ENFORCEMENT DECREE OF THE ROAD TRAFFIC ACT
Wholly Amended by Presidential Decree No. 19493, May 30, 2006
Amended by Presidential Decree No. 19705, Oct. 19, 2006
Presidential Decree No. 20038, Apr. 27, 2007
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 20692, Feb. 29, 2008
Presidential Decree No. 20838, jun. 20, 2008
Presidential Decree No. 21036, Sep. 25, 2008
Presidential Decree No. 21077, Oct. 8, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Presidential Decree No. 21206, Dec. 31, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21844, Nov. 23, 2009
Presidential Decree No. 22224, jun. 28, 2010
Presidential Decree No. 22258, Jul. 9, 2010
Presidential Decree No. 22512, Dec. 7, 2010
Presidential Decree No. 22590, Dec. 31, 2010
Presidential Decree No. 22910, Apr. 30, 2011
Presidential Decree No. 23350, Dec. 6, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23805, May 23, 2012
Presidential Decree No. 24077, Aug. 31, 2012
Presidential Decree No. 24091, Sep. 7, 2012
Presidential Decree No. 24419, Mar. 23, 2013
Presidential Decree No. 24644, jun. 28, 2013
Presidential Decree No. 24862, Nov. 20, 2013
Presidential Decree No. 25007, Dec. 17, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25159, Feb. 11, 2014
Presidential Decree No. 25364, May 28, 2014
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25852, Dec. 16, 2014
Presidential Decree No. 25946, Dec. 31, 2014
Presidential Decree No. 26238, May 12, 2015
Presidential Decree No. 26351, jun. 30, 2015
Presidential Decree No. 26659, Nov. 20, 2015
Presidential Decree No. 26870, Jan. 6, 2016
Presidential Decree No. 26965, Feb. 11, 2016
Presidential Decree No. 27379, Jul. 26, 2016
Presidential Decree No. 27617, Nov. 29, 2016
Presidential Decree No. 27620, Nov. 29, 2016
Presidential Decree No. 27616, Nov. 29, 2016
Presidential Decree No. 27626, Nov. 29, 2016
Presidential Decree No. 28055, May 29, 2017
Presidential Decree No. 28215, Jul. 26, 2017
Presidential Decree No. 28814, Apr. 24, 2018
Presidential Decree No. 28919, May 28, 2018
Presidential Decree No. 29081, Aug. 7, 2018
Presidential Decree No. 29163, Sep. 18, 2018
Presidential Decree No. 29193, Sep. 28, 2018
Presidential Decree No. 29654, Mar. 26, 2019
Presidential Decree No. 29702, Apr. 16, 2019
Presidential Decree No. 29720, Apr. 30, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for matters mandated by the Road Traffic Act and matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 2 (Types of Emergency Motor Vehicles) |
| (1) | "Motor vehicles prescribed by Presidential Decree" in subparagraph 22 (d) of Article 2 of the Road Traffic Act (hereinafter referred to as the "Act") means any of the following motor vehicles used for emergency purposes: Provided, That a motor vehicle falling under any of subparagraphs 6 through 11 shall be deemed to be an emergency motor vehicle only when so designated by the commissioner of a district police agency, upon an application by a person or institution, etc. that uses it: |
| 1. | Motor vehicles operated by the police for criminal investigation, traffic regulation, or any other emergency police operation; |
| 2. | Motor vehicles operated by the national armed forces and United Nations forces in Korea for maintaining order within the armed forces or for guiding the orderly movement of military troops in convoys; |
| 3. | Motor vehicles operated by investigative agencies for criminal investigations; |
| 4. | Motor vehicles operated by any of the following facilities or agencies for arresting runaways, or carrying and guarding inmates or probationers: |
| (a) | Correctional institutions, juvenile detention homes, or detention centers; |
| (b) | Juvenile reformatories or juvenile classification and examination offices; |
| 5. | Motor vehicles used for official security service for domestic and foreign key figures; |
| 6. | Motor vehicles used in emergency operations for hazard prevention by institutions that provide electricity, gas, and public utilities services; |
| 7. | Motor vehicles used in mobilization for emergency preventive measures or restoration works by a government agency responsible for civil defense affairs; |
| 8. | Motor vehicles used in emergency works for preventing hazards on the road, which are operated for road maintenance, and those controlling the vehicles operated under restrictions; |
| 9. | Motor vehicles used for emergency services such as repairing work for telegraph or telephone systems; |
| 10. | Motor vehicles used in transportation of urgent mails; |
| 11. | Motor vehicles used for radio wave monitoring. |
| (2) | In addition to motor vehicles set forth in subparagraphs of paragraph (1), any of the following motor vehicles shall be deemed emergency motor vehicles: |
| 1. | Motor vehicles moved under convoy of an emergency police vehicle referred to in paragraph (1) 1; |
| 2. | Motor vehicles operated by the national armed forces or United Nations forces in Korea, which are under convoy of an emergency motor vehicle operated by the national armed forces or United Nations forces in Korea referred to in paragraph (1) 2; |
| 3. | Motor vehicles carrying a critical patient, an injured person or blood for transfusion. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 3 (Matters to Be Observed by Emergency Motor Vehicles) |
| (1) | Emergency motor vehicles (excluding the motor vehicles deemed to be emergency motor vehicles under Article 2 (2)) shall observe the following matters: Provided, That the same shall not apply to the emergency motor vehicles that regulate motor vehicles, etc. and trams violating the provisions of speed referred to in Article 17 (3) of the Act and the emergency motor vehicles referred to in Article 2 (1) 5: <Amended by Presidential Decree No. 29654, Mar. 26, 2019> |
| 1. | They shall be equipped with the structure of emergency motor vehicles set forth in the standards for safe operation of motor vehicles prescribed in Article 29 of the Motor Vehicle Management Act (hereinafter referred to as "motor vehicles safety standards"); |
| 2. | They shall sound a siren or turn on an emergency warning flashing light (applicable only to cases where they seek entitlement to priority traffic under Article 29 of the Act, privileges under Article 30 of the Act, and other privileges prescribed by the Act). |
| (2) | Every emergency motor vehicle under Article 2 (1) 5 and every motor vehicle deemed an emergency motor vehicle under Article 2 (2) shall show that it is in operation for an urgent purpose by using headlights or an emergency warning flashing light, or by any other appropriate means. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 4 (Causes for Liability for Expenses Incurred for Traffic Safety Facilities) |
| 1. | Occurrence of an accident resulting from driving of a motor vehicle or tram or any other traffic accident, causing death or injury of people or damage to things. (hereinafter referred to as "traffic accident"); |
| 2. | Moving or removing a signal apparatus or a safety sign (hereinafter referred to as "traffic safety facility") in order to transport an indivisible cargo or for any other purposes; |
| 4. | Moving or removing unmanned traffic regulation equipment for road construction, etc. by a road management agency, etc.; |
| 5. | Removing, moving or damaging unmanned traffic regulation equipment intentionally or by negligence. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 5 (Standards for Levying Charges and Refund) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, Jeju Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun of a Metropolitan City; hereinafter referred to as the "Mayor, etc.") shall calculate the amount of a charge for construction expenses in relation to the removal, or restoration to the original state, of a traffic safety facility under Article 3 (4) of the Act, taking into consideration the degree of damage, the remaining useful life, etc. (hereinafter referred to as "charges") and may levy the charges on a number of people in proportion to the degree of contribution to such damage, if the damage has been caused by several persons: Provided, That such charges may be exempted, if such damage is trivial, or if it can be repaired by routine maintenance work, or if the total amount of the charge is less than 200,000 won. |
| (2) | If the amount of the charge levied pursuant to paragraph (1) exceeds costs and expenses incurred in relation to removal, or restoration to the original state, of the traffic safety facility, the Mayor, etc. shall refund the difference. In such cases, matters necessary for refund procedures shall be prescribed by the Mayor, etc. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to standards for levying charges for the removal or restoration of unmanned traffic regulation equipment to the original state under Article 4-2 (2) of the Act, and the refund thereof. In such cases, "traffic safety facility" and "Mayor, etc." shall be construed as "unmanned traffic regulation equipment" and "the commissioner of a district police agency, the chief of a police station or the Mayor, etc." respectively. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 6 (Extent of Persons Assisting Police Officers) |
"Persons prescribed by Presidential Decree" in Article 5 (1) 2 of the Act, means any of the followings: <Amended by Presidential Decree No. 26965, Feb. 11, 2016> | 2. | Military police officers who guide the movement of troops mobilized for military exercise or operation; |
| 3. | Fire officers who guide a fire engine or an ambulance being operating for emergency purposes of its own. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 6-2 (Support for Uniforms and Equipment to Exemplary Drivers) |
| (1) | The Commissioner General of the Korean National Police Agency may provide exemplary drivers with the following uniforms and equipment pursuant to Article 5-3 (1) of the Act: |
| 1. | Uniforms: Hat, driver uniform, jumper, etc.; |
| 2. | Equipment: Horn, traffic control wand, fluorescent vest, etc. |
| (2) | Matters necessary for criteria for providing uniforms and equipment under paragraph (1), the time thereof, etc. shall be determined and publicly notified by the Commissioner General of the Korean National Police Agency. |
[This Article Newly Inserted by Presidential Decree No. 24091, Sep. 7, 2012]
CHAPTER II WAYS OF PEDESTRIANS TO WALK ROADS
| Article 7 (Pedestrians or Processions Allowed to Walk Roadways) |
"Processions or persons prescribed by Presidential Decree" in the former part of Article 9 (1) of the Act means any of the following persons or processions: | 1. | A person driving a large animal such as a horse or cattle; |
| 2. | A person carrying a ladder, timber, or any other objects that might obstruct pedestrian traffic; |
| 3. | A person cleaning, repairing, or maintaining the road, or performing any similar work; |
| 4. | A military procession or a procession of a similar organization; |
| 5. | A procession carrying flags, placards, etc.; |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 8 (Extent of Persons with Disabilities Equivalent to Visual Disability) |
A person with a disability equivalent to visual disability as set forth in Article 11 (2) of the Act means any of the following persons: | 1. | A person with hearing disability; |
| 2. | A person with any disability in maintaining bodily equilibrium; |
| 3. | A person who is unable to walk without the aid of an artificial leg, etc. |
CHAPTER III WAYS, ETC. FOR MOTOR VEHICLES AND HORSES TO PASS THROUGH ROADWAYS
| Article 8-2 (Consultations with Road Management Agency, etc.) |
| (1) | Where the chief of a police station intends to consult with a road management agency under Article 14 (4) of the Act about matters concerning the issuance of an operation permit under the proviso to Article 77 (1) of the Road Act, he/she shall immediately send the data necessary for the issuance of the permit, to the road management agency. |
| (2) | The head of a road management agency in receipt of a request for consultation under paragraph (1) shall submit his/her opinion to the chief of the relevant police station within seven days from the date of receipt of such request. |
[This Article Newly Inserted by Presidential Decree No. 26351, Jun. 30, 2015]
| Article 9 (Types, etc. of Exclusive Lanes) |
| (1) | Types of exclusive lanes specified in Article 15 (2) of the Act (including cases to which it applies mutatis mutandis in Article 61 (2) of the Act) and the types of motor vehicles allowed to use exclusive lanes (hereinafter referred to as "vehicles allowed to use exclusive lanes") shall be as listed in attached Table 1. |
| (2) | Matters necessary for the designation of vehicles allowed to use exclusive bus lanes installed on the roads, other than expressways, under attached Table 1, the revocation of such designation, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | When the Mayor, etc. or the Commissioner General of the Korean National Police Agency installs or abolishes an exclusive lane, he/she shall issue a public notice of the section, period, operating hours, etc. of such exclusive lane (excluding operating hours, in cases of abolishment) as prescribed, and publicly announce such matters through newspapers, broadcasting, or any other means. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 10 (Cases of Vehicles Using Exclusive Lanes Other Than Those Allowed to Use Exclusive Lanes ) |
| 1. | Where an emergency motor vehicle is operated for its originally intended emergency purpose; |
| 2. | Where a taxi temporarily accesses the exclusive lane to assist his/her passengers in getting into or out off such taxi without interfering with the traffic of other vehicles allowed to use exclusive lanes. In such cases, the taxi driver shall leave the exclusive lane as soon as his/ her passengers get into or out off the taxi; |
| 3. | Where it is impracticable to pass through without accessing the exclusive lane due to damage to or destruction of the road, construction work on the road, or any other unavoidable obstacle. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 10-2 (Where Warning Lights, etc. Can Be Used for Purposes, Other Than Emergency Purposes) |
The driver of a motor vehicle referred to in any item of subparagraph 22 of Article 2 of the Act, may flicker a warning light or sound a siren installed pursuant to the Motor Vehicle Management Act, in any of the following cases, even if the relevant motor vehicle is not operated for emergency purposes of its own, pursuant to the proviso to Article 29 (6) of the Act: | 1. | Where a fire engine conducts patrol to prevent fire or to perform rescue or first-aid activities; |
| 2. | Where a motor vehicle falling under any item of subparagraph 22 of Article 2 of the Act participates in training related to emergency purposes of its own; |
| 3. | Where a motor vehicle falling under Article 2 (1) 1 conducts patrol to prevent and regulate crimes. |
[This Article Newly Inserted by Presidential Decree No. 27379, Jul. 26, 2016]
| Article 10-3 (Ban on Stopping or Parking near Firefighting System) |
| (1) | “Systems ... which are prescribed by Presidential Decree” in subparagraph 6 (b) of Article 32 of the Act means any of the following: <Amended by Presidential Decree No. 29720, Apr. 30, 2019> |
| (2) | The Mayor, etc. shall install a safety sign in a place he/she deems necessary for expedite firefighting, from among places under subparagraph 6 of Article 32 of the Act. <Newly Inserted by Presidential Decree No. 29720, Apr. 30, 2019> |
[This Article Newly Inserted by Presidential Decree No. 29081, Aug. 7, 2018]
| Article 11 (Methods, etc. of Stopping or Parking) |
| (1) | The methods and timing of stopping and parking that every driver of a vehicle shall comply with under Article 34 of the Act shall be as follows: |
| 1. | Every driver of a vehicle shall stop a vehicle at the right-hand edge of the road, whenever he/she intends to stop on the road: Provided, That the vehicle shall stand at least 50 centimeters away from the right-hand edge of the road toward the center of the road, if no separation exists between the roadway and the sidewalk on the road; |
| 2. | Every driver of a passenger vehicle, who stops the vehicle at a designated stop or any similar place in order to load or unload passengers, shall depart from the place immediately after passengers get on or off without hindering other vehicles from stopping; |
| 3. | When parking a vehicle on the road, every driver shall obey the rules as to the place, timing, and methods of parking prescribed by the commissioner of the district police agency. |
| (2) | When stopping or parking a vehicle in accordance with paragraph (1), no driver shall obstruct the traffic of others: Provided, That the same shall not apply in any of the following cases: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where he/she follows a safety sign or an instruction given by any of the following persons: |
| (a) | A national police official (including a conscripted police official; hereinafter the same shall apply); |
| (b) | An autonomous police official of the Jeju Special Self-Governing Province (hereinafter referred to as "autonomous police official"); |
| (c) | A person who falls under any subparagraph of Article 6 and assists national police official or autonomous police officers (hereinafter referred to as "police official, etc"); |
| 2. | Where he/she parks a vehicle inevitably due to mechanical trouble. |
| (3) | Where a driver intends to stop or park a vehicle on slopes under Article 34-3 of the Act (including cases of stopping or parking on a slope at places other than road), the driver shall set the brakes and comply with one of the following: Provided, That the same shall not apply where the driver is putting on a brake without leaving driver’s seat: <Newly Inserted by Presidential Decree No. 29193, Sep. 28, 2018> |
| 1. | To place wood, stone, rubber, and plastic wheel chocks on a downhill grade to prevent a vehicle from rolling; |
| 2. | To turn the wheels toward the edge of the road (referring to the side nearer from the vehicle); |
| 3. | To take steps equivalent to those under subparagraph 1 or 2 to prevent vehicle from rolling. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 12 (Public Officials Responsible for Regulation of Stopping and Parking) |
| (1) | If deemed necessary for the crackdown on illegal parking and stopping, Do Governors, Mayors, etc. may appoint public officials working for the relevant local government, including public officials in charge of traffic administration-related field as public officials in charge of regulation of parking and stopping of vehicles (hereinafter referred to as "traffic regulation official") under Article 35 (1) 2 of the Act. |
| (2) | Every traffic regulation official shall wear a uniform while performing the duty of regulating parking and stopping. |
| (3) | Matters necessary for the types, styles, provision, etc. of uniforms referred to in paragraph (2) shall be prescribed by ordinance of the relevant local government: Provided, That the style of uniforms shall be subject to prior consultation with the commissioner of a district police agency. |
| (4) | Do Governors, Mayors, etc. shall implement training programs prescribed by Ordinance of the Ministry of the Interior and Safety for the traffic regulation official. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (5) | Where deemed necessary, a Do Governor or the Mayor, etc. may entrust training programs referred to in paragraph (4) to a police training institution defined in subparagraph 3 of Article 2 of the Regulations on Education and Training of Police Officers. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 13 (Measures for Towing, Taking Custody of, Returning, etc. Vehicles Violating Parking Rules) |
| (1) | Where the chief of a police station, a Do Governor, or the Mayor, etc. intends to tow a vehicle pursuant to Article 35 (2) of the Act, he/she shall attach a sign indicating that the vehicle is subject to imposition of an administrative fine or penalty and towing (hereinafter referred to as "sign of vehicle subject to imposition of an administrative fine") to the exterior of the vehicle where it is easily visible, as prescribed by Ordinance of the Ministry of the Interior and Safety, to make sure that it can be readily noticed that the vehicle is subject to towing. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | In cases of towing a vehicle pursuant to Article 35 (2) of the Act, the chief of the relevant police station, the relevant Do Governor, or the relevant Mayor, etc. shall ensure that the user (referring to the owner or a person to whom the custody of the vehicle is entrusted by the owner; hereinafter the same shall apply) or driver of the relevant vehicle can easily find the whereabouts of the vehicle, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | If nobody claims the possession of a towed vehicle within 24 hours after towing, the chief of the relevant police station, the relevant Do Governor, or the relevant Mayor, etc. shall notify the user or driver of the vehicle of matters specified by Ordinance of the Ministry of the Interior and Safety, including the whereabouts of the vehicle, via registered mail. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | Where it is impracticable to identify the user or driver of a vehicle towed and taken into custody, the chief of the relevant police station, the relevant Do Governor, or the relevant Mayor, etc. shall publicly announce the following information on the bulletin board of the relevant agency for 14 days from the date the vehicle was towed pursuant to Article 35 (4) of the Act, and shall prepare and make a list available to interested parties for inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | The type and shape of the vehicle in custody; |
| 2. | The place the vehicle in custody was originally located, and the date and time such vehicle was towed; |
| 3. | The place the vehicle is kept in custody; |
| 4. | Other matters deemed necessary for keeping such vehicle in custody. |
| (5) | If the user or driver of a vehicle remains unknown even after the lapse of a period for public announcement set forth in paragraph (4), the chief of the relevant police station, the relevant Do Governor, or the relevant Mayor, etc. shall publicly announce the details specified under paragraph (4) in a daily newspaper: Provided, That the same shall not apply where it is not worthy making such public announcement in a daily newspaper from the viewpoint of its value as an asset. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 14 (Sale or Scrapping, etc. of Vehicles in Custody) |
| (1) | The chief of a police station, the Do Governor or the Mayor, etc. who intends to sell or scrap a vehicle pursuant to Article 35 (5) of the Act, shall notify his/her intention in advance to the user or any other interested person of the vehicle recorded in the vehicle register. |
| 1. | Where the value of the vehicle is likely to diminish significantly, if its sale is not kept confidential; |
| 2. | Where it is deemed that there would be no bidder even if competitive tenders are invited; |
| 3. | Other cases where a competitive tender is deemed improper. |
| (3) | The chief of a police station, the Do Governor or the Mayor, etc. may scrap a vehicle, if he/she fails to sell it because of its low value as an asset even after being offered for a competitive tender or similar thereto pursuant to paragraph (2). |
| (4) | The chief of the police station, the Do Governor or the Mayor, etc. who has sold a vehicle, shall issue a purchaser a statement on the decision of sale in which the following descriptions are included, while the chief of the police station, the Do Governor or the Mayor, etc. shall request the competent authority to erase the registration of the vehicle when the vehicle has been scrapped: |
| 1. | The registration number of the vehicle sold out; |
| 2. | The date and time of sale; |
| 4. | The name (or the trade name and the representative's name, if the purchaser is a legal entity) and address of a purchaser. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 15 (Collection, etc. of Incurred Expenses) |
| (1) | Where the chief of a police station, a Do Governor, or the Mayor, etc. returns a towed vehicle in custody, he/she shall collect expenses incurred in towing, keeping in custody, making a public announcement, etc. (hereinafter referred to as "incurred expenses") from the user or driver of the vehicle, pursuant to Article 35 (6) of the Act, issue a notice for the payment of a penalty or an administrative fine, and receive a receipt prescribed by Ordinance of the Ministry of the Interior and Safety, before returning the vehicle. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Where the chief of a police station, a Do Governor, or the Mayor, etc. intends to collect incurred expenses pursuant to paragraph (1), he/she shall serve the user or driver of the vehicle with a written notice of the amount to be paid, and the deadline and place for such payment. |
| (3) | Guidelines for computing incurred expenses shall be prescribed by ordinance of the relevant local government. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 16 (Requirements for Legal Entities, etc. Engaging in Agency Business for Towing, etc.) |
The requirements to be fulfilled by a legal entity, organization, or individual that engages in agency business for towing, keeping custody of, and returning vehicles pursuant to Article 36 (1) and (2) of the Act (hereinafter referred to as "legal entity, etc. engaging in agency business") shall be as follows: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017; Presidential Decree No. 28919, May 28, 2018> | 1. | Parking facility and its auxiliary facilities that can accommodate at least the number of vehicles classified as follows: |
| (a) | The area of the Special Metropolitan City or a Metropolitan City: 30 vehicles; |
| (b) | The area of a Si or Gun (including Guns of a Metropolitan City): 15 vehicles; |
| 2. | At least one towing vehicle; |
| 3. | Communications equipment for communication among the office, the vehicle depot, and the towing vehicles; |
| 4. | Human resources deemed necessary for providing agency services; |
| 5. | Other equipment necessary for keeping and maintaining vehicles, which is prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 17 (Designation Procedures, etc. of Legal Entities, etc. Engaging in Agency Business) |
| (1) | The chief of each police station or each Mayor, etc. shall designate a person who satisfies requirements set forth in Article 16 as a legal entity, etc. engaging in agency business, upon receiving an application, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | When the chief of a police station or the Mayor, etc. designates a legal entity, etc. engaging in agency business pursuant to paragraph (1), he/she shall publicly announce the details thereof, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Every legal entity, etc. engaging in agency business shall purchase an insurance designated by Ordinance of the Ministry of the Interior and Safety, covering damage that might be caused while towing and keeping vehicles in custody within 100 million won or shall take necessary measures corresponding to the purchase of the insurance. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | When a legal entity, etc. engaging in agency business violates an order to take measures issued under Article 36 (3) of the Act, the chief of a police station or the Mayor, etc. may revoke the designation thereof or suspend the service of the towing agent by up to six months, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 18 (Vesting of Required Expenses on Legal Entity, etc. Engaging in Agency Business) |
Required expenses collected in accordance with Article 15 (1) during the course of providing the agency service for towing, keeping in custody, and returning vehicles shall be deemed the revenue of a legal entity, etc. engaging in agency business.
| Article 19 (Lighting While Operating Vehicles on Road at Nighttime, etc.) |
| (1) | The types of lights that the driver of a vehicle or tram shall turn on while operating the vehicle or tram on the road at nighttime in compliance with subparagraphs of Article 37 (1) of the Act shall be classified into the following categories: <Amended by Presidential Decree No. 29654, Mar. 26, 2019> |
| 1. | For motor vehicles: Headlights, sidelights, tail lights, license plate lights, and interior illumination prescribed by motor vehicles safety standards (interior illumination shall be applicable only to buses and commercial vehicles for passenger transport business defined in the Passenger Transport Service Act); |
| 2. | For motorcycles: Headlights and tail lights; |
| 3. | For towed vehicles: Tail lights, sidelights and license plate lights; |
| 4. | For trams: Headlights, sidelights, tail lights and interior lights; |
| 5. | For all vehicles other than vehicles prescribed by subparagraphs 1 through 3: Lights determined and publicly notified by the commissioner of each regional police agency. |
| (2) | The lights that all drivers of vehicles or trams shall use while standing or parking on the road in compliance with subparagraphs of Article 37 (1) of the Act shall be classified into the following categories: <Amended by Presidential Decree No. 29654, Mar. 26, 2019> |
| 1. | For motor vehicles (excluding two-wheeled motor vehicles): Tail lights and sidelights set forth in motor vehicles safety standards; |
| 2. | For two-wheeled motor vehicles and motorcycles: Tail lights (including rear reflectors); |
| 3. | For trams: Sidelights and taillights |
| 3. | For all vehicles other than vehicles provided in subparagraphs 1 through 3: Lights prescribed and publicly notified by the commissioner of each regional police agency. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 20 (Operation of Lights While Proceeding in Opposite Directions, etc.) |
| (1) | In compliance with Article 37 (2) of the Act, drivers of all vehicles or trams shall operate the lights in the following manner at nighttime: <Amended by Presidential Decree No. 29654, Mar. 26, 2019> |
| 1. | They shall, while proceeding in opposite directions with other vehicles at night, reduce the brightness of the headlights, lower the direction of the lights, or turn off the lights momentarily: Provided, That the same shall not apply when it is not likely to impede the traffic of other vehicles or trams proceeding in opposite direction, considering the road conditions; |
| 2. | They shall, while following a vehicle or tram immediately ahead at nighttime, keep the direction of headlights lower, and shall not interfere with the operation of the vehicle ahead by recklessly adjusting the brightness of headlights. |
| (2) | Drivers of all vehicles and trams shall, while passing through a place with heavy traffic, keep the beam of headlights lower: Provided, That the same shall not apply to places designated by the commissioner of the regional policy agency deemed necessary for maintaining the safety and smoothness of traffic flow. <Amended by Presidential Decree No. 29654, Mar. 26, 2019> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 21 (Timing and Methods for Signaling) |
| Article 22 (Safety Standards for Operation) |
"Traffic safety standards prescribed by Presidential Decree" in the main sentence of Article 39 (1) of the Act means the following standards: | 1. | The number of passengers aboard a motor vehicle (excluding motor vehicles for expressway bus transport business and cargo vehicles) shall not exceed 110 percent of its passenger capacity: Provided, That no vehicle may be operated on an expressway with more passengers on board than its passenger capacity; |
| 2. | The number of passengers aboard a motor vehicle for expressway bus transport business or a cargo vehicle shall not exceed its passenger capacity; |
| 3. | The laden weight of a cargo vehicle shall not exceed 110 percent of its laden capacity conforming to its structure and efficiency; |
| 4. | The load on a motor vehicle (applicable only to cargo vehicles, two-wheeled motor vehicles, and small three-wheeled motor vehicles) shall not exceed the standards classified as follows: |
| (a) | Length: 110 percent of the length of the motor vehicle: Provided, That in cases of a two-wheeled motor vehicle, it refers to the length of the device for riding or loading plus 30 centimeters; |
| (b) | Width: The range within which the rear side is visible through the rear-view mirror of the motor vehicle (referring to the range within which the cargo is visible, if the height of the cargo loaded is lower than the range of the rear-view mirror, or the range within which the rear side is visible, if the height of the cargo loaded is higher); |
| (c) | Height: 4 meters from the ground for cargo vehicles (or 4.2 meters for the route publicly notified deeming that there is no likelihood of any risk to the road structure and traffic safety), 2.5 meters from the ground for small three-wheeled motor vehicles, and 2 meters from the ground for two-wheeled motor vehicles). |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 23 (Permission for Boarding or Loading in Excess of Safety Standards) |
| (1) | The chief of a police station shall grant permission under the proviso to Article 39 (1) of the Act, only in any of the following cases: |
| 1. | Operating a cargo vehicle with passengers aboard inevitably exceeding its passenger capacity in order to carry out work for telegraph, telephone, electricity, water supply, snow removal, or any other work for public benefit; |
| 2. | Transporting cargo to which standards set forth in subparagraphs 3 and 4 of Article 22 are unapplicable because of its indivisibility. |
| (2) | The chief of the police station may, upon granting permission under paragraph (1), attach a condition necessary for safe operation. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 24 (Suspension of Operation of Motor Vehicles, etc. in Bad Repair) |
| (1) | When a national police officer issues an order to temporarily suspend the operation of a motor vehicle pursuant to the former part of Article 41 (3) of the Act, he/she shall attach a sign prescribed by Ordinance of the Ministry of the Interior and Safety (hereinafter referred to as "sign of bad repair"), on the windshield of the motor vehicle, etc., and deliver a written order for repair prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 19705, Oct. 19, 2006; Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | When a national police officer takes measures under paragraph (1), he/she shall report thereon to the commissioner of the relevant district police agency, without delay, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 19705, Oct. 19, 2006; Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Nobody shall tear or mutilate the sign of bad repair attached to a vehicle pursuant to paragraph (1), or remove it without having the condition of repair confirmed in accordance with Article 25. |
| Article 25 (Confirmation of Repaired Condition of Motor Vehicles, etc. in Bad Repair) |
| (1) | The driver or caretaker of a motor vehicle, etc. subjected to disposition under Article 24 (1) shall complete necessary repair work to obtain confirmation of the commissioner of the competent district policy agency. |
| (2) | The commissioner of a district police agency may, if considered necessary, require the chief of a competent police station to confirm the relevant repair work under paragraph (1). |
| (3) | A person, who wishes to obtain the confirmation under paragraph (1), shall submit the written order for repair. |
| (4) | The commissioner of a district police agency shall, when confirming that necessary repair work has been completed in compliance with the written order for repair, return the impounded motor vehicle registration certificate without delay. |
| Article 26 (Notice of Suspension of Use) |
| (1) | The commissioner of a district police agency, who finds, as a result of an inspection to confirm the condition of repair pursuant to Article 25, that necessary repair work has not been completed and thus determines to suspend the use of the motor vehicle, etc. pursuant to the latter part of Article 41 (3) of the Act, shall issue a notice of suspension of use of motor vehicle prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | As to the repair of a motor vehicle, etc. and confirmation thereof, and the return of the motor vehicle registration certificate, where a notice of suspension of use of motor vehicle has been issued in accordance with paragraph (1), the provisions of Article 25 shall apply mutatis mutandis. In such cases, "order for repair" shall be construed as "notice of suspension of use of motor vehicle". |
| Article 27 (Scope of Similar Signs, Painting, etc.) |
The scope of painting, signs, etc. restricted to apply to motor vehicles, etc. under Article 42 (2) of the Act shall be as follows: | 1. | Painting or marks that are likely to cause people to misapprehend a vehicle as an emergency motor vehicle; |
| 2. | Pictures, signs, or letters that give other people an offensive impression with the expression of abusive language, depiction of obscene acts, or otherwise. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
CHAPTER IV DUTIES OF DRIVERS, EMPLOYERS, ETC.
| Article 28 (Standards for Permeability of Visible Rays through Window Glass of Motor Vehicles) |
| 1. | Front windshield: Less than 70 percent; |
| 2. | Window glass on the right and left sides of the driver's seat: Less than 40 percent. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 29 (Device Not Obstructing Safe Driving) |
"Device prescribed by Presidential Decree" in Article 49 (1) 10 (d) of the Act means a device that helps any person use a mobile phone (including car phones) without holding it in his/her hand. [This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 30 (Return and Disposal of Illegally Mounted Devices Removed by Police Officers) |
| (1) | Where the chief of a police station or Jeju Special Self-Governing Province Governor intends to return a device which has violated Article 49 (1) 3 or 4 of the Act (hereinafter referred to as "illegally mounted device") and is removed by a police officer in person in accordance with the latter part of Article 49 (2) of the Act or the proceeds from the sale thereof, he/she shall verify whether the person to whom it is to be returned is the rightful right-holder of the subject matter by confirming his/her name, address and resident (corporation) registration number. |
| (2) | When returning an illegally mounted device or the proceeds from the sale thereof pursuant to paragraph (1), the chief of a police station or Jeju Special Self-Governing Province Governor may collect expenses incurred in relation to the removal, transport, storage, sale, etc. thereof from the owner or driver of the motor vehicle. |
| (3) | If the owner of an illegally mounted device or the driver fails to request the return of such device even after the lapse of six months from the date of the removal thereof under the latter part of Article 49 (2) of the Act, the chief of the police station or Jeju Special Self-Governing Province Governor may sell such illegally mounted device and keep the proceeds therefrom in custody. |
| (4) | If a person entitled to receipt of the proceeds from sale is not known, or if the owner of the illegally mounted device or the driver fails to claim return of such device even after the lapse of five years from the date of the removal thereof, the proceeds from the sale referred to in paragraph (3) shall devolve on the National Treasury or the depository of Jeju Special Self-Governing Province. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 31 (Requirements, etc. for School Buses for Children) |
"Requirements prescribed by Presidential Decree" in Article 52 (3) of the Act, means the following requirements: <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 21077, Oct. 8, 2008; Presidential Decree No. 21206, Dec. 31, 2008; Presidential Decree No. 23350, Dec. 6, 2011; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24091, Sep, 7, 2012; Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25946, Dec. 31, 2014; Presidential Decree No. 26870, Jan. 6, 2016; Presidential Decree No. 28215, Jul. 26, 2017> | 1. | It shall have the structure of a bus for transporting children prescribed by motor vehicles safety standards; |
| 2. | It shall have signs for child protection attached conspicuously to the upper right part of the front windshield and the lower center part of the rear glass, as prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 4. | It shall be a vehicle registered in the name of a person who has obtained authorization for, or has completed registration or report of, a kindergarten, school, childcare center, private teaching institute, or sports facility defined in subparagraph 23 of Article 2 of the Act in the original register under Article 8 of the Motor Vehicle Registration Decree, or a vehicle for which the head of a kindergarten, school, childcare center, private teaching institute, or sports facility has entered into a transport contract with a bus leasing business entity pursuant to the proviso to subparagraph 2 (a) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act. |
| Article 31-2 (Safety Education for Operators, etc. of School Buses for Children) |
| (1) | Education regarding safe operation, etc. of school buses for children under Article 53-3 (1) of the Act (hereinafter referred to as "safety education regarding school buses for children") shall be provided by the Road Traffic Authority established under Article 120 of the Act (hereinafter referred to as the "Authority") or the head of the competent authority that supervises educational facilities for children. <Amended by Presidential Decree No. 25946, Dec. 31, 2014> |
| (2) | Each person who operates or drives a school bus for children shall receive regular safety education specified in Article 53-3 (2) 2 of the Act during a period from January 1 to December 31 of the year where the two yearly anniversary falls from the date of immediately preceding safety education regarding school buses for children. <Newly Inserted by Presidential Decree No. 25946, Dec. 31, 2014> |
| (3) | Safety education regarding school buses for children shall be provided with regard to the following matters for at least three hours by way of lecture, audio-visual education, etc.: <Amended by Presidential Decree No. 25946, Dec. 31, 2014> |
| 1. | Characteristics of children's behavior in regard to traffic safety; |
| 2. | Statutes concerning the operation, etc. of school buses for children; |
| 3. | Analysis of major cases of accidents involving school buses for children; |
| 4. | Other matters necessary to protect children during driving and getting on or off a motor vehicle. |
| (4) | The head of an agency which has provided safety education regarding school buses for children shall issue a certificate of education prescribed by Ordinance of the Ministry of the Interior and Safety to each person who has completed such safety education. <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25946, Dec. 31, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (5) | Each operator and driver of a school bus for children shall keep the certificate of education issued pursuant to paragraph (4), according to the following category: <Amended by Presidential Decree No. 25946, Dec. 31, 2014> |
| 1. | Operator's certificate of education: At an easily visible place inside the education facility for children; |
| 2. | Driver's certificate of education: Inside of the school bus for children. |
| (6) | Detailed matters concerning the teaching materials, public notification, etc. necessary for the provision of safety education regarding school buses for children, other than those prescribed in paragraphs (1) through (5), shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25946, Dec. 31, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 23350, Dec. 6, 2011]
| Article 32 (Investigation of Traffic Accidents) |
| 1. | Date, time, and place at which the traffic accident occurred; |
| 2. | Damage of a traffic accident; |
| 3. | Persons involved in a traffic accident, vehicle registration and whether a motor vehicle has been insured; |
| 4. | Whether a driver's license is valid, whether a driver has driven a motor vehicle under the influence of alcohol or drugs, and whether he/she has taken necessary measures, such as relief measures on the injured, etc.; |
| 5. | Whether a driver has committed an error; |
| 6. | Conditions of the scene of a traffic accident; |
| 7. | Other matters necessary for the causes of a traffic accident, such as defects of a motor vehicle, tram or traffic safety system and collection of evidence, such as tachograph installed pursuant to Article 55 of the Traffic Safety Act. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 33 (Notification of Permission, etc. for Occupation and Use of Road) |
| (1) | When a road management agency that has granted permission to occupy and use a road under Article 61 of the Road Act notifies the Commissioner General of the Korean National Police Agency or the chief of the competent police station of the details thereof under Article 70 (1) of the Act, he/she shall do so in writing, attaching a copy of a permit and a copy of an application for permission. <Amended by Presidential Decree No. 25456, Jul. 14, 2014> |
| (2) | When a road management agency that has prohibited or restricted passage under Article 76 of the Road Act or has restricted operation of vehicles under Article 77 of the same Act notifies the Commissioner General of the Korean National Police Agency or the chief of the competent police station of the details thereof under Article 70 (1) of the Act, he/she shall do so in writing, clearly stating the object, section and period subject to prohibition or restriction, and the grounds therefor. <Amended by Presidential Decree No. 25456, Jul. 14, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 34 (Retaining, etc. of Artificial Structures, etc. in Custody) |
| (1) | Where the chief of a police station who keeps in custody an artificial structure, etc. removed in person pursuant to Article 71 (2) or 72 (2) of the Act or the proceeds from the sale thereof, he/she shall publicly announce the following information on the bulletin board of the relevant police station for 14 days from the date it was taken into his/her custody, and shall prepare and make a list available to interested parties for inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | The name, type, shape, and quantity of the relevant artificial structure, etc.; |
| 2. | The place the relevant artificial structure, etc. was originally installed, and the date and time such artificial structure, etc. was removed; |
| 3. | The place the relevant artificial structure, etc. or the proceeds from the sale thereof are kept in custody; |
| 4. | Other matters deemed necessary for keeping the relevant artificial structures, etc. or the proceeds from the sale thereof in custody. |
| (2) | If the possessor, owner, or caretaker of an artificial structure, etc. (hereinafter referred to as "possessor, etc") is unknown even after the lapse of the period for public announcement set forth in paragraph (1), the chief of a police station shall publicly announce the details of information specified under paragraph (1) in a daily newspaper: Provided, That the same shall not apply where it is not worthy making such public announcement in a daily newspaper from the viewpoint of its value as an asset. |
| 1. | Where the value is likely to diminish significantly, if its sale is not kept confidential; |
| 2. | Where it is concluded that there will be no bidder for such competitive tender; |
| 3. | Where a competitive tender is deemed improper on any other ground. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 35 (Return, etc. of Artificial Structures) |
| (1) | The chief of a police station shall, when returning an artificial structure, etc. or the proceeds from the sale thereof in his/her custody in accordance with Articles 71 (2) and 72 (2) of the Act to its possessor, etc., verify whether the person to whom it is to be returned is the rightful right-holder of the subject matter by confirming his/her name, address, and resident registration number. |
| (2) | The chief of a police station may, when returning an artificial structure, etc. or the proceeds from the sale thereof in accordance with paragraph (1), collect expenses incurred in relation to removal, transport, storage or sale of such artificial structure, etc. from its possessor, etc. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 36 (Measures to Be Taken When No Known Possessor Exists) |
| (1) | If a possessor, etc. who is entitled to receipt of a structure, etc. kept in custody is not known, or if the possessor, etc. fails to claim the return thereof even after the lapse of six months from the date of public announcement made in accordance with Article 34 (1), the chief of the police station may sell the artificial structure, etc. and keep the proceeds therefrom in custody. |
| (2) | If a person who is entitled to receipt of the proceeds from sale is not known, or if the possessor, etc. fails to claim the return thereof even after the passage of five years from the date on which public announcement was made about the proceeds from sale referred to in paragraph (1), the proceeds from such sale shall devolve on the National Treasury. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
CHAPTER VI TRAFFIC SAFETY EDUCATION
| Article 37 (Traffic Safety Education) |
| (1) | Traffic safety education specified in Article 73 (1) of the Act (hereinafter referred to as "traffic safety education") shall be provided through an one-hour educational program composed of audio-visual presentations, etc. about matters set forth in the subparagraphs of the same paragraph. |
| (2) | Matters necessary for the subjects, details, methods, hours, etc. of education specified in paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 38 (Special Traffic Safety Education) |
| (1) | Deleted. <by Presidential Decree No. 28814, Apr. 24, 2018> |
| (2) | Mandatory special traffic safety education under Article 73 (2) of the Act (hereinafter referred to as “mandatory special traffic safety education”) and recommended special traffic safety education under paragraph (3) of the same Article (hereinafter referred to as “recommended special traffic safety education”) shall be provided respectively through a 3 to 16 hour education course composed of lectures, audio-visual presentations, field experience training, etc. on the following matters: <Amended by Presidential Decree No. 28814, Apr. 24, 2018> |
| 2. | Traffic accidents and preventive measures; |
| 3. | Basics of safe driving; |
| 4. | Traffic laws and regulations and safety; |
| 5. | Driver's licenses and maintenance of motor vehicles; |
| 6. | Other matters necessary for securing traffic safety. |
| (3) | Mandatory special traffic safety education and recommended special traffic safety education (hereinafter referred to as “special traffic safety education”) shall be provided by the Road Traffic Authority. <Amended by Presidential Decree No. 25852, Dec. 16, 2014; Presidential Decree No. 28814, Apr. 24, 2018> |
| (4) | Matters necessary for the subjects, details, methods, hours, etc. of special traffic safety education, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (5) | When a person falling under Article 73 (2) 2 through 4 of the Act is unable to receive mandatory special traffic safety education due to any of the following events or causes, he/she shall submit an application for postponement of mandatory special traffic safety education prescribed by Ordinance of the Ministry of the Interior and Safety, to the chief of a police agency, along with a document evidencing the event or cause for postponement. In such cases, the person shall receive mandatory special traffic safety education within 30 days after such event or cause terminates, if his/her application for postponement of mandatory special traffic safety education is accepted: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017; Presidential Decree No. 28814, Apr. 24, 2018> |
| 1. | When he/she is made immobile due to a disease or injury; |
| 2. | When he/she is deprived of freedom and is detained or confined in custody for control purposes pursuant to statutes; |
| 3. | When any extenuating circumstance exists. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 38-2 (Traffic Safety Education for Drivers of Emergency Motor Vehicles) |
| 1. | A driver of any motor vehicle that falls under subparagraph 22 (a) through (c) of Article 2 of the Act; |
| 2. | A driver of any motor vehicle that falls under each subparagraph of Article 2 (1). |
| (2) | Education regarding the safe operation, etc. of emergency motor vehicles under Article 73 (4) of the Act (hereinafter referred to as “traffic safety education for emergency motor vehicles”) shall be provided according to the following classification: |
| 1. | New traffic safety education: Education provided for persons who intend to drive an emergency motor vehicle for the first time; |
| 2. | Regular traffic safety education: Education provided regularly every three years for persons who drive an emergency motor vehicle. In such cases, such person shall receive education from January 1 through December 31 of the year in which the date three years have elapsed counting from the date of recently receiving traffic safety education for emergency motor vehicles falls. |
| (3) | Traffic safety education for emergency motor vehicles shall be provided by the Road Traffic Authority: Provided, That where a person subject to traffic safety education for emergency motor vehicles belongs to a state agency or local government, such education may be provided by means of education and training the relevant state agency or local government provides. |
| (4) | New traffic safety education for emergency motor vehicles under paragraph (2) 1 and regular traffic safety education for emergency motor vehicles under subparagraph 2 of the same paragraph shall be provided for at least three hours and at least two hours, respectively, by means of lectures, audio-visual education, etc. on the following matters: |
| 1. | Road traffic statutes related to emergency motor vehicles; |
| 2. | Major characteristics of emergency motor vehicles; |
| 3. | Major cases of traffic accidents involving emergency motor vehicles; |
| 4. | Prevention of traffic accidents, and defensive driving; |
| 5. | Attitude of mind of drivers of emergency motor vehicles. |
| (5) | The subjects, details, methods, and hours of traffic safety education for emergency motor vehicles, and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted by Presidential Decree No. 28814, Apr. 24, 2018]
| Article 39 (Designation Standards, etc. for Traffic Safety Education Institutions) |
Standards for facilities, equipment, instructors, etc. for designation of traffic safety educational institutions under Article 74 (2) of the Act (hereinafter referred to as "traffic safety educational institutions") shall be as follows: | 1. | Standards for facilities and equipment: |
| (a) | The facilities shall meet standards for specialized driving schools (hereinafter referred to as "specialized driving schools") under subparagraphs 1 through 6 (excluding the standards for infirmary) of attached Table 5; |
| (b) | The institution shall be equipped with an electronic computer system for management of traffic safety education (including devices for personal identification) and educational instruments and materials for lectures, as prescribed and publicly notified by the Commissioner General of the Korean National Police Agency; |
| 2. | Standards for instructors: Every traffic safety educational institution shall have at least one instructor of traffic safety education under Article 76 of the Act. In such cases, an instructor of classroom subjects under Article 64 (1) 1 may be assigned as an instructor of traffic safety education concurrently. |
| 3. | Standards for operation: Every traffic safety educational institution shall be able to operate an one-hour education course at least five times a week, including a night course at least once every week, and a Saturday, Sunday or holiday course at least once every month. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 40 (Qualification Training, etc. for Instructors of Traffic Safety Education) |
| (1) | "Qualification training for instructors of traffic safety education prescribed by Presidential Decree" in Article 76 (2) 2 of the Act means training conducted by the Road Traffic Authority on the details and methods of implementation of the traffic safety education under Article 37 and qualifications required as an instructor of traffic safety education. |
| (2) | Training and education of instructors of traffic safety education under Article 76 (5) of the Act shall be governed by Article 70. |
[This Article is Wholly Amended by Presidential Decree No. 23350, Dec. 6, 2011]
| Article 41 (Traffic Safety Education) |
"Education meeting the standards prescribed by Presidential Decree" in Article 77 (2) of the Act means the education set forth in Article 37. [This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
CHAPTER VII DRIVER'S LICENSE
| Article 42 (Scope of Persons Disqualified for Driver's Licenses) |
| (1) | "Person determined by Presidential Decree" in Article 82 (1) 2 of the Act means a person who, according to a specialist’s diagnosis in the relevant medical field, is incapable of driving under normal conditions due to any mental disorder, such as dementia, schizophrenia, schizo-affective disorder, bipolar affective disorder, recurrent depressive disorder, mental retardation, epilepsy, or any other similar disorder. <Amended by Presidential Decree No. 26351, Jun. 30, 2015> |
| (2) | "The physically handicapped determined by Presidential Decree" in Article 82 (1) 3 of the Act means a person incapable of sitting steadily due to any physical disability in a leg, head, spine, or any other part of the body: Provided, That where such person is capable of driving under normal conditions by using a motor vehicle manufactured to suit his/her physical handicap and approved as such shall be excluded therefrom. <Amended by Presidential Decree No. 25007, Dec. 17, 2013> |
| (3) | "Person determined by Presidential Decree" in Article 82 (1) 5 of the Act means a person who, according to a specialist’s diagnosis in the relevant medical field, is incapable of driving under normal conditions due to a disorder relating to narcotic, marijuana, psychoactive drug, or alcohol. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 43 (Implementation of Tests for Drivers' Licenses) |
| (1) | "Driver's licence test prescribed by Presidential Decree" in the proviso to Article 83 (1) of the Act means a driver's license test for a license for driving a motorcycle. |
| (2) | A person wishing to apply for a driver's license test under Article 83 (1) or (2) of the Act shall file an application prescribed by Ordinance of the Ministry of the Interior and Safety, with the Road Traffic Authority: Provided, That an application for the motorcycle driver's license test under paragraph (1) shall be filed with the commissioner of a district police agency having jurisdiction over an area the test is conducted or the Road Traffic Authority. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 44 (Place of Tests for Drivers' Licenses) |
The place of driver's license tests shall be determined by the Road Traffic Authority: Provided, That the place for the motorcycle driver's license test conducted by the commissioner of a district police agency or the Road Traffic Authority in the proviso to Article 83 (1) of the Act and Article 43 (1) of this Decree shall be determined and publicly announced by the commissioner of a district police agency or the Road Traffic Authority. <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
| Article 45 (Standards for Aptitude Required for Driving Motor Vehicles, etc.) |
| (1) | A test of aptitude required for driving motor vehicles, etc. under Articles 83 (1) 1, 87 (2), and 88 (1) of the Act (hereinafter referred to as "aptitude test"), shall be conducted to ascertain whether the following standards are met: Provided, That the standard set forth in subparagraph 2 shall not apply to the aptitude test conducted under Articles 87 (2) and 88 (1) of the Act, and the standard set forth in subparagraph 3 shall apply only where it is intended to obtain a driver's license for large motor vehicle or special motor vehicle, among Class I driver's licenses: <Amended by Presidential Decree No. 27626, Nov. 29, 2016> |
| 1. | Visual acuity (including the corrected visual acuity) shall meet the following standards: |
| (a) | For Class I driver's licenses: Visual acuity shall be at least 0.8 with both eyes tested together, and at least 0.5 in either eye: Provided, That where a person who has lost the sight of one eye intends to obtain a driver's license for ordinary motor vehicles, his/her visual acuity of the other eye shall be at least 0.8, and he/she shall have altitudinal visual range of 120 degrees and vertical visual range of 20 degrees, and there shall be no scotoma or hemianopia within central visual range of 20 degrees; |
| (b) | For Class II driver's licenses: Visual acuity shall be at least 0.5 with both eyes tested together: Provided, That a person with monocular vision shall have the visual acuity of at least 0.6 in a single eye; |
| 2. | The eyes shall be able to discern the colors of red, green, and yellow; |
| 3. | One shall be able to hear sound of 55 decibels (40 decibels if the examinee wears a hearing aid); |
| 4. | One shall not have any other physical or mental disability deemed to impede driving under normal conditions, such as trouble in operating the steering wheel or any other apparatus freely as intended: Provided, That the same shall not apply where one is deemed able to drive under normal conditions by using aids or a motor vehicle manufactured to suit his/her physical handicap and approved as such. |
| (2) | The Road Traffic Authority may determine whether a person meets the standards for aptitude tests prescribed under paragraph (1), on the basis of the following documents: Provided, That whether a person meets the standards for aptitude tests prescribed in the proviso to paragraph (1) 1 (a) shall be determined only through a document referred to in subparagraph 1 (c): <Amended by Presidential Decree No. 25364, May 28, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25946, Dec. 31, 2014; Presidential Decree No. 27626, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Any of the following documents issued within two years from the date the application for a test for a driver's license is filed: |
| (d) | A notice of the results of a physical examination for determining the suitability for military service under Article 11 of the Military Service Act (including a physical examination for volunteers for active duty service); |
| 2. | A medical history report prescribed by Ordinance of the Ministry of the Interior and Safety (excluding the cases of Class I driver's licenses for ordinary motor vehicles and Class II driver's licenses); |
| 3. | A report on a disease or body prescribed by Ordinance of the Ministry of the Interior and Safety (applicable only to the cases of Class I driver's licenses for ordinary motor vehicles and Class II driver's licenses). |
| (3) | Where a person impracticable to be determined whether he/she falls under the main sentence of paragraph (1) 4 by any document referred to in each subparagraph of paragraph (2) falls under cases prescribed by Ordinance of the Ministry of the Interior and Safety, such as the fact that he/she has received technical education referred to in Article 60 (3) for at least two hours in a driving school, etc., he/she shall be deemed to meet the aptitude test standards prescribed in the proviso to paragraph (1) 4. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | Deleted. <Presidential Decree No. 25946, Dec. 31, 2014> |
| (5) | Matters necessary for the aids that those who fall under the proviso to paragraph (1) 4 have to be equipped with, structures of motor vehicles, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 46 (Tests of Knowledge on Statutes Governing Motor Vehicles, etc. and Road Traffic) |
The test of knowledge on statutes governing motor vehicles, etc. and road traffic under Article 83 (1) 2 of the Act shall be conducted to test the following matters: | 1. | Provisions of the Act and the orders thereunder; |
| 3. | Matters concerning registration and inspection of motor vehicles, etc. as stated in the provisions of the Motor Vehicle Management Act and the orders thereunder; |
| 4. | Matters provided for in the traffic safety rules and guidelines for traffic safety education under Article 144 of the Act. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 47 (Tests on Maintenance Techniques of Motor Vehicles, etc. and Essential Points of Inspection Required for Safe Driving) |
| (1) | The test on the maintenance techniques of motor vehicles, etc. and essential points of inspection required for safe driving under Article 83 (1) 3 of the Act shall be conducted to test the following matters: |
| 1. | Basic essential points for inspection of motor vehicles, etc.; |
| 2. | Discernment of minor troubles; |
| 3. | Maintenance techniques of system operation, including operating techniques for saving fuel; |
| 4. | Matters provided for in the traffic safety rules and guidelines for traffic safety education under Article 144 of the Act. |
| (2) | The test under paragraph (1) shall be conducted separately for each type of motor vehicle, etc. according to the classification of the relevant license. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 48 (Tests of Skills Required for Driving Motor Vehicles, etc.) |
| (1) | Tests for skills required for driving motor vehicles, etc. under Article 83 (1) 4 of the Act (hereinafter referred to as "skill test on test course") shall be conducted to test the following matters: |
| 1. | Ability to operate the operating system; |
| 2. | Ability to drive a vehicle in compliance with traffic laws and regulations; |
| 3. | Ability to perceive and judge situations while driving. |
| (2) | The types of motor vehicles, etc. to be used for skill tests on test course shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Skill tests on test course shall be scored by an electronic scoring system: Provided, That tests for skills prescribed by Ordinance of the Ministry of the Interior and Safety may be scored by the tester of the driver's license in person. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | Matters necessary for the specifications, installation, useful life, etc. of the electronic scoring systems specified in paragraph (3) shall be prescribed by the Commissioner General of the Korean National Policy Agency. |
| (5) | Any person who fails to pass a skill test on test course may re-apply for a skill test on test course after the lapse of at least three days from the date of his/her failure. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 49 (Tests of Competence for Driving Motor Vehicles on Roads) |
| (1) | The tests of competence for driving motor vehicles on the road in accordance with Article 83 (2) of the Act (hereinafter referred to as "on-road driving test") shall be conducted to test the following matters: |
| 1. | Ability to operate the operating system on the road; |
| 2. | Ability to operate a motor vehicle on the road in compliance with traffic laws and regulations. |
| (2) | On-road driving tests shall be conducted for those who have obtained student licenses specified in Article 80 (2) 3 of the Act (hereinafter referred to as "student license"). |
| (3) | The standards for road condition and the types of motor vehicles used for on-road driving tests shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | Any person who fails to pass an on-road driving test may re-apply for the on-road driving test after the lapse of at least three days from the date of his/her failure. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 50 (Driver's License Test Processes, Criteria for Passing, etc.) |
| (1) | Tests specified in Articles 46 and 47 shall be written tests, and only the examinees who successfully pass such tests shall be entitled to take the skill test on test course: Provided, That a physically disabled person who falls under the proviso to Article 45 (1) 4 or an illiterate person may be allowed to sit an oral test in place of a written test, if it is deemed impracticable for such person to take a written test. |
| (2) | The maximal score of each of the tests specified in Articles 46 and 47 shall be 100 points, and one is required to obtain at least 70 points each to successfully pass the test for Class I driver's license or at least 60 points each for Class II driver's license. The same shall also apply where the tests specified in Articles 46 and 47 are conducted as a combined test. |
| (3) | The maximal score of the on-road driving test shall be 100 points, and one is required to obtain at least 70 points to pass the test. |
| (4) | An examinee of a driver's license test (excluding Class I or II driver's license tests for ordinary motor vehicles) shall satisfy the standards for aptitude test provided for in Article 45 and pass all tests provided for in Articles 46 through 48 to successfully pass the driver's license test. |
| (5) | An examinee of a driver's license test for either Class I or II driver's license for ordinary motor vehicles shall hold a valid Class I or II student license for ordinary motor vehicles and pass an on-road driving test to successfully pass the driver's license test. |
| (6) | A person who successfully passes tests provided for in Articles 46 and 47 shall be exempted from the tests successfully passed only for the driver's license tests subsequently conducted within one year from the date he/she passes the tests. |
| (7) | Matters necessary for driver's license tests, other than those provided for in paragraphs (1) through (6), shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 51 (Criteria for Partial Exemption from Driver's License Tests) |
The criteria for partial exemption from the driver's license test under Article 84 (1) of the Act shall be as provided for in attached Table 3. [This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 52 (Partial Exemption from Driver's License Tests for Holders of Foreign Drivers' Licenses) |
| (1) | The scope of partial exemption from the driver's licence examination for a holder of a foreign driver's license under the main sentence of Article 84 (2) of the Act (referring to a foreign driver's license obtained in a foreign country where the holder thereof has stayed for a period exceeding 90 days, which is neither a temporary license not a student license) shall be as provided for in attached Table 3. |
| (2) | "Foreigners residing in the Republic of Korea for purposes prescribed by Presidential Decree such as diplomacy, official business or research" in the proviso to Article 84 (2) of the Act means those who reside in the Republic of Korea with legal status for stay, as set forth in attached Table 1 and 1-2 to the Enforcement Decree of the Immigration Control Act, for the purpose of diplomacy, official affairs, a pact or agreement, corporate investment, trade or business management, teaching, research, technical advice, or specific activities, or overseas Koreans, their spouses, and their unmarried children of less than 19 years of age. <Amended by Presidential Decree No. 29163, Sep. 18, 2018> |
| (3) | The Minister of Foreign Affairs shall survey, at least once a year, the states which exempt persons who hold drivers' licenses of the Republic of Korea from all the courses of the driver's license test with the exception of the aptitude test (hereinafter referred to as "countries that recognize a Korean drivers' licence"), and shall notify the Commissioner General of the Korean National Police Agency of the results thereof. |
| (4) | The Commissioner General of the Korean National Police Agency shall, upon receiving, from the Minister of Foreign Affairs in accordance with paragraph (3), a notice of countries that recognize a Korean drivers' licence, confirm the scope of those countries that recognize a Korean drivers' licence and issue a public notice thereof. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 53 (Renewal of Drivers' Licenses) |
| (1) | A person required to have his/her driver's license renewed pursuant to Article 87 (1) of the Act, shall submit an application prescribed by Ordinance of the Ministry of the Interior and Safety, to the commissioner of a district police agency, during a period set for renewal of such driver's license under the subparagraphs of the same paragraph. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | The Road Traffic Authority that provides services for issuance of renewed drivers' licenses pursuant to Article 86 (5) 3 shall record the details of issuance of the renewed drivers' licenses in the register prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 54 (Regular Aptitude Tests, etc.) |
| (1) | A person obligated to take a regular aptitude test under Article 87 (2) of the Act, shall file an application with the Road Traffic Authority, during a period set for renewal of such driver's license under the subparagraphs of Article 87 (1) of the Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27626, Nov. 29, 2016> |
1 Through 4. Deleted. <by Presidential Decree No. 27626, Nov. 29, 2016>
| (2) | The commissioner of a district police agency shall issue a new driver's license to an applicant who successfully passes a regular aptitude test. |
| (3) | The Road Traffic Authority shall record the details of regular aptitude tests in the register prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 55 (Postponement, etc. of Issuance of Renewed Drivers' Licenses and Regular Aptitude Tests) |
| (1) | Where a person required to have his/her driver's license renewed pursuant to Article 87 (1) of the Act (including regular aptitude tests, where he/she is obligated to undergo a regular aptitude test pursuant to Article 87 (2) of the Act; hereafter in this Article the same shall apply) is unable to have his/her driver's license renewed during a period set for renewal of the license due to any of the following causes or events, he/she shall have it renewed in advance before the period for renewal thereof or submit to the commissioner of a district police agency (including the Road Traffic Agency, where he/she is obliged to undergo a regular aptitude test; hereafter in this Article the same shall apply), an application for postponement of the issuance of the renewed driver's license, appending thereto a document evidencing such event or cause for postponement, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27617, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | When he/she stays abroad; |
| 2. | When he/she suffers a disaster or calamity; |
| 3. | When he/she is immobilized due to a disease or injury; |
| 4. | When he/she is deprived of personal freedom and is detained or confined in custody pursuant to statutes; |
| 5. | When he/she is in military service (including substitute service as a conscripted police officer or a compulsory fire-fighter pursuant to the Military Service Act, but limited to a private soldier); |
| 6. | When there are any other reasonable grounds generally acceptable by social norms as unavoidable. |
| (2) | The commissioner of a district police agency shall either issue a renewed driver's license in advance before the period for renewal or postpone the period for renewal of the driver's license, if a reason for application filed under paragraph (1) is deemed reasonable. |
| (3) | A person, for whom the period for renewal of the driver's license is postponed pursuant to paragraph (2), shall have his/her driver's license renewed within three months from the date such cause or event terminates. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 56 (Occasional Aptitude Tests) |
| (1) | "Grounds prescribed by Presidential Decree, such as postnatal disability that impedes the safe driving of a motor vehicle" in Article 88 (1) of the Act means any of the following grounds: |
| 1. | Where there exist reasonable grounds to believe that a case falls under any subparagraph of Article 82 (1) 2 through 5 of the Act or any other physical disability, etc. that impedes safe driving; |
| 2. | Where personal information about the postnatal disability, etc. has been notified to the Commissioner General of the Korean National Police Agency pursuant to Article 89 of the Act. |
| (2) | The Road Traffic Authority shall notify a person required to take an occasional aptitude test because he/she falls under any ground provided for in paragraph (1) of such fact by registered mail or other means, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Each person who receives the notification under paragraph (2) shall take an occasional aptitude test (hereinafter referred to as "person subject to an occasional aptitude test") within three months from the date set by the Road Traffic Authority. |
| (4) | Each person subject to an occasional aptitude test shall submit an application for an occasional aptitude test prescribed by Ordinance of the Ministry of the Interior and Safety, to the Road Traffic Authority, during a period in which the occasional aptitude test is administered under paragraph (3). <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (5) | The determination as to whether a person falling under Article 82 (1) 2 or 5 of the Act passes an occasional aptitude test shall be made, as prescribed by Ordinance of the Ministry of the Interior and Safety, after seeking an opinion from a physician who conducts a close examination (referring to a physician commissioned by the Road Traffic Authority for conducting close examinations of the aptitude for driving in various aspects; hereinafter the same shall apply). <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (6) | Allowances may be paid within budgetary limits to a physician for the close examination who submits his/her opinion under paragraph (5). |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 57 (Postponement, etc. of Occasional Aptitude Tests) |
| (1) | When a person subject to an occasional aptitude test is unable to take such test during a period set for the test due to any of the following causes or events, he/she shall submit, to the Road Traffic Authority, an application to either take the test in advance before the period set for the test or to postpone the test, appending thereto a document evidencing such event or cause for postponement, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27617, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | When he/she stays abroad; |
| 2. | When he/she suffers a disaster or calamity; |
| 3. | When he/she is immobilized due to a disease or injury; |
| 4. | When he/she is deprived of personal freedom and is detained or confined in custody pursuant to statutes; |
| 5. | When he/she is in military service (including substitute service as a conscripted police officer or a compulsory fire-fighter pursuant to the Military Service Act, but limited to a private soldier); |
| 6. | When there are any other reasonable grounds generally acceptable by social norms as unavoidable. |
| (2) | The Road Traffic Authority shall either conduct an occasional aptitude test earlier than the prescribed period, or postpone the test only once, if a reason for application filed under paragraph (1) is deemed reasonable. |
| (3) | Each person who has an occasional aptitude test postponed pursuant to paragraph (2), shall take an occasional aptitude test within three months from the date such cause or event terminates. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 58 (Notification of Personal Information Pertaining to Occasional Aptitude Tests) |
| (1) | "Head of the agency prescribed by Presidential Decree" in Article 89 (1) of the Act, means any of the following: <Amended by Presidential Decree No. 27626, Nov. 29, 2016> |
| 1. | The Administrator of the Military Manpower Administration; |
| 2. | The Minister of Health and Welfare; |
| 3. | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply); |
| 4. | The Chief of Staff of the Army, the Chief of Staff of the Navy, the Chief of Staff of the Air Force, and the Commander of Marine Corps; |
| (2) | Under Article 89 (2) of the Act, each person set forth in any subparagraph of paragraph (1) shall notify personal information provided for in attached Table 4 to the Commissioner General of the Korean National Police Agency at least once a quarter, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 59 (Grounds for Exceptions to Revocation of Student Licenses) |
| 1. | Where an examinee causes a traffic accident while driving a vehicle under the instruction of a person in charge of on-road driving tests in the Road Traffic Authority, an instructor of a driving school, or an instructor or a skill examiner of a specialized driving school; |
| 2. | Where an examinee causes a traffic accident at a place other than a road; |
| 3. | Where an examinee causes a traffic accident, resulting in damage only to property. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
CHAPTER VIII DRIVING SCHOOLS
| Article 60 (Registration of Driving Schools) |
| (1) | Each person who intends to establish and run a driving school pursuant to Article 99 of the Act (hereinafter referred to as "driving school"), shall submit to the commissioner of a district police agency a registration application containing the following descriptions, appending thereto the documents prescribed by Ordinance of the Ministry of the Interior and Safety, such as a document specifying the principles in operation, etc. of the driving school: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Personal information of the founder and operator (in cases of a legal person, referring to executives of such legal person, and in cases of the joint establishment and operation, referring to both the founder and operator; hereinafter the same shall apply); |
| 2. | Facilities and equipment; |
| 3. | Names, fixed numbers, and details of assignments of instructors; |
| 5. | Planned date of establishment. |
| (2) | The principles in operation, etc. of a driving school referred to in paragraph (1) shall include the following: |
| 1. | Objectives, name, and location of the driving school; |
| 2. | Prescribed number of students by education courses; |
| 3. | Curriculum and class hours; |
| 4. | Matters concerning admission and discharge of students; |
| 5. | Education period and recess; |
| 6. | Criteria for recognition of completion of education courses; |
| 7. | Tuition fees and usage charges. |
| (3) | No driving school shall register part of its education courses separately among the education of statutes, knowledge, etc. related to road traffic necessary for driving motor vehicles, etc. (hereinafter referred to as "education of class room subjects"), education for learning skills necessary for driving motor vehicles, etc. (hereinafter referred to as "skill training"), and training for learning skills for driving on the road (hereinafter referred to as "on-road training"). |
| (4) | If an application for registration submitted under paragraph (1) satisfies standards prescribed in Articles 101 through 103 of the Act, the commissioner of a district police agency shall issue a registration certificate to the applicant, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 61 (Modification of Registration) |
| (1) | "Registered matters prescribed by Presidential Decree" in the latter part of Article 99 of the Act means the following: |
| 1. | Personal information of the founder and operator; |
| 2. | Name or location of the driving school; |
| 3. | Matters concerning places for classrooms, resting area, infirmary, area for skill training (hereinafter referred to as "skill training area"), or motor vehicles for training under subparagraph 1, 6, 7, or 9 of attached Table 5; |
| 4. | Principles in operation, etc. of the driving school. |
| (2) | Each person who intends to modify registration of a driving school under the latter part of Article 99 of the Act shall submit to the commissioner of a district police agency an application for modification of registration, appending thereto documents prescribed by Ordinance of the Ministry of the Interior and Safety which can substantiate the modified matters. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | If an application for registration submitted under paragraph (2) satisfies standards prescribed in Articles 101 through 103 of the Act, the commissioner of a district police agency shall reissue a registration certificate after entering the modified matters. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 62 (Conditional Registration) |
| (1) | Each person who intends to apply for conditional registration of a driving school in accordance with Article 100 of the Act (hereinafter referred to as "conditional registration"), shall submit to the commissioner of a district police agency an application for conditional registration with the descriptions specified under Article 60 (1), appending thereto documents prescribed by Ordinance of the Ministry of the Interior and Safety, such as a document stating the principles in operation, etc. of the driving school. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Upon reviewing the details of an application submitted under paragraph (1), the commissioner of a district police agency may accept such conditional registration on condition that it shall have the facilities, equipment, etc. referred to in Article 63 (1) within one year, if the driving school is deemed able to satisfy such standards within one year. |
| (3) | Where a person who has completed the conditional registration applies for the extension of the period of conditional registration due to any extenuating circumstances under which he/she is unable to prepare the facilities, equipment, etc. within a period set forth in paragraph (2), the commissioner of a district police agency may extend the period only once by up to six months. |
| (4) | Each person who has completed the conditional registration shall submit to the commissioner of a district police agency a report on completion of facilities and equipment, appending thereto documents prescribed by Ordinance of the Ministry of the Interior and Safety, within ten days after a period set forth in paragraphs (2) and (3) expires. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (5) | Upon receiving a report set forth in paragraph (4), the commissioner of a district police agency shall confirm whether the details thereof satisfy standards for registration, and if they conform thereto, he/she shall issue a registration certificate, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 63 (Standards for Facilities, Equipment, etc. of Driving Schools) |
| (1) | Standards for facilities, equipment, etc. of driving schools under Article 101 of the Act shall be as provided for in attached Table 5. |
| (2) | Motor vehicles, etc. for skill training (hereinafter referred to as "skill training vehicles") at skill training areas and motor vehicles for road training (hereinafter referred to as "road training vehicles") shall have the structure that meets standards prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Each road training vehicle shall post a sign, such as a sign of road training, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | The types, shapes, and structures of courses in skill training areas, and the standards for roads for conducting road training shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 64 (Qualifications, etc. for Instructors of Driving Schools) |
| 1. | An instructor of classroom subjects: A person to whom a certificate of qualification for an instructor of classroom subjects is issued pursuant to Article 106 (2) of the Act; |
| 2. | An instructor of skill training: A person to whom a certificate of qualification for an instructor of skill training is issued pursuant to Article 106 (2) of the Act. |
| (2) | Standards for the prescribed number of instructors and their assignments in a driving school under Article 103 (1) of the Act, shall be as follows. In such cases, no motor vehicle, etc. for reserve in preparation for troubles (hereinafter referred to as "motor vehicles, etc. for reserve"), shall be included in motor vehicles for education, etc.: <Amended by Presidential Decree No. 27379, Jul. 26, 2016> |
| 1. | Instructors for education of classroom subjects: At least one instructor per one classroom; |
| 2. | Instructors for skill training: |
| (a) | Class I driver's licenses for large motor vehicles, Class I student licenses for ordinary motor vehicles, or Class II student licenses for ordinary motor vehicles: At least three instructors per ten motor vehicles for education, respectively: Provided, That the driving school shall have at least one instructor where the number of motor vehicles for education for Class I student licenses for ordinary motor vehicles or Class II student licenses for ordinary motor vehicles is less than ten, respectively; |
| (b) | Class I driver's licenses for special motor vehicles: At least one instructor per two motor vehicles for education, respectively; |
| (c) | Class II driver's licenses for small motor vehicles and driver's licenses for motorcycle: At least one instructor per ten vehicles, such as motor vehicles, etc. for education; |
| 3. | Instructors for education of road driving skills: At least one instructor per one motor vehicle for education. |
| (3) | Every person who has established and runs a driving school shall secure the prescribed number of instructors under paragraph (2), and shall fill any vacancy without delay, whenever any vacancy arises for an instructor. |
| (4) | Every instructor of a driving school (including a specialized driving school pursuant to Article 104 of the Act) shall observe the following provisions: |
| 1. | He/she shall maintain his/her dignity as an educator and teach students conscientiously; |
| 2. | He/she shall never arrange, incite, or help a third party to obtain a driver's license fraudulently or deceptively; |
| 3. | He/she shall never receive money, goods, entertainment, or any other unfair benefit in connection with his/her driving education; |
| 4. | He/she shall never enter a false record of attendance for a student; |
| 5. | He/she shall complete training programs under Article 70 (1); |
| 6. | He/she shall adhere to instructions given by the commissioner of a district police agency in connection with education for driving motor vehicles. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 65 (Curriculum, etc. of Driving Schools) |
| (1) | The curriculum, education methods, and operating standards of driving schools under Article 103 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017; Presidential Decree No. 29654, Mar, 26, 2019> |
| 1. | Curriculum: Each driving school shall provide education by separating the courses for education of classroom subjects, skill training, and on-road training; |
| (a) | The education shall be conducted for at least the minimum hours prescribed by Ordinance of the Ministry of the Interior and Safety for each scope of a driver's license; |
| (b) | The education hours for classroom subjects for each student shall not exceed seven hours a day, while those for skill training or road training shall not exceed four hours a day; |
| (c) | The road training shall be provided on the road that meets standards set forth in Article 63 (4); |
| (a) | The education shall be conducted for students within the extent of the fixed number prescribed by Ordinance of the Ministry of the Interior and Safety; |
| (b) | No office, etc. shall be operated separately outside of a driving school to solicit students; |
| (c) | No driving school shall indicate or advertise information which may cause students to make a mistake on the location of a driving school, contact details, and training sessions; |
| (d) | No driving school shall induce students who have not completed the whole training session to apply for a driver's license. |
| (2) | Matters necessary for education methods and operating standards, other than those prescribed in paragraph (1), including the subjects and sequence of education courses, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 66 (Designation of Specialized Driving Schools) |
| (1) | Each person who intends to be designated as a specialized driving school under Article 104 (1) of the Act, shall have the facilities, equipment, etc. specified in Article 67 (2) and (3), and shall file an application for designation of a specialized driving school with the commissioner of a district police agency, appending thereto a document stating the principles in operation, etc. of the driving school, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | If an application for designation filed under paragraph (1) meets the requirements set forth in Article 104 (1) and (2) of the Act, the commissioner of a district police agency shall designate the relevant driving school as a specialized driving school. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 67 (Standards for Designating Specialized Driving Schools) |
| (1) | Standards for assigning instructors and skill examiners of a specialized driving school under Article 104 (1) 2 of the Act, shall be as follows. In such cases, motor vehicles, etc. for reserve in preparation for troubles shall be excluded from motor vehicles, etc. for education: <Amended by Presidential Decree No. 27379, Jul. 26, 2016> |
| 1. | Instructors for education of classroom subjects: At least one instructor per eight-hour education of classroom subjects a day; |
| 2. | Instructors for skill training: |
| (a) | Class I driver's licenses for large motor vehicles: At least three instructors per ten motor vehicles for education; |
| (b) | Class I student licenses for ordinary motor vehicles, or Class II student licenses for ordinary motor vehicles: At least five instructors per ten motor vehicles for education, respectively; |
| (c) | Class I driver's licenses for special motor vehicles: At least one instructor per two motor vehicles for education, respectively; |
| (d) | Class II driver's licenses for small motor vehicles and driver's licenses for motorcycle: At least one instructor per ten motor vehicles, etc. for education; |
| 3. | Instructors for skill training of road driving: At least one instructor per one motor vehicle for education; |
| 4. | Skill examiners: At least one skill examiner per 200 students. |
| (2) | Standards for the facilities, equipment, etc. of a specialized driving school under Article 104 (1) 3 of the Act, shall be as provided for in attached Table 5. |
| (3) | Article 63 (2) through (4) shall apply mutatis mutandis to standards for motor vehicles for education in specialized driving schools, the signs of motor vehicles for road training, types, shapes, and structures of the courses in the skill training area, and the road on which the road training, the road driving examination, etc. are to be conducted. |
| 1. | The school shall provide its education courses in compliance with the curriculum, education methods, and operating standards under Article 65; |
| 2. | The school shall ensure that each of the education courses of classroom subjects, skill training, and road training is completed within three months, respectively. |
| (5) | As to the abilities of graduates to drive motor vehicles under Article 104 (1) 4 of the Act, the pass rates of on-road driving tests of the students who have completed education courses of a specialized driving school shall be at least 60 percent for six months from the date of designation of a specialized driving school. <Amended by Presidential Decree No. 29654, Mar. 26, 2019> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 68 (Changes in Important Matters of Specialized Driving Schools) |
| 1. | School superintendent; |
| 2. | Name or location of the specialized driving school; |
| 3. | Matters concerning the classrooms, resting areas, infirmary, skill training areas, or motor vehicles for training under subparagraph 1, 6, 7, or 9 of attached Table 5; |
| 4. | Principles in operation, etc. of the specialized driving school. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 69 (Methods, etc. of Skill Examinations) |
| (1) | The examination of skills for driving motor vehicles, etc. under Article 83 (1) 4 of the Act (hereinafter referred to as "internal skill examination") among the skill examinations referred to in Article 108 (1) of the Act (hereinafter referred to as "skill examinations") shall be administered by a skill examiner in the skill training area of the specialized driving school with a motor vehicle for skill training in compliance with the standards for a test set forth in Article 48 for each scope of a driver's license. |
| (2) | The examination of driving abilities on the road under Article 83 (2) of the Act (hereinafter referred to as "road driving skill examinations") among skill examinations shall be administered by a skill examiner on the road that meets the standards referred to in Article 67 (3) with a vehicle for training of road driving for each scope of a driver's license in compliance with standards for a test set forth in Article 49 (1). |
| (3) | The internal skill examination shall be conducted for those who are not disqualified for a driver's license under Article 82 of the Act and have completed the whole education of classroom subjects and skill training within six months before the date of the internal skill examination, while the road driving skill examination shall be conducted for those who have finished the training course of road driving and whose student license has not yet expired. |
| (4) | A student who has failed to pass either the internal skill examination or the road driving skill examination may take the skill examination again after the lapse of three days from the date of his/her failure in the internal skill examination or the road driving examination. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 70 (Training Programs for Instructors, etc.) |
| (1) | When deemed necessary, due to an amendment to a statute governing road traffic or on any other occasion pursuant to Article 109 (1) of the Act, the commissioner of each district police agency may conduct a training program for persons who have established and run a driving school or a specialized driving school (hereinafter referred to as "driving school, etc"), instructors, or skill examiners. |
| (2) | A person who has established and runs a driving school, etc. shall provide expenses, supplies, etc. necessary for training programs conducted for instructors and skill examiners in accordance with paragraph (1). |
| (3) | The commissioner of each district police agency may conduct an examination on matters learned through training programs under paragraphs (1) and (2), and notify the results thereof to a person who has established and runs a driving school, etc., for which the instructors and skill examiners work. |
| (4) | Matters necessary for the training program other than those provided for in paragraphs (1) through (3) shall be prescribed by the Commissioner General of the Korean National Police Agency. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 70-2 (Adjustment of Tuition Fees, etc.) |
| (1) | If the education of a driving school is deemed likely to become unreliable because a person who has established and runs the driving school, etc. receives expenses incurred in relation to the education of driving, skill examination, etc. (hereinafter referred to as "tuition fees, etc.") below the cost without justifiable grounds, the commissioner of a district police agency may recommend a person who has established and runs the driving school, etc. to adjust tuition fees, etc., pursuant to Article 110 (4) of the Act. |
| (2) | If a person who has established and runs a driving school, etc. fails to comply with a recommendation to adjust tuition fees, etc. issued under paragraph (1), the commissioner of a district police agency may order an adjustment of the tuition fees, etc., following deliberation by the Committee on Adjustment of Tuition Fees. |
| (3) | If necessary for conducting affairs pertaining to adjustment under paragraphs (1) and (2), the commissioner of a district police agency may request a person who has established and runs a driving school, etc. to submit data about computation of tuition fees, etc. including the cost breakdown, pursuant to Article 141 (1) and (2) of the Act. |
| (4) | Matters necessary for the composition and operation of the Committee on Adjustment of Tuition Fees referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 71 (Refund, etc. of Tuition Fees, etc. by Driving Schools, etc.) |
| (1) | Where a person who has established and runs a driving school, etc. intends to transfer a student thereof to another driving school, etc. in accordance with Article 111 (1) of the Act, he/she shall issue a certificate of completion of an education course prescribed by Ordinance of the Ministry of the Interior and Safety, to certify the fact that the student has received the education. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | If a person who has established and runs a driving school, etc. is requested to accept the transfer of a student from another driving school, etc. under paragraph (1), he/she shall take measures to accept the student within the extent not exceeding the prescribed number of students. |
| (3) | The refund of tuition fees, etc. provided for in Article 111 (2) of the Act shall be made pursuant to the following classifications: |
| 1. | Before the commencement of the education course: The full amount of the tuition fees, etc. already paid; |
| 2. | After the commencement of the education course: |
| (a) | An amount calculated by multiplying the tuition fees, etc. already paid by the ratio of the remaining class hours to total class hours, if it is impracticable to continue the education course due to a cause ascribable to the driving school, etc., such as being subject to suspension of operation; |
| (b) | An amount calculated by multiplying the tuition fees already paid by the ratio of the remaining class hours to total class hours, where education is impracticable because of any disease or injury of a student, or the student is unable to continue to attend his/her class (limited to where he/she has not obtained a driver's license) by unavoidable reasons, such as detention of the body in custody, etc. pursuant to statutes; |
| (c) | An amount equivalent to one half of the amount calculated by multiplying the tuition fees, etc. already paid by the ratio of the remaining class hours to total class hours, where a student is unable to continue to attend his/her class by unavoidable reasons attributable to him/her, such as his/her abandonment of a class, etc. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 72 (Guidance, Supervision, etc. of Federation of Specialized Driving Schools) |
| (1) | When deemed necessary for guidance and supervision of a federation of specialized driving schools (hereinafter referred to as the "Federation") pursuant to Article 119 (6) of the Act, the Commissioner General of the Korean National Police Agency may require the Federation to submit a business plan or a report on the business performance, or assign a public official under his/her control to inspect the accounting books, documents, etc. of the Federation. |
| (2) | The Commissioner General of the Korean National Police Agency may disclose the information about the scale, management status, educational conditions, and performance of specialized driving schools, and other information helpful in inspecting the educational achievements of specialized driving schools, which have been collected and controlled by the Federation, in order to provide students with information about the education of driving conducted by specialized driving schools. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
CHAPTER IX ROAD TRAFFIC AUTHORITY
| Article 73 (Mandatory Details in Registration of Establishment) |
The mandatory details in the registration of the establishment of the Road Traffic Authority (hereinafter referred to as the "Authority") shall be as follows:
| 3. | Address of a principal office; |
| 4. | Names and addresses of executives; |
| 5. | Matters pertaining to assets; |
| 6. | Methods of public announcement. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 74 (Registration of Establishment of Branches, etc.) |
| (1) | The Authority shall register the establishment of its branch, research institute, traffic accident analysis center, traffic broadcasting station and driver's license examination area (hereinafter referred to as "branch, etc") in accordance with the following classifications, whenever such branch, etc. is established pursuant to Article 121 of the Act: |
| 1. | It shall register the name and address of a newly established branch, etc. within 14 days at the seat of the Authority: Provided, That the branches, etc. established simultaneously at the time of the establishment of the Authority shall be registered simultaneously when the establishment of the Authority is registered; |
| 2. | It shall register the descriptions set forth in the subparagraphs of Article 73 within 21 days with the registry having jurisdiction over the locality of a newly established branch, etc.; |
| 3. | It shall register the name and address of a newly established branch, etc. within 21 days with the registry having jurisdiction over the locality of an existing branch, etc. already established. |
| (2) | Where a branch, etc. is newly established within the jurisdiction of a registry having jurisdiction over the locality of the Authority or a branch, etc., only the name and the locality of such new branch, etc. shall be registered within a period prescribed in the subparagraphs of paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 75 (Registration of Change of Address) |
| (1) | If the Authority or one of its branches, etc. relocates its office to another location, it shall register such change of address within 14 days with the registry having jurisdiction over the old locality, and register the descriptions set forth in subparagraphs of Article 73 within 21 days with the registry having jurisdiction over the new locality. |
| (2) | Notwithstanding paragraph (1), when relocating one of its offices to a place within an area over which an identical registry has jurisdiction, only the change of address shall be registered within 14 days. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 76 (Registration of Modification) |
When any description under subparagraphs of Article 73 is modified, such modification shall be registered within 14 days with the registry having jurisdiction over the locality of the Authority, and within 21 days with the registry having jurisdiction over the locality of each of its branches, etc. [This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 77 (Documents Accompanying Applications for Registration) |
An application for registration under Articles 73 through 76 shall be accompanied by the documents classified as follows: | 1. | For the registration of establishment under Article 73: The articles of association, and documents concerning the matters of assets and certifying the qualifications of executives; |
| 2. | For the registration of establishment of a branch, etc. under Article 74: Documents certifying the establishment of the branch, etc.; |
| 3. | For the registration of change of address under Article 75: Documents certifying the change of address of the office; |
| 4. | For the registration for modification under Article 76: Documents certifying the modification. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 78 (Beginning of Periods for Registration) |
Where authorization or approval from the Commissioner General of the Korean National Police Agency is required to be obtained for any details that shall be mandatorily registered in compliance with the provisions of this Chapter, a period for such registration shall begin to run on the following day immediately after the letter of authorization or approval is delivered.
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 79 (Execution of Entrusted Affairs) |
| (1) | Affairs regarding road traffic safety, with which the Authority is entrusted by the State or local governments pursuant to subparagraph 13 of Article 123 of the Act, shall be as follows: <Amended by Presidential Decree No. 22590, Dec. 31, 2010> |
| 1. | Research for development of policies for road traffic safety; |
| 2. | Appraisal of road traffic accidents; |
| 3. | Installation and maintenance of traffic safety facilities; |
| 4. | Education and training of those engaged in road traffic safety including training of drivers; |
| 5. | Collection, analysis and furnishing of various information to facilitate road traffic flow; |
| 6. | Operation and management of unmanned traffic regulation equipment; |
| 7. | Other affairs relating to road traffic safety. |
| (2) | The State or a local government may, in entrusting the Authority with the affairs set forth in paragraph (1), bear expenses incurred in handling such affairs. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 79-2 (Authority's Incidental Business) |
Cases where the Authority may operate a business for driving training (referring to education of classroom subjects, skill training, and training of road driving; hereafter the same shall apply in this Article) as an incidental business under subparagraph 14 of Article 123 of the Act shall be as follows: <Amended by Presidential Decree No. 23350, Dec. 6, 2011; Presidential Decree No. 28814, Apr. 24, 2018> | 1. | Support for education on driving motor vehicles conducted in facilities falling under subparagraph 32 (d) through (f) of Article 2 of the Act; |
| 2. | Education on driving motor vehicles for any of the following persons at facilities in driving test places: |
[This Article Newly Inserted by Presidential Decree No. 22590, Dec. 31, 2010]
| Article 80 (Granting Contributions, etc.) |
| (1) | Where the Government intends to grant contributions to the Authority pursuant to Article 130 (1) 1 of the Act, the Commissioner General of the Korean National Police Agency shall appropriate them in advance in the budget for such grant. |
| (2) | The Commissioner General of the Korean National Police Agency shall, when the budget for the contribution under paragraph (1) is finalized, notify the Authority thereof. |
| (3) | Where the Authority seeks to have contribution granted pursuant to paragraph (1), it shall submit to the Commissioner General of the Korean National Police Agency an application for grant of contributions along with a business plan and a budget execution plan. |
| (4) | Upon receiving an application under paragraph (3), the Commissioner General of the Korean National Police Agency shall, if he/she concludes that a business plan and a budget execution plan are reasonable, grant the contribution according to such plans. |
| (5) | Where any local government or any other person intends to make a contribution or donation to the Authority, the methods of contribution, donation, etc. may be determined by an agreement between the contributor or donator and the Commissioner General of the Korean National Police Agency. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 81 (Approval, etc. for Subsidies, Loans or Borrowings) |
| (2) | Before expending a subsidy or a loan pursuant to paragraph (1), the Authority shall submit to the Commissioner General of the Korean National Policy Agency the budget execution plan for such subsidy or loan funds, and shall obtain approval therefor. |
| (3) | The Authority shall, when it intends to borrow a loan to appropriate it for its fund pursuant to Article 130 (1) 4 of the Act, submit to the Commissioner General of the Korean National Police Agency an application for approval of appropriation stating the following matters: |
| 1. | Reasons for borrowing the loan and a lender; |
| 2. | Amount, terms and conditions of the loan; |
| 3. | Methods and maturity for repayment of the loan; |
| 4. | Business plans including the purpose of, and procedures, etc. for, using the funds borrowed; |
| 5. | Other matters necessary for borrowing and repayment of the loan. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 82 (Investment, etc.) |
The Authority shall, when it intends to make an investment or contribution pursuant to Article 131 of the Act, submit to the Commissioner General of the Korean National Police Agency an application for approval which includes the following matters: | 1. | Necessity of the investment or contribution; |
| 2. | The kind of property and amount to be invested or contributed; |
| 4. | Other matters necessary for investment or contribution. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 83 (Disposition of Persons in Contempt of Summons) |
| (1) | A person in receipt of a summons to appear in court under Article 138 (1) of the Act, shall make an appearance in person at a designated place within ten days. |
| (2) | As to a person who fails to make an appearance at a designated place within a period prescribed in paragraph (1) after receiving a summons and becomes subject to summary trial under Article 2 of the Act on the Proceedings for Summary Judgments (hereinafter referred to as "person in contempt of summons"), the chief of a police station shall dispatch a notice of demand for appearance of summary trial with information about date, time, venue, etc. to make such appearance for summary trial, within 30 days after the period previously prescribed for appearance expires. In such cases, a date designated for appearance for summary trial shall not exceed 40 days after the period previously prescribed for appearance expires. |
| (3) | If it is impracticable to hold a summary trial because of the failure of a person in contempt of summons to appear for the summary trial on a designated date, the chief of a police station shall, without delay, reissue a peremptory notice of demand for appearance for summary trial with the information about date, time, venue, etc. to make such appearance for summary trial. In such cases, the date designated for appearance for summary trial shall not exceed 60 days after the period previously prescribed for appearance expires, except in extenuating circumstances, including where it is impracticable to hold the summary trial due to the conditions of a court. |
| (4) | If it is impracticable to proceed with the summary trial any further because of the failure of a person in contempt of summons to appear despite a peremptory notice of demand for appearance for summary trial issued under paragraph (3), the commissioner of a district policy agency may temporarily suspend the driver's license held by the person in contempt of summons pursuant to Article 93 of the Act. |
| (5) | Matters necessary for requesting for a summary trial of a court against persons in contempt of summons, other than those prescribed in paragraphs (1) through (4), shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 84 (Determination of Tuition Fees) |
In determining tuition fees in accordance with Article 140 of the Act, educational institutes for traffic safety shall consider the hours of education, methods of providing education, etc.: Provided, That where they provide traffic safety education by audio-visual education only, they shall not receive tuition fees. [This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 85 (Cooperation in Handling Affairs including Notice of Violations) |
| (2) | The commissioner of each district police agency shall, when intending to install a signal apparatus on a four-lane or wider road managed by the Minister of Land, Infrastructure and Transport in accordance with Article 86 (1) 1, hear opinions from the administrator of the competent regional construction and management administration in advance on whether a place where the signal apparatus is to be installed is appropriate and whether a work for improving any other road facility shall be executed simultaneously. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 86 (Delegation or Entrustment of Authority) |
| (1) | Pursuant to Article 147 (1) of the Act, the Special Metropolitan City Mayor and each Metropolitan City Mayor shall delegate their following authority to the commissioner of each district police agency, respectively, and the head of each Si/Gun (excluding the head of a Gun of a Metropolitan City; hereafter the same shall apply in this paragraph) shall also entrust the chief of each police station with the authority specified in the following subparagraphs: Provided, That if deemed necessary for the establishment of a wide regional traffic signal system, the heads of the relevant Si/Gun may jointly entrust their authority under subparagraph 1 to the commissioner of a district police agency by a mutual agreement: |
| (2) | Pursuant to Article 147 (2) of the Act, the Special Metropolitan City Mayor and each Metropolitan City Mayor shall delegate their following authority to the head of each Gu/Gun under his/her jurisdiction: |
| 1. | Authority to appoint and dismiss traffic regulation officials belonging to each Gu/Gun; |
| 2. | Authority to take measures against vehicles violating parking regulations referred to in Article 35 of the Act; |
| 3. | Authority to have the works of towing and keeping and returning vehicles vicariously performed by an agent pursuant to Article 36 (1) of the Act, and authority to place an order to take measures and conduct education necessary for the vicarious performance of works pursuant to Article 36 (3) of the Act; |
| (3) | Pursuant to Article 147 (3) of the Act, the commissioner of each district police agency shall delegate the following authority to the chief of each competent police station: |
| (5) | The commissioner of a district police agency or the Commissioner General of the Korean National Police Agency may assign the following affairs to the Road Traffic Authority to perform on his/her behalf pursuant to Article 147 (5) and (6) of the Act: <Amended by Presidential Decree No. 28055, May 29, 2017> |
| 1. | Issuing drivers' licenses pursuant to Article 85 (2) of the Act: Provided, That the issuance of drivers' licenses pertaining to driver's license tests for motorcycles conducted by the head of the competent police station pursuant to paragraph (3) 1 shall be excluded herefrom; |
| 3. | Renewing and replacing drivers' licenses under Article 87 (1); |
| 3-2. | Verifying the identities of persons to whom drivers’ licenses are to be issued pursuant to Article 87-2 of the Act: Provided, That when issuing drivers' licenses pertaining to driver's license tests for motorcycles conducted by the head of the competent police station pursuant to paragraph (3) 1, the verification of identities shall be excluded herefrom; |
| 5. | Receiving applications for international drivers' licenses and issuing such licenses pursuant to Article 98 of the Act; |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 87 (Special Exceptions, etc. to Parking Regulations with Delegated Authority) |
| (1) | Notwithstanding the provisions of Article 86 (2) 2, the Special Metropolitan City Mayor or a Metropolitan City Mayor may directly take necessary measures under Article 35 of the Act against vehicles violating parking regulations for facilitating traffic flow and safety. |
| (2) | Where the Special Metropolitan City Mayor or a Metropolitan City Mayor directly discovers and regulates a vehicle violating parking regulations pursuant to paragraph (1), he/she shall notify such fact with the following materials to the head of a Gu/Gun having jurisdiction over a place where such violation occurred: |
| 1. | Evidentiary materials, such as photographs of a vehicle on which a sign of vehicle subject to imposition of an administrative fine is attached or photographs, videotapes, or any other visual recording medium of the vehicle violating parking regulations taken by an unmanned monitoring device (hereinafter referred to as "photographic evidence"); |
| 2. | A document that describes a place where the violation occurred, the details of the violation, the license plate number of the vehicle, etc. |
| (3) | Where the Special Metropolitan City Mayor or a Metropolitan City Mayor directly discovers and regulates a vehicle violating parking regulations pursuant to paragraph (1), he/she shall record such fact in a regulation book prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the regulation book shall be prepared and managed in an electronically processable way, except in extenuating circumstances. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | The Special Metropolitan City Mayor or a Metropolitan City Mayor shall retain evidentiary materials specified in paragraph (2) after giving them file numbers. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 87-2 (Special Exceptions to Parking Regulations by Do Governors) |
| (1) | Where a Do Governor has discovered or regulated a parking violation pursuant to Article 35 (1) of the Act, he/she shall notify such fact with the materials referred to in subparagraphs of Article 87 (2) to the head of the Si/Gun having jurisdiction over a place where such violation occurred: |
| (2) | Where a Do Governor has discovered or regulated a parking violation, Article 87 (3) and (4) shall apply mutatis mutandis to entries in the regulation book and preservation of evidentiary materials. In such cases, "Special Metropolitan City Mayor or a Metropolitan City Mayor" shall be construed as "Do Governor," respectively. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 87-3 (Management of Sensitive Information and Personally Identifiable Information) |
| 1. | Affairs concerning the protection and elimination of dangers and obstacles occurring on roads under the Act and this Decree; |
| 2. | Affairs concerning driver's licenses and international driver's licenses under the Act and this Decree; |
| 3. | Affairs concerning selection and management of persons who assist State or autonomous police officers under Article 5 (1) 2 of the Act; |
| 6. | Affairs concerning traffic safety education and confirmation of participation, etc. in traffic safety education under Articles 73 and 77 of the Act; |
| 7. | Affairs concerning designation of traffic safety educational institutions, reporting on suspension or discontinuance of operation, revocation of designation, etc. thereof under Articles 74, 78 and 79 of the Act; |
| 9. | Affairs concerning examinations for qualifying as instructors and skill examiners and issuance of certificates of qualifications under Articles 106 and 107 of the Act; |
| 12. | Affairs concerning authorization for the articles of association of the Authority under Article 122 of the Act; |
| 14. | Affairs concerning award of merit points for accident-free or meritorious drivers under Article 146 of the Act; |
| 15. | Affairs necessary for performing the affairs prescribed in subparagraphs 3 through 14. |
| 5. | Affairs necessary for performing the affairs prescribed in subparagraphs 1 through 4. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 87-4 (Re-Examination of Regulations) |
The Commissioner General of the Korean National Police Agency shall examine the appropriateness of the qualification training, etc. for instructors of traffic safety education provided for in Article 40 every three years from January 1, 2014 (referring to a date before January 1 of the year that comes every three years), and shall take measures for modification, etc. [This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
CHAPTER XI DISPOSITION OF ADMINISTRATIVE FINES AND VIOLATIONS
| Article 88 (Procedures, etc. for Imposition and Collection of Administrative Fines) |
| (1) | Where the commissioner of a district police agency, the Mayor, etc., or the superintendent of an office of education intends to impose an administrative fine under Article 160 or 161 of the Act, he/she shall enter the details thereof in a regulation book and a register of persons subject to imposition of administrative fines prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the regulation book shall be prepared and managed in an electronically processable way, except in extenuating circumstances. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25946, Dec. 31, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Where the Mayor, etc. intends to impose an administrative fine under Article 160 (3) of the Act against a person who employs the driver of a vehicle that has violated Articles 32 through 34 of the Act, a person in a position to directly manage such driver, or the user of such vehicle (hereinafter referred to as "employer, etc."), he/she shall do so after preparing evidentiary materials for the vehicle that has violated parking or stopping regulations, such as photographic evidence taken of such vehicle on which a sign of a vehicle subject to imposition of an administrative fine is attached, or photographic evidence of such vehicle gathered by means of unmanned monitoring device, etc., and shall retain evidentiary materials after giving them file numbers. |
| (3) | When the Mayor, etc. is unable to take a disposition to impose an administrative fine on the employer, etc. of a vehicle under Article 160 (4) 3 of the Act, notwithstanding the provisions of Article 160 (3) of the Act, he/she shall notify the chief of the competent police station of such fact by attaching materials evidencing the driver who has committed the violation. |
| (4) | Standards for imposing administrative fines under Article 160 of the Act shall be as listed in attached Table 6: Provided, That standards for imposing administrative fines for any of the violations under Articles 5, 17 (3), and 32 through 34 of the Act committed during the hours from 8 A.M. to 8 P.M. in protection areas for children designated under Article 12 (1) of the Act (hereinafter referred to as "protection areas for children") and protection areas for older persons and persons with disabilities designated under Article 12-2 (1) of the Act (hereinafter referred to as “protection areas for older persons and persons with disabilities") shall be as listed in attached Table 7. <Amended by Presidential Decree No. 25946, Dec. 31, 2014> |
| 1. | Delinquency rates of administrative fines; |
| 2. | Types, details, and severity of violations; |
| 3. | Equity with penalties. |
| (6) | Administrative fines specified in Article 160 of the Act shall be paid within 60 days from the date a notice of payment of an administrative fine is received: Provided, That if it is impracticable to pay it by a deadline due to natural disasters or other unavoidable reasons, it shall be paid within five days after such reason ceases to exist. |
| (7) | If a person notified of the payment of an administrative fine fails to pay the administrative fine by a payment deadline, the Mayor, etc. may notify him/her of payment of the relevant administrative fine (including additional charges) along with a notice of payment of motor vehicle tax among local taxes before a process for the recovery of taxes in arrears is instituted pursuant to Article 24 (3) of the Act on the Regulation of Violations of Public Order. |
| (8) | Where a place for the register of a vehicle or seat of an operator of a tram (referring to seat of main business office for a corporation) (hereinafter referred to as "place of registry") is under another jurisdiction, the commissioner of a regional police agency or the Mayor, etc. shall request the commissioner of the regional police agency or the Mayor, etc. having jurisdiction over the place of registry to collect the administrative fines, as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the Mayor, etc. who has requested to collect the administrative fines shall pay service charges for collection prescribed by Ordinance of the Ministry of the Interior and Safety by up to 30/100 of the collected administrative fines to the Mayor, etc. having jurisdiction over the place of registry. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017; Presidential Decree No. 29654, Mar. 24, 2019> |
| (9) | Matters necessary for imposing and collecting administrative fines, other than those prescribed in paragraphs (1) through (8), shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 88-2 (Entrustment of Affairs Related to Collection of Administrative Fines) |
| 1. | Any of the following persons: |
| (a) | Persons defaulting on administrative fines of at least five million won; |
| (b) | Persons defaulting on administrative fines for at least seven years; |
| (c) | Persons defaulting on administrative fines, from whom the commissioner of a district police agency deems it difficult to collect administrative fines due to such reasons as there is no income or property under their names; |
| 2. | Any of the following affairs: |
| (a) | Checking defaulters' addresses or places of residence; |
| (b) | Investigating defaulters' property; |
| (c) | Sending notices demanding the payment of defaulted administrative fines and providing counseling by telephone or paying a visit. |
[This Article Newly Inserted by Presidential Decree No. 27626, Nov. 29, 2016]
| Article 89 (Methods, etc. of Paying Administrative Fines by Credit Cards, etc.) |
| (1) | "Amount prescribed by Presidential Decree" in the former part of the Article 161-2 (1) of the Act means two million won (including additional dues and aggravated additional dues to be imposed). |
| (2) | "Institution receiving administrative fines by agent prescribed by Presidential Decree" in the former part of Article 161-2 (1) of the Act means the following: |
| 1. | The Korea Financial Telecommunications and Clearings Institute established with permission from the Minister of Strategy and Finance under Article 32 of the Civil Act; |
| 2. | An institution designated and publicly notified by the Commissioner of the Korean National Police Agency as an institution receiving administrative fines by proxy, in consideration of facilities, working capability, the size of capital, and other relevant factors. |
| (3) | Fees for services receiving administrative fines by proxy under Article 161-2 (3) of the Act shall be approved by the Commissioner General of the Korean National Policy Agency by comprehensively considering the operational expenses, etc. of an institution receiving administrative fines by proxy, and such fees shall not exceed 0.015 percent of the amount of the relevant administrative fines (including additional dues and aggravated additional dues to be imposed). |
| (4) | The Commissioner General of the Korean National Policy Agency may determine matters necessary for the payment of administrative fines by credit card, debit card, etc. |
[This Article Newly Inserted by Presidential Decree No. 22590, Dec. 31, 2010]
| Article 90 (Plans for Operating Information System for Receiving Administrative Fines and Penalties) |
"Matters necessary for formulating and implementing plans for operating such information system prescribed by Presidential Decree" in subparagraph 3 of Article 161-3 of the Act, means the following: | 1. | Matters concerning improving the performance and safety of the system related to the procedures for checking, paying, and receiving administrative fines and penalties; |
| 2. | Matters concerning improving all types of forms to enhance the convenience in paying administrative fines and penalties. |
[This Article Newly Inserted by Presidential Decree No. 27379, Jul. 26, 2016]
| Articles 91 and 92 Deleted. <by Presidential Decree No. 20838, Jun. 20, 2008> |
| Article 93 (Scope of Offenses and Amount of Penalties) |
| (1) | The detailed scope of offenses specified in Article 162 of the Act and the amount of penalties for such offenses shall be as listed in attached Tables 8 and 9. |
| (2) | Notwithstanding the provisions of attached Table 8, penalties for any of the offenses specified in Articles 5, 6 (1), (2), and (4), 17 (3), 27, 32 through 34, and 35 (1) of the Act in protection areas for children and protection areas for older persons and persons with disabilities committed during the hours from 8 A.M. to 8 P.M. shall be as listed in attached Table 10. <Amended by Presidential Decree No. 25946, Dec. 31, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 94 (Payment Notice of Penalty) |
| (1) | When giving payment notice of penalty to a person deemed a violator pursuant to Article 163 of the Act, the chief of a police station or Jeju Special Self-Governing Province Governor shall issue a payment notice of penalty, stating the following descriptions, along with a penalty receipt form and a notice of demand for payment of penalty (hereinafter referred to as "payment notice of penalty, etc."), and shall prepare an original register of the notice of demand for payment of penalties and a report on detection of a violator. In such cases, where a person deemed a violator confirms the fact of his/her violation in the Internet check and payment system and the payment notice of penalty, etc. is issued by him/her through such system or he/she makes a payment thereof right away, the payment notice of penalty, etc. shall be deemed issued: <Amended by Presidential Decree No. 26965, Feb. 11, 2016> |
| 1. | Personal information on a person who has received a disposition to be issued a payment notice and the number of his/her driver's license; |
| 2. | Details of violation and the provisions of the law applied; |
| 3. | The amount and payment deadline of the penalty; |
| 4. | Date a disposition to serve payment notice is issued; |
| (2) | When issuing a payment notice of penalty, etc. to a person deemed a violator, who resides outside of the jurisdiction of the relevant police station, the chief of a police station shall serve a copy of a report on detection of a violator under paragraph (1), on the chief of the police station having jurisdiction over the violator's domicile: Provided, That the same shall not apply where such payment notice of penalty, etc. is issued to a driver who resides in a city, for his/her violation committed within the city, if there are at least two police stations within the city. |
| (3) | When issuing a payment notice of penalty, etc. to a driver of a motor vehicle, etc. or being notified of issuing a payment notice to such driver from Jeju Special Self-Governing Province Governor pursuant to Article 163 (2) of the Act, the chief of a police station shall enter the personal data, license number, and violation details of the violator immediately on the motor vehicle driver's license record in the electronic computer system so that it can be reported to the commissioner of the district police agency. |
| (4) | Notifications to be made by Jeju Special Self-Governing Province Governor under Article 163 (2) of the Act, may be given by entry in the electronic computer system under paragraph (3). |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 95 (Institutions Authorized to Receive Penalties) |
The national treasury bank, or its branch office or agency, or a post office under the main sentence of Article 164 (1) of the Act shall be the head office of the Bank of Korea or one of its branches, a national treasury agent or a receiving-only agent designated by the Bank of Korea, or a post office (hereinafter referred to as "receiving institution"). [This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 96 (Payment, etc. of Penalties) |
| (1) | An offender shall, upon receiving a notice of demand for payment under Article 94 (1), pay the penalty to a receiving institution, presenting the penalty receipt form and the notice of demand for payment of a penalty received in accordance with the same paragraph. |
| (2) | No penalty shall be paid in installments. |
| (3) | A receiving institution shall, upon receiving a penalty in accordance with paragraph (1), serve the penalty receipt form presented under the same paragraph to the person who pays the penalty, after confirming the receipt of penalty thereon. |
| (4) | A receiving institution shall, upon receiving a penalty, notify the receipt of a penalty to the chief of the police station or Jeju Special Self-Governing Province Governor, who gave the notice of disposition of a penalty, without delay through an electronic medium, etc. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 97 (Keeping Records of Collected Penalties) |
| (1) | The chief of the police station or Jeju Special Self-Governing Province Governor shall enter details of collected penalties in a penalty collection record, whenever he/she receives a notice of the receipt of the penalty from a receiving institution in accordance with Article 96 (4): Provided, That such entry may be substituted by keeping a printout of a notice of the receipt, if the notice has been given through an electronic medium, etc. |
| (2) | Where the chief of a police station dispatches a copy of a report on detection of an offender to the chief of another police station having jurisdiction over the offender's domicile in accordance with Article 94 (2), the chief of the receiving police station shall keep a record or make a printout for keeping in accordance with paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 98 (Disposition for Persons Subject to Summary Trials at Scene) |
| (1) | The chief of a police station or Jeju Special Self-Governing Province Governor shall issue or dispatch to a person who falls under Article 165 (1) 1 of the Act (hereinafter referred to as "person subject to summary trial at the scene") a summons for summary trial, informing him/her of the date, time, venue, etc. at which he/she shall make an appearance for a summary trial, at least ten days before the trial date. <Amended by Presidential Decree No. 28055, May 29, 2017> |
| (2) | If it is impracticable to proceed with a summary trial because a person subject to summary trial at the scene fails to appear on the summary trial date, the chief of the police station or Jeju Special Self-Governing Province Governor shall dispatch a peremptory notice of demand for appearance for summary trial, informing him/her of the reset date, time, venue, etc. at which he/she shall make an appearance for a summary trial, at least ten days before the trial date reset. <Amended by Presidential Decree No. 28055, May 29, 2017> |
| (3) | If it becomes impracticable to proceed with the summary trial any further because the person subject to summary trial at the scene fails to appear, even after dispatching a peremptory notice of demand for appearance for summary trial in accordance with paragraph (2), the chief of the police station may suspend the validity of the driver's license held by the relevant person temporarily pursuant to Article 93 of the Act. |
| (4) | The chief of a police station or Jeju Special Self-Governing Province Governor, who intends to request a summary trial pursuant to Article 165 (1) of the Act, shall prepare a request for summary trial, and shall submit it to the competent court. <Amended by Presidential Decree No. 28055, May 29, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 98-2 Deleted. <by Presidential Decree No. 28055, May 29, 2017> |
| Article 99 (Requests, etc. for Summary Trials of Persons in Contempt of Notification Disposition) |
| (1) | The chief of a police station or Jeju Special Self-Governing Province Governor shall dispatch a summons for a summary trial stating the following matters to a person falling under Article 165 (1) 2 of the Act (hereinafter referred to as “person in contempt of notification disposition”), along with the receipt form of a penalty, etc. (referring to the amount of penalty plus 50 percent of the penalty; hereinafter the same shall apply) and a notice of demand for payment of a penalty, etc., within 30 days from the expiration date of a period for payment of a penalty (referring to the last day of the period for payment of penalty pursuant to Article 164 (2) of the Act; hereafter the same shall apply in this Article). In such cases, the summary trial date on which the person in default has to make an appearance shall not be later than 40 days from the expiration of the period for payment of the penalty: <Amended by Presidential Decree No. 28055, May 29, 2017> |
| 1. | Personal information on a person who has received the notification disposition and the number of his/her driver's license; |
| 2. | Details of violation and the provisions of the law applied; |
| 3. | The amount and deadline for payment of the penalty; |
| 4. | Date of the notification disposition; |
| 5. | Date, time and venue of the summary trial for which the person in default has to make an appearance; |
| 6. | The fact that the person may not stand a summary trial if the penalty, etc. is paid in accordance with the proviso to Article 165 (1) of the Act. |
| (2) | If it is impracticable to hold a summary trial because a person in default of the notified disposition neither pays the penalty, etc. nor appears on the summary trial date, the chief of the police station or Jeju Special Self-Governing Province Governor shall reset the date, time and venue for appearance for the summary trial and dispatch, without delay, a peremptory notice of demand for appearance for summary trial stating the matters referred to in subparagraphs of paragraph (1), along with the receipt form of a penalty, etc. and a notice of demand for payment of a penalty, etc., to the person in default of notified disposition. In such cases, the summary trial date on which the person in default has to make an appearance shall not be later than 60 days from the expiration of the period for payment of the penalty, unless it is possible to hold the summary trial due to the court's situation or any other special circumstances. <Amended by Presidential Decree No. 28055, May 29, 2017> |
| (3) | If it becomes impracticable to proceed with the summary trial any further because a driver in default of the notified disposition neither pays the penalty, etc. nor appears on the summary trial date despite a peremptory notice of demand for appearance for the summary trial dispatched in accordance with paragraph (2), the commissioner of a district policy agency may suspend the validity of the driver's license held by the person in default temporarily pursuant to Article 93 of the Act. |
| (4) | As to the payment, receipt, etc. of the penalty, etc., Articles 95 through 97 shall apply mutatis mutandis. |
| (5) | As to the request for summary trial of a person in default of notified disposition, Article 98 (4) shall apply mutatis mutandis. |
[This Article Wholly Amended by Presidential Decree No. 24644, Jun. 28, 2013]
| Article 100 (Notification, etc. of Persons Who Fail to Appear for Summary Trials by Jeju Special Self-Governing Province Governor) |
| (1) | Where any of the following reasons has occurred, Jeju Special Self-Governing Province Governor shall notify the commissioner of the competent district police agency of such fact without delay and submit relevant documents to him/her: |
| 1. | Where it is impracticable to proceed with a summary trial, because a person subject to summary trial at the scene, who is a driver, fails to appear, notwithstanding a peremptory notice of demand for appearance for summary trial prescribed in Article 98 (2); |
| 2. | Where it is impracticable to hold a summary trial because a person in default of the notified disposition neither pays the penalty, etc. nor appears on the summary trial date, notwithstanding a peremptory notice of demand for appearance for summary trial prescribed in Article 98 (2). |
| (2) | Where a person falling under any subparagraph of paragraph (1) pays the penalty or a summary trial proceeds after the notification prescribed in paragraph (1), Jeju Special Self-Governing Province Governor shall notify the commissioner of the competent district police agency of such fact without delay and submit relevant documents to him/her. |
[This Article Wholly Amended by Presidential Decree No. 28055, May 29, 2017]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2006.
Article 2 (Transitional Measures for Licenses, etc. under Previous Decree)
An action of, or against an administrative agency performed under any of the previous provisions of this Decree as at the time when this Decree enters into force shall be deemed to be an action of, or against the administrative agency under this Decree.
Article 3 (Transitional Measures for Disposition for Administrative Fines and Offenses)
The imposition and collection of administrative fines against offenses committed before this Decree enters into force and the disposition for such offenses shall be governed by the previous provisions of this Decree.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 19705, Oct. 19, 2006>
This Decree shall enter into force on October 20, 2006.
ADDENDA <Presidential Decree No. 20038, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 29, 2007.
Article 2 (Applicability to Education for Learning Skills Required for Driving Motor Vehicles, etc.)
The amended provisions of Article 48 (5) shall apply to those who take a driver's license test conducted first and subsequently after this Decree enters into force.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20692, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20835, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Article 2 (Applicability to Notification of Personal Information Pertaining to Occasional Aptitude Tests)
The amended provisions of Article 58 (1) 8 and subparagraph 4-2 of attached Table 4 shall apply to those who are released from the Institute of Forensic Psychiatry Ministry of Justice on or after this Decree enters into force. Article 3 (Applicability to Period of Payment of Administrative Fines)
The amended provisions of Article 88 (5) shall enter into force to the portions for which administrative fines are imposed on or after this Decree enters into force.
ADDENDA <Presidential Decree No. 21036, Sep. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2008. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21077, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21206, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21844, Nov. 23, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 32 and 58 and attached Tables 1 and 4 shall enter into force on the date of its promulgation, and the amended provisions of Articles 45 (1) and 53 (1) shall enter into force one month after the date of its promulgation respectively. Article 2 (Applicability to Restrictions on Application for Tests of Those Who Fail to Pass Skill Examinations or Road Driving Examinations)
The amended provisions of Articles 48 (6), 49 (4) and 69 (4) shall apply to those who fail to pass such examination or test on or after this Decree enters into force. Article 3 (Applicability to Changes of Standards for Refund of Tuition Fees)
The amended provisions of Article 71 (2) 2 shall also apply to students who have failed to complete classes after registration with a driving school, etc. before this Decree enters into force. Article 4 (Transitional Measures concerning Registration of Personal Data of Founder and Operator of Driving Schools)
The founder and operator of a driving school registered before this Act enters into force shall submit his/her personal data to the commissioner of a district police agency pursuant to the amended provisions of Article 60 (1) 1 within three months from the date this Decree enters into force. Article 5 (Transitional Measures concerning Change of Requirements for Qualifications for Instructors for Education of Subjects of Driving Schools)
Instructors for education of classroom subjects in a driving school as at the time this Act enters into force shall meet requirements for qualifications pursuant to the amended provisions of Article 64 (1) 1 within one year from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 22224, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22258, Jul. 9, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22512, Dec. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines and Penalties)
The former provisions shall apply to administrative fines and penalties for any violation in protection areas for children before this Decree enters into force.
ADDENDA <Presidential Decree No. 22590, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011: Provided, That the amended provisions of Articles 38 (1), 86 (1), 89 and attached Tables 6 and 7 shall enter into force on January 24, 2011. Article 2 (Applicability to Special Education on Traffic Safety)
The amended provisions of Article 38 (1) 2 (a) shall apply to persons who commit any dangerous collective conduct on or after the date this Decree enters into force. Article 3 (Transitional Measures concerning Imposition of Penalties and Administrative Fines)
The previous provisions shall apply to penalties and administrative fines for any act performed before this Decree enters into force.
ADDENDA <Presidential Decree No. 22910, Apr. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2011: Provided, That the amended provisions of Article 64 (2) and attached Table 5 shall enter into force from the date on which six months lapse after the promulgation of this Decree. Article 2 (Applicability to Extension of Hours of Education per Day of Driving Schools or Specialized Driving Schools)
The amended provisions of Article 65 (1) shall also apply to those who have filed registration to driving schools or specialized driving schools before this Decree enters into force.
ADDENDA <Presidential Decree No. 23350, Dec. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 9, 2011: Provided, That the amended provisions of Article 38 (2), proviso to subparagraph 7 of attached Table 5, and subparagraph 67 of attached Table 7 shall enter into force on June 1, 2012, and the amended provisions of Article 64 on March 1, 2013, respectively. Article 2 (Applicability to Changes of Standards for Designation of Specialized Driving Schools)
The amended provisions of Article 67 (5) shall begin to apply from the first person who files an application for the designation of a specialized driving school after this Decree enters into force. Article 3 (Applicability to Partial Exemption from Driver's License Examinations)
| (1) | The amended provisions of attached Table 3 shall begin to apply from the first person who applies for a driver's license after this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of subparagraph 5 of attached Table 3, for those whose drivers' licenses are revoked due to the failure of renewal of their drivers' licenses under Article 87 (3) of the former Road Traffic Act (referring to the same Act before amended by Act No. 10790), part of the driver's license examination shall be exempted pursuant to the following Table: |
| Persons eligible for Exemption | Applicable Provisions | License Intended to Obtain | Examinations to be Exempted | | Those who intend to obtain Class Ⅱ driver's licenses within five years after their drivers' licenses are revoked due to the failure of renewal of their drivers' licenses | Article 84 (1) 5 of the former Road Traffic Act (referring to the same Act before amended by Act No. 10790) | Drivers licenses which are included in the scope within which the applicants have been allowed to drive with the drivers' licenses before the revocation thereof | Tests for skills and on-road driving tests: Provided, That the driving test shall be exempted only where the applicants intend to obtain Class Ⅱ drivers' licenses |
|
Article 4 (Transitional Measures concerning Imposition of Penalties and Administrative Fines)
The imposition of any penalty and administrative fine against any offense committed before this Decree enters into force shall be governed by the former provisions.
Article 5 (Transitional Measures concerning Safety Education on School Buses, etc. for Children)
Each operator or driver of a school bus, etc. for children as at the time this Decree enters into force shall receive safety education on school buses, etc. for children within one year after this Decree enters into force: Provided, That those who have completed traffic safety education programs for persons related to school buses, etc. for children which have been conducted by the Ministry of Public Administration and Security, the Korean National Police Agency, or the Road Traffic Authority before this Decree enters into force shall be deemed to have completed an initial safety education under Article 31-2 (1) 1 and the due date of safety re-education under Article 31-2 (1) 2 shall be calculated from the date such education is completed.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23805, May 23, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24091, Sep. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6-2 shall enter into force on September 22, 2012. Article 2 (Transitional Measures concerning Imposition of Penalties)
The previous provisions shall apply to penalties imposed on acts committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24419, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24644, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 52 (2) shall enter into force on July 1, 2013. Article 2 (Transitional Measures concerning Holders of Foreign Drivers' Licenses)
Notwithstanding the amended provisions of Article 52 (2), a foreign driver's license held by a person not less than 19 years but less than 20 years of age as at the time this Decree enters into force, in whose case the driver's license test is partially exempted, shall be deemed issued by an authorized institution of a country that recognizes a Korean drivers' licence and the holder thereof shall be partially exempted from the driver's license test under attached Table 3 until he/she becomes 20 years of age.
ADDENDUM <Presidential Decree No. 24862, Nov. 20, 2013>
This Decree shall enter into force on November 23, 2013.
ADDENDUM <Presidential Decree No. 25007, Dec. 17, 2013>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42 (2) of the partially amended Enforcement Decree of the Road Traffic Act (Presidential Decree No. 24644) shall enter into force on December 29, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25159, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDUM <Presidential Decree No. 25364, May 28, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendment provisions of a Presidential Decree, promulgated before this Decree enters into force, but the date they are to enter into force, has not yet arrived, among Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the date such Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25852, Dec. 16, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25946, Dec. 31, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 29, 2015: Provided, That the amended provisions of Articles 45, 88 (4), and 93, and attached Tables 7 and 10 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Imposition of Penalties)
The former provisions shall apply to penalties imposed for offenses committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 26238, May 12, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26351, Jun. 30, 2015>
This Decree shall enter into force on July 1, 2015.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26870, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26965, Feb. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 12, 2016.
Article 2 (Transitional Measures concerning Imposition of Penalties)
The former provisions shall apply to penalties imposed for an offense of Article 29 (4) and (5) of the Act committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 27379, Jul. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2016.
Article 2 (Transitional Measures concerning Imposition of Penalties)
The amended provisions of subparagraphs 12-3 and 69 of attached Table 8 shall begin to apply from the first offense occurring after this Decree enters into force.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27620, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27626, Nov. 29, 2016>
This Decree shall enter into force on November 30, 2016: Provided, That the amended provisions of Article 88-2 shall enter into force on January 1, 2017.
ADDENDUM <Presidential Decree No. 28055, May 29, 2017>
This Decree shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28215, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28814, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018.
ADDENDUM <Presidential Decree No. 28919, May 28, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29081, Aug. 7, 2018>
This Decree shall enter into force on August 10, 2018.
ADDENDA <Presidential Decree No. 29163, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 29193, Sep. 28, 2018>
This Decree shall enter into force on September 28, 2018.
ADDENDA <Presidential Decree No. 29654, Mar. 26, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2019.
Article 2 (Transitional Measures concerning Modification of Standards for Area of Skill Training Area of Driving School)
A driving school satisfy the standards for area of skill training area pursuant to subparagraph 7 (a) of the previous Table 5 This Decree as at the time this Decree enters into force shall satisfy the standards for area of skill training area pursuant to subparagraph 7 (a) of the Table 5 within one year from and on the enforcement date of this Decree.
ADDENDUM <Presidential Decree No. 29702, Apr. 16, 2019>
This Decree shall enter into force on April 17, 2019.
ADDENDUM <Presidential Decree No. 29720, Apr. 30, 2019>
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 10-3 shall enter into force on the date of its promulgation.