amendment permission or a report or a modified report is filed after this Act enters into force.
Article 3 Omitted.
ADDENDUM <Act No. 14873, Aug. 9, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month on January 1, 2018.
Articles 2 through 3 Omitted.