CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the requirements for constituting violations of public order and concerning the imposition and collection of, and trials on, administrative fines with a view to ensuring efficiency in the performance of legal duties and protecting the rights and interests of citizens.
The definitions of terms used in this Act shall be as follows:
| 1. | The term "violation of public order" means any act that is subject to the imposition of an administrative fine for a violation of a duty assigned by any Act (including municipal ordinances of local governments; hereinafter the same shall apply): Provided, That it shall not include any of the following acts: |
| (a) | An act that is subject to the imposition of an administrative fine for a violation of a duty described in any private law or code of legal procedure prescribed by Presidential Decree; |
| (b) | An act that is subject to the imposition of an administrative fine by reason of constituting a cause for disciplinary action pursuant to any Act prescribed by Presidential Decree; |
| 2. | The term "administrative agency" means any agency of the State or a local government that is authorized to make and express administrative decisions, or any public organization or its agency or any private individual with administrative authority or administrative authority delegated or consigned pursuant to statutes, municipal ordinances or rules of local governments; |
| 3. | The term "party" means any natural person or legal entity (including any association or foundation that is not a body corporate but has a representative or manager; hereinafter the same shall apply) that has committed a violation of public order. |
| Article 3 (Temporal Scope of Applicable Act) |
| (1) | The punishability of a violation of public order and the disposition of an administrative fine therefor shall be determined by Act in effect at the time of commission of that violation. |
| (2) | When an Act is amended after the commission of a violation of public order, and thereby such violation no longer constitutes a violation of public order under the new Act, or the administrative fine therefor under the new Act becomes less severe than under the previous Act, the new Act shall apply unless otherwise provided in other Acts. |
| (3) | When an Act is amended after the disposition of an administrative fine by an administrative agency or the sentence of an administrative fine by a court has become final and thereby such violation no longer constitutes a violation of public order under the new Act, the collection or enforcement of such an administrative fine shall be remitted unless the new Act otherwise prescribes. |
| Article 4 (Spatial Scope of Applicable Act) |
| (1) | This Act shall apply to any person who commits a violation of public order in the territory of the Republic of Korea. |
| (2) | This Act shall apply to any Korean national who commits a violation of public order outside the territory of the Republic of Korea. |
| (3) | This Act shall apply to any alien who commits a violation of public order onboard a Korean vessel or aircraft outside the territory of the Republic of Korea. |
| Article 5 (Relationship to Other Acts) |
If the provisions of any other Act governing procedures for the imposition, collection and execution of and trials on administrative fines conflict with those of this Act, this Act shall prevail.
CHAPTER II PUNISHABILITY, ETC. OF VIOLATIONS OF PUBLIC ORDER
| Article 6 (Principle of Act-Based Regulation of Violations of Public Order) |
Except in compliance with the provisions of Acts, no act shall be subject to the imposition of an administrative fine on the ground of a violation of public order.
| Article 7 (Intent or Negligence) |
No violation of public order committed without intent or negligence, shall be subject to the imposition of an administrative fine.
| Article 8 (Mistake of Law) |
When a person commits a violation of public order not knowing that his/her act is illegal, he/she shall not be punished by an administrative fine if the misunderstanding is based on reasonable grounds.
| Article 9 (Age of Liability) |
No violation of public order, which is committed by a minor under 14 years of age, shall be subject to the imposition of an administrative fine: Provided, That the same shall not apply if otherwise provided by any other Act.
| Article 10 (Mental Disorders) |
| (1) | No violation of public order committed by a person who, because of a mental disorder, is unable to discern right from wrong or to control his/her will, shall be subject to the imposition of an administrative fine. |
| (2) | For a violation of public order committed by a person who, because of a mental disorder, is deficient in the abilities mentioned in paragraph (1), the administrative fine shall be mitigated. |
| (3) | The provisions of paragraphs (1) and (2) shall not apply to a violation of public order committed by a person who has intentionally induced his/her mental disorder. |
| Article 11 (Application to Legal Entities, etc.) |
| (1) | If the representative of a legal entity, or an agent, an employee or any other person employed by a legal entity or an individual has, in connection with his/her business, commits a violation of a legal duty assigned to the legal entity or individual, an administrative fine shall be imposed on the legal entity or individual. |
| Article 12 (Joint Violation of Public Order) |
| (1) | When two or more persons have jointly committed a violation of public order, each of them shall be deemed to have committed the violation of public order. |
| (2) | Any person who collaborates in the commission of a violation of public order in which one’s status is an element shall be punishable on the grounds of the violation of public order even though that person lacks such status. |
| (3) | When the decision of whether or not to impose an administrative fine or the severity thereof varies with the violator’s status, the effect of the status shall not extend to that person who lacks such status. |
| Article 13 (Handling of Compound Violations of Public Order) |
| (1) | When a single act constitutes two or more violations of public order, the administrative fine provided for the most severe of such violations shall be imposed. |
| (2) | Except in the case described in paragraph (1), two or more concurrent violations of public order shall be subject to an administrative fine provided for each of such violations: where otherwise provided for in other statutes (including municipal ordinances of local governments; hereinafter the same shall apply), such statutes shall prevail. |
| Article 14 (Calculation of Administrative Fines) |
Administrative agencies and courts shall take into consideration the following matters in determining administrative fines:
| 1. | Motives, purposes, methods and results of violations of public order; |
| 2. | Attitudes and circumstances of parties after committing violations of public order; |
| 3. | Age, financial conditions and environment of those who have committed violations of public order; |
| 4. | Other matters deemed necessary to calculate administrative fines. |
| Article 15 (Prescription of Right to Collect Administrative Fines) |
| (1) | The right to collect an administrative fine shall be extinguished by prescription if not collected or executed within a period of five years after the disposition of an administrative agency or the trial of a court thereon becomes final. |
CHAPTER III IMPOSITION AND COLLECTION OF ADMINISTRATIVE FINES BY ADMINISTRATIVE AGENCIES
| Article 16 (Prior Notification, Presentation of Opinions, etc.) |
| (1) | Where an administrative agency seeks to impose an administrative fine for a violation of public order, it shall give prior notice to the party (including employers, etc. provided for in Article 11 (2); hereinafter the same shall apply) concerned of the matters prescribed by Presidential Decree and provide him/her with an opportunity to present his/her opinion within a fixed period of not less than ten days. In such cases, if no opinion is presented within the fixed period, he/she shall be deemed to have no opinion. |
| (2) | The party may make a statement of opinion or submit necessary materials to the relevant administrative agency within the deadline for presenting his/her opinion, in accordance with the methods prescribed by Presidential Decree. |
| (3) | The administrative agency may, when deemed that the opinion presented by the party pursuant to paragraph (2) is reasonable, exempt him/her from the administrative fine or alter the matters notified. |
| Article 17 (Imposition of Administrative Fines) |
| (1) | In imposing administrative fines, an administrative agency shall do so in writing (this includes electronic documents if the parties concerned agree; hereafter the same shall apply in this Article) after completing the procedures for presentation of opinions under Article 16. <Amended by Act No. 10544, Apr. 5, 2011> |
| (2) | The document under paragraph (1) shall specify the violation of public order, the amount of the administrative fine and other matters prescribed by Presidential Decree. |
| (3) | Deleted. <by Act No. 14280, Dec. 2, 2016> |
| Article 17-2 (Payment of Administrative Fines by Credit Card, etc.) |
| (1) | The party concerned may pay administrative fines, additional dues, aggravated additional dues, and expenses for disposition on default provided for in Article 24, with a credit card, debit card, etc. (hereinafter referred to as “credit card, etc.”) via an agency, prescribed by Presidential Decree, for payment of administrative fines. |
| (2) | The agency for payment of administrative fines may receive fees from any payer in return for its service of paying administrative fines with a credit card, etc. on behalf of the payer. |
| (3) | Where payment is made with a credit card, etc. under paragraph (1), the payment date shall be considered the approval date of the agency for payment of administrative fines. |
| (4) | Matters regarding designation and operation of the agency for payment of administrative fines and matters regarding fees for payment services shall be prescribed by President Decree. |
[This Article Newly Inserted by Act No. 14280, Dec. 2, 2016]
| Article 18 (Reduction of Administrative Fines for Voluntary Payers) |
| (1) | An administrative agency may reduce an administrative fine, as prescribed by Presidential Decree when the party concerned intends to voluntarily pay the administrative fine within the deadline for presenting his/her opinion pursuant to Article 16. |
| (2) | When the party concerned pays the administrative fine reduced pursuant to paragraph (1), the procedures for the imposition and collection of the administrative fine with respect to the violation of public order shall be completed. |
| Article 19 (Statutory Period for Imposition of Administrative Fines) |
| (1) | No administrative agency may impose any administrative fine against a violation of public order if five years have passed since the date on which the violation of public order ceased (referring to the date on which, if several persons have jointly committed such violation, the final act of violation was done). |
| (2) | Notwithstanding the provisions of paragraph (1), if a decision is made by a court pursuant to Article 36 or 44, the administrative agency may correct the amount of the administrative fine imposed or take other necessary measures in compliance with such decision before one year passes from the date on which the decision becomes final. |
| Article 20 (Raising Objections) |
| (1) | Any party who is dissatisfied with a disposition taken by an administrative agency to impose an administrative fine may raise an objection in writing to the administrative agency within 60 days from the date on which he/she is notified of the imposition of the administrative fine under Article 17 (1). |
| (2) | Where an objection is raised pursuant to paragraph (1), the disposition taken by the administrative agency to impose the administrative fine shall cease to have effect. |
| (3) | A party may withdraw his/her objection in writing to the administrative agency before receiving a notification under Article 21 (3) from the administrative agency. |
| Article 21 (Notification to Court) |
| (1) | Any administrative agency that receives an objection under Article 20 (1) shall notify the competent court thereof, along with its opinion thereon and documentary evidence, within 14 days of receipt of the objection: Provided, That the same shall not apply in any of the following cases: |
| 1. | Where the party concerned withdraws his/her objection; |
| 2. | Where it is deemed inappropriate to impose the administrative fine because the objection raised by the party is well-grounded. |
| (2) | Where there is a need to impose an administrative fine on several persons on the same factual or legal ground, the administrative agency may notify a court having jurisdiction over one of them of the fact that an objection is raised under paragraph (1). |
| (3) | The administrative agency shall promptly inform the parties concerned as to whether or not notification is made to the competent court pursuant to paragraphs (1) and (2). |
| Article 22 (Investigation into Violations of Public Order) |
| (1) | An administrative agency may take the following measures as prescribed by Presidential Decree when it is reasonably deemed necessary to investigate a violation of public order: |
| 1. | Demanding the attendance of a party or witness to hear his/her statements; |
| 2. | Ordering the party to make a report or submit materials. |
| (2) | Where it is deemed necessary to investigate a violation of public order by reason of a reasonable doubt of the occurrence of such violation, an administrative agency may have an employee under its control enter the office or place of business of the party concerned to inspect books, documents or other articles. |
| (3) | The employee of the administrative agency who intends to conduct the inspection under paragraph (2) shall notify the party concerned of the items of and reasons for the inspection and other matters prescribed by Presidential Decree by not later than seven days before the commencement of the inspection: Provided, That the same shall not apply in case of emergency or where deemed that prior notification is likely to make it impossible to attain the purposes of the inspection because of anticipated destruction of evidence. |
| (4) | Employees conducting inspections pursuant to paragraph (2) shall carry a certificate indicating his/her authority and show it to the person concerned. |
| (5) | The measures or inspection pursuant to paragraphs (1) and (2) shall be taken or made within the minimum scope necessary to achieve the objectives thereof. |
| Article 23 (Requests for Provision of Materials) |
An administrative agency may, when necessary to impose and collect an administrative fine, request the head of the relevant administrative agency, local government, or public institution prescribed by Presidential Decree (hereinafter referred to as "public institution, etc.") to provide materials or information after explaining its necessity, and the head of the public institution, etc. so requested shall comply with such request, except in extenuating circumstances.
| Article 24 (Collection of Additional Dues, Dispositions on Default, etc.) |
| (1) | If a party fails to pay an administrative fine within the deadline for the payment thereof, the administrative agency concerned shall collect additional dues from the party at the rate of 3/100 of the amount in default from the day following the deadline for payment. <Amended by Act No. 14280, Dec. 2, 2016> |
| (2) | If an administrative fine in arrears is not paid, other additional dues (hereafter referred to as "aggravated additional dues" in this Article) shall be collected at the rate of 12/1,000 of the amount in default per month after the deadline for payment, in addition to the additional dues as provided for in paragraph (1). In such cases, the period for which the aggravated additional dues are collected shall not exceed 60 months. |
| (3) | Where the party fails to pay additional dues under paragraph (1) without raising any objection within the period referred to in Article 20 (1), the administrative agency shall collect them according to the examples of disposition on national or local taxes in arrears. |
| (4) | Deleted. <by Act No. 15979, Dec. 18, 2018> |
| Article 24-2 (Execution against Inherited Property, etc.) |
| (1) | Where the party concerned deceases after the expiration of the period specified in Article 20 (1) without raising any objection to the disposition of an administrative fine, the administrative fine may be assessed against the inherited property. |
| (2) | Where a corporation is extinguished by a merger or consolidation after the expiration of the period specified in Article 20 (1) without raising any objection to the disposition of an administrative fine, the administrative fine on such a corporation may be assessed against the corporation surviving the merger or resulting from consolidation. |
[This Article Newly Inserted by Act No. 10544, Apr. 5, 2011]
| Article 24-3 (Deferment of Collection of Administrative Fines, etc.) |
| (1) | An administrative agency may determine on allowing payment of administrative fines in installments or deferring payment deadline (hereinafter referred to as “deferment of collection, etc.”) within a period set by Presidential Decree, not exceeding one year, in the following cases where the party concerned is deemed not able to pay administrative fines (including unpaid administrative fines, additional dues, aggravated additional dues, and expenses for disposition on default; hereafter the same shall apply in this Article): |
| (c) | A person participating in a self-support project; |
| 4. | A person solely responsible for supporting his/her family; |
| 5. | A person who suffered damage from an unexpected disaster; |
| 6. | Where at least one-month treatment is required for the person obliged to pay or a member of his/her family living with him/her, due to a disease or a serious injury; |
| 9. | Other cases equivalent to subparagraphs 1 through 8 above, recognized by Presidential Decree as extenuating circumstances. |
| (2) | Any party who intends to have the deferment of collection, etc. under paragraph (1) may apply to an administrative agency as prescribed by Presidential Decree. |
| (3) | Where allowing deferment of collection, etc. under paragraph (1), the administrative agency may require collateral equivalent to the amount deferred, require change of any collateral provided, or may issue any order necessary for preserving collateral. |
| (4) | While the collection, etc. is deferred under paragraph (1), the deferred amount of administrative fines shall be exempt from any additional dues, aggravated additional dues, and disposition on default (excluding demand for delivery). |
| (5) | An administrative agency may cancel the deferment of collection, etc. in any of the following cases and collect the deferred amount of administrative fines all at once. In such cases, the party concerned shall be notified of such fact: |
| 1. | Where the administrative fines were not paid by the assigned deadline; |
| 2. | Where orders issued by the administrative agency, with regard to providing, changing, or preserving collateral, were not fulfilled; |
| 3. | Where the deferment is deemed no longer necessary due to changes in financial or other circumstances; |
| 4. | In other circumstances specified by Presidential Decree where collecting the whole amount of administrative fines before the deferred deadline is deemed impossible. |
| (6) | Methods and procedure for deferring collection of administrative fines, etc. and other matters necessary therefor shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14280, Dec. 2, 2016]
| (1) | Where the person concerned falls under any of the following, an administrative agency may treat an administrative fine that he/she has failed to pay as a write-off: |
| 1. | Where the right to collect an administrative fine is extinguished by prescription pursuant to Article 15 (1); |
| 2. | Cases prescribed by Presidential Decree, such as cases where it is deemed impossible to collect an administrative fine because the whereabouts of a delinquent is unclear or he/she does not possess property. |
| (2) | Where an administrative agency discovers other property which it may seize after it has written off an administrative fine as uncollectable pursuant to paragraph (1) 2, it shall, without delay, revoke such write-off and collect such unpaid administrative fine. |
[This Article Newly Inserted by Act No. 15979, Dec. 18, 2018]
CHAPTER IV JUDGMENTS ON VIOLATIONS OF PUBLIC ORDER AND EXECUTION OF SENTENCES
| Article 25 (Competent Court) |
Except as otherwise prescribed by other statutes, an administrative fine case shall fall under the jurisdiction of a district court or its branch in the area where the party concerned has his/her address.
| Article 26 (Timing Jurisdiction Arises) |
The jurisdiction of a court shall be determined on the basis of the time when an administrative agency notifies the fact that an objection is raised pursuant to Article 21 (1) and (2).
| Article 27 (Transfer Due to Lack of Jurisdiction) |
| (1) | When a court finds that the whole or part of an administrative fine case falls outside its jurisdiction, it shall, by its decision, transfer the case to the competent court. |
| (2) | The party or public prosecutor concerned may make an immediate appeal against a ruling on transfer. |
| Article 28 (Provisions Applicable Mutatis Mutandis) |
| Article 29 (Disqualification, etc. of Court Officials) |
The provisions of the Civil Procedure Act concerning the disqualification, recusal and self-recusal of court officials shall apply mutatis mutandis to judgments on administrative fines.
| Article 30 (Notification of Fact of Notification by Administrative Agency) |
A court shall, upon receipt of notification made by an administrative agency pursuant to Article 21 (1) and (2), promptly inform the public prosecutor concerned thereof.
| Article 31 (Hearing, etc.) |
| (1) | A court shall hold a hearing to take the testimony of the party concerned. |
| (2) | The court shall seek the opinion of the public prosecutor concerned, who shall state his/her opinion in court at the time of examination or present his/her opinion in writing. |
| (3) | The court shall make notification of the hearing date under paragraph (1) to the party and public prosecutor. |
| Article 32 (Requests for Attendance of Administrative Agency, etc.) |
| (1) | A court may, where the attendance of an administrative agency is deemed necessary, have the administrative agency present itself at the hearing to state its opinion. |
| (2) | The administrative agency may, with the permission of the court, have a public official under its control present himself/herself at the hearing to state his/her opinion. |
| Article 33 (Detection of Fact and Investigation of Evidence Ex Officio) |
| (1) | A court shall, ex officio, detect the facts and investigate the evidence as deemed necessary. |
| (2) | The investigation of evidence under paragraph (1) shall be subject to the Civil Procedure Act. |
| Article 34 (Matters that May be Commissioned) |
Activities concerning the detection of facts, summons and notice may be commissioned to another person.
| Article 35 (Preparation of Protocol) |
An administrative officer, junior administrative officer, chief clerk or senior clerk of a court (hereinafter referred to as "junior administrative officer, etc. of a court") shall prepare a protocol with regard to the examination of a witness or an expert witness and to other examinations, as deemed necessary.
| (1) | The judgment on an administrative fine shall be rendered by a ruling which includes the grounds therefor. |
| (2) | A judge shall affix his/her signature and seal to the original of the decision: Provided, That the original may be substituted by the written objection provided for in Article 20 (1) or a protocol in which matters relating to the judgment are entered and to which the judge affixes his/her signature and seal. |
| (3) | The junior administrative officer, etc. of the court shall put his/her name and seal to the original copy and a certified copy of the decision, and affix the court seal to the authentic copy. |
| (4) | Affixing the judge’s signature and seal under paragraph (2) may be substituted by entering his/her name and affixing his/her seal. |
| Article 37 (Notification of Decisions) |
| (1) | A decision shall take effect upon making notification thereof to the party and public prosecutor concerned. |
| (2) | The notification of the decision shall be made in such manner as deemed appropriate by the court: Provided, That in cases of service by public notice, such notification shall be made in accordance with the Civil Procedure Act. |
| (3) | The junior administrative officer, etc. of the court shall additionally state the method, place and date of notification on the original of the decision, and affix his/her seal thereto. |
| (1) | The party and public prosecutor concerned may raise an immediate appeal against a judgment on an administrative fine. In such cases, such appeal shall have the effect of suspending the execution. |
| (2) | The public prosecutor may, where necessary, hear opinions of the administrative agency concerned on whether or not to raise an immediate appeal under paragraph (1). |
| Article 39 (Judgment by Appellate Court) |
Judgments on administrative fines rendered by an appellate court shall include the grounds therefor.
| Article 40 (Procedure of Appeal) |
Except as otherwise provided, the provisions of the Civil Procedure Act concerning appeal shall apply mutatis mutandis to any appeal under this Act.
| (1) | Costs of the proceedings for judgments on administrative fines shall be borne by the person who is sentenced in cases where a sentence to the administrative fine is passed and, in other cases, by the National Treasury. |
| (2) | When an appellate court has rendered a judgment accepting the application of the party concerned with respect to the administrative fine case, the costs of the appeal procedure and the costs imposed on the party in the preceding instance shall be borne by the National Treasury. |
| Article 42 (Execution of Judgments on Administrative Fines) |
| (1) | Judgments on administrative fines shall be executed by order of the public prosecutor concerned. In such cases, such order shall have the same validity as an enforceable execution title. |
| (2) | Execution procedures of judgments on administrative fines shall be subject to the provisions of the Civil Execution Act or in accordance with the examples of disposition on national or local taxes in arrears: Provided, That where it is subject to the Civil Execution Act, the service of the judgment on the administrative fine shall not be required before such execution. |
| (3) | Articles 24 and 24-2 shall apply mutatis mutandis to the execution of judgments on administrative fines. In such cases, "after the expiration of the period specified in Article 20 (1) without raising any objection to the disposition of an administrative fine" under Article 24-2 (1) and (2) shall be construed as "after the judgment on an administrative fine becomes final and conclusive." <Amended by Act No. 10544, Apr. 5, 2011> |
| (4) | Where a prosecutor executes any judgment on an administrative fine under paragraphs (1) through (3), he/she shall notify a relevant administrative agency of the result thereof. <Newly Inserted by Act No. 10544, Apr. 5, 2011> |
| Article 43 (Entrustment of Execution of Judgments on Administrative Fines) |
| (1) | A public prosecutor may entrust an administrative agency which has initially imposed an administrative fine with the execution of a judgment on the administrative fine, and the administrative agency so entrusted shall execute it according to the examples of disposition on national or local taxes in arrears. |
| (2) | Where the head of a local government is entrusted with the execution under paragraph (1), the amount of money collected through the execution shall revert to the local government. |
| Article 44 (Summary Judgment) |
A court may, when it deems reasonable, proceed with a judgment on an administrative fine without hearing under Article 31 (1).
| (1) | The party or public prosecutor concerned may file an objection within seven days from the date on which he/she is notified of a summary judgment pursuant to Article 44. |
| (2) | The public prosecutor may, where he/she deems it necessary, hear opinions of the administrative agency concerned on whether or not to file an objection under paragraph (1). |
| (3) | The period under paragraph (1) shall be an invariable period. |
| (4) | Where the party or public prosecutor could not observe the period under paragraph (1) due to any cause not attributable to himself/herself, he/she may file an objection within 14 days from the date on which such cause ceases to exist: Provided, That for a party who is in a foreign country at the time such cause ceases to exist, such period shall be 30 days. |
| Article 46 (Method of Objection) |
| (1) | An objection shall be made by submitting a written objection prescribed by Presidential Decree to the court rendering a summary judgment under Article 44. |
| (2) | When an objection is raised under paragraph (1), the competent court shall serve a duplicate of the written objection on the other party to such objection. |
| Article 47 (Withdrawal of Objections) |
| (1) | The party or public prosecutor who has raised an objection may withdraw his/her objections not later than the time when he/she is notified of a decision rendered pursuant to the formal judicial proceedings. |
| (2) | Any withdrawal of the objection shall be made by submitting a written withdrawal of the objection prescribed by Presidential Decree to the court under Article 46 (1): Provided, That it may be effected orally on the date of the examination. |
| (3) | When the withdrawal of the objection under paragraph (1) is made subsequent to the service of a duplicate of the written objection pursuant to Article 46 (2), the court shall serve a duplicate of the written withdrawal of the objection on the other party. |
| Article 48 (Dismissal of Objections without Prejudice) |
| (1) | Where an objection is contrary to legal process, or is found to have been raised subsequent to the extinction of the right to object, the court shall, by its judgment, dismiss it without prejudice: Provided, That the same shall not apply where such defects are rectifiable. |
| (2) | An immediate appeal may be raised against the ruling under paragraph (1). |
| Article 49 (Final and Conclusive Summary Judgment) |
A summary judgment shall become final and conclusive in any of the following cases:
| 1. | When no objection is raised within the period under Article 45; |
| 2. | When the decision to dismiss objections becomes final and conclusive; |
| 3. | When the party or public prosecutor concerned withdraws his/her objection. |
| Article 50 (Shifting to Formal Judicial Proceedings Due to Objection) |
| (1) | Where an objection is deemed by the court to be lawful, the summary judgment shall lose validity. |
| (2) | In cases under paragraph (1), the court shall bring the case to a new trial after hearing under Article 31 (1). |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 51 (Requests for Submission of Materials) |
The Minister of Justice may, where necessary in relation to the implementation of this Act including the preparation, etc. of statistics concerning the collection of administrative fines, request the head of any central administrative agency or other relevant institution to submit materials relating to the current state of collection of administrative fines, etc.
| Article 52 (Restrictions of Government-Permitted Business) |
| (1) | If a person who runs a business subject to permission, authorization, license, registration, or renewal thereof (hereinafter referred to as "permission, etc.") but is in arrears with administrative fines falls under all of the following subparagraphs, the administrative agency concerned may suspend the business or revoke the pertinent permission, etc.: |
| 1. | Where he/she has been in arrears with an administrative fine imposed for violation of public order in relation to that business, thrice or more for one year of occurrence of each such default, which amount to five million won or more in total, as determined by Presidential Decree; |
| 2. | Where he/she has been in arrears with an administrative fine without justifiable grounds as prescribed by Presidential Decree including natural disasters or other grave disasters. |
| (2) | If there exists any separate competent authority that takes charge of the business subject to permission, etc., the administrative agency concerned may request the competent authority to suspend the business or revoke the pertinent permission, etc. |
| (3) | If the administrative agency concerned collects the administrative fine in question after suspending the business or revoking the pertinent permission, etc. or requesting the competent authority to do so under paragraph (1) or (2), it shall, without delay, withdraw such suspension or revocation or such request. |
| (4) | The competent authority shall, upon receipt of a request made by the administrative agency under paragraph (2), comply with such request unless there is any justifiable reason to the contrary. |
| Article 53 (Furnishing, etc. of Credit Information) |
| (1) | An administrative agency may, where necessary for the collection of administrative fines or the public interest, furnish the materials concerning disposition on default or deficits upon request by a credit information company under Article 2 of the Credit Information Use and Protection Act or a credit information concentration institution under Article 25 of the same Act, by applying mutatis mutandis Article 7-2 of the National Tax Collection Act. In such cases, where Article 7-2 of the National Tax Collection Act applies mutatis mutandis, a "delinquent" shall be construed as a "delinquent or person in whose case an unpaid administrative fine has been written off", and "materials concerning a delinquency in payment" as "materials concerning a delinquency in payment or concerning a write-off". <Amended by Act No. 9617, Apr. 1, 2009; Act No. 15979, Dec. 18, 2018> |
| (2) | The administrative agency shall first notify a party who fails to pay an administrative fine that it may furnish the materials concerning disposition on default or deficits taken against that party to a credit information company or credit information concentration institution under paragraph (1). <Amended by Act No. 9617, Apr. 1, 2009> |
| (3) | Where the administrative agency furnishes the materials concerning disposition on default or deficits under paragraph (1), it shall notify the party in arrears thereof, as prescribed by Presidential Decree. |
| Article 54 (Sanctions against Large-Amount and Habitual Delinquents) |
| (1) | A court may, by its decision, issue an order to detain a delinquent (referring to the representative in the case of a legal entity; hereafter in this Article the same shall apply), upon request by the public prosecutor concerned, for not more than 30 days until he/she pays an administrative fine in arrears, when he/she falls under both of the following subparagraphs: |
| 1. | When he/she has been in arrears with an administrative fine, thrice or more for one year of occurrence of each such default, which amount to ten million won or more in total, as determined by Presidential Decree; |
| 2. | When he/she has been in arrears with an administrative fine without any justifiable ground in spite of his/her financial ability to pay. |
| (2) | The administrative agency may request a public prosecutor of the competent district public prosecutor’s office or its branch office to detain the delinquent, when he/she falls under all subparagraphs of paragraph (1). |
| (3) | An immediate appeal may be raised against a ruling under paragraph (1). |
| (4) | No delinquent of an administrative fine, who is placed in detention pursuant to paragraph (1), shall be detained again on the same ground. |
| (5) | Procedures for, and execution of, judgments on detention under paragraph (1) and other necessary matters shall be prescribed by Supreme Court Regulations. |
| Article 55 (Provisional Impoundment of Motor Vehicle Registration License Plate of Delinquents of Administrative Fines Relating to Motor Vehicles) |
| (1) | Where a person fails to pay an administrative fine for a violation of public order relating to operation, management, etc. of a motor vehicle defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act as specified by Presidential Decree (hereinafter referred to as "administrative fine relating to motor vehicles"), the administrative authority may impound the registration license plate of the person's motor vehicle related to the delinquent administrative fine. |
| (2) | Where an administrative agency, not a competent authority for the motor vehicle registration duties, has impounded the registration license plate pursuant to paragraph (1), such an agency shall without delay notify a competent agency of the impoundment of the registration license plate. |
| (3) | Where a person defaulting on an administrative fine relating to motor vehicles pays such a fine, the administrative authority shall immediately return the impounded registration license plate. |
| (4) | Where the party subject to the impoundment under paragraph (1) depends his/her livelihood on the vehicle and thus deemed not able to sustain his/her livelihood while the registration licence plate is impounded, the administrative agency may give the registration license plate to the party concerned and temporarily cancel the impoundment: Provided, That the foregoing shall not apply where the party concerned has defaulted on other administrative fines. <Newly Inserted by No. 14280, Dec. 2, 2016> |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), necessary matters regarding requirements, methods, and procedure for the impoundment and cancellation of impoundment of motor vehicle registration license plates shall be determined by Presidential Decree. <Amended by Act No. 14280, Dec. 2, 2016> |
[This Article Newly Inserted by Act No. 10544, Apr. 5, 2011]
| Article 56 (Submission of Certificate of Payment of Administrative Fines Relating to Motor Vehicles) |
Where a motor vehicle involved with administrative fines relating to motor vehicles is registered for seizure due to unpaid administrative fines relating to such a motor vehicle, a person intending to register transfer of the ownership of such a motor vehicle shall submit a certificate to prove payment of the administrative fine (including additional dues and aggravated additional dues under Article 24) that has given rise to the registration of seizure: Provided, That the foregoing shall not apply if the payment can be confirmed through sharing of administrative information under Article 36 (1) of the Electronic Government Act. [This Article Newly Inserted by Act No. 10544, Apr. 5, 2011]
| Article 57 (Administrative Fines) |
| (1) | Any person who refuses, obstructs or evades the inspection under Article 22 (2) shall be subject to an administrative fine not exceeding five million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the administrative agency under Article 22. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Collection, etc. of Additional Dues) The provisions of Articles 24 and 52 through 54 shall apply to administrative fines in arrears on or after the enforcement date of this Act. |
| (3) | (Applicability to Administrative Fines) The provisions of Article 55 shall not apply with respect to any acts that were committed before the enforcement date of this Act. |
| (4) | (General Transitional Measures) Except as otherwise provided, this Act shall also apply with respect to any matters that have arisen before the enforcement date of this Act: Provided, That it shall not affect any validity effected pursuant to other Acts before the enforcement date of this Act. |
ADDENDA <Act No. 9617, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10544, Apr. 5, 2011>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Notification of Result of Execution of Administrative Fine Judgment) The amended provisions of Article 42 (4) shall apply beginning with the first administrative fine judgment executed after this Act enters into force. |
| (3) | (Applicability to Special Cases of Administrative Fines regarding Motor Vehicles) The amended provisions of Articles 55 and 56 shall apply beginning with the first person defaulting on an administrative fine regarding motor vehicles. |
ADDENDA <Act No. 14280, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Payment of Administrative Fines, etc. by Credit Card, etc.)
The amended provisions of Article 17-2 shall apply to administrative fines paid after this Act enters into force. Article 3 (Applicability to Collection of Additional Dues)
The amended provisions of Article 24 shall begin to apply from the first case of defaulting on administrative fines. Article 4 (Applicability to Impoundment of Registration License Plates of Motor Vehicles)
The amended provisions of Article 55 shall also apply to the parties whose registration license plates of motor vehicles are impounded as at the time this Act enters into force.
ADDENDUM <Act No. 15979, Dec. 18, 2018>
This Act shall enter into force on the date of its promulgation.