COMPULSORY MOTOR VEHICLE LIABILITY SECURITY ACT
Wholly Amended by Act No. 9065, Mar. 28, 2008
Amended by Act No. 9450, Feb. 6, 2009
Act No. 9738, May 27, 2009
Act No. 11369, Feb. 22, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12021, Aug. 6, 2013
Act No. 12987, Jan. 6, 2015
Act No. 13377, jun. 22, 2015
Act No. 14092, Mar. 22, 2016
Act No. 14450, Dec. 20, 2016
Act No. 14939, Oct. 24, 2017
Act No. 15118, Nov. 28, 2017
Act No. 16635, Nov. 26, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect victims of motor vehicle accidents by establishing a system by which compensation for loss resulting from the death or injury of any person and the destruction or damage of any property, both of which are caused by the operation of a motor vehicle, is guaranteed, and to promote the sound development of motor vehicle transportation by preventing social loss caused by motor vehicle accidents. <Amended by Act No. 12021, Aug. 6, 2013>
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9450, Feb. 6, 2009; Act No. 12021, Aug. 6, 2013; Act No. 14092, Mar. 22, 2016>
| 2. | The term "operation" means using or managing motor vehicles according to their usage, regardless of whether they transport persons or carry items; |
| 3. | The term "motor vehicle owner" means a person who owns a motor vehicle or a person entitled to use a motor vehicle, and who operates the motor vehicle for personal use; |
| 4. | The term "driver" means a person who serves as a driver, or as an assistant driver, of a motor vehicle for another person; |
| 5. | The term "liability insurance" means a type of insurance contract entered into by and between any motor vehicle owner and any person who runs an insurance business after obtaining a license under the Insurance Business Act (hereinafter "insurer") under which the insurer agrees to indemnify and hold the owner harmless from and against all liability for the death or injury of another person resulting from operation of any motor vehicle under this Act; |
| 6. | The term "liability mutual aid" means a type of mutual aid contract entered into by and between a motor vehicle owner for business use and a person who runs a mutual aid business under the Passenger Transport Service Act, the Trucking Transport Business Act, and the Construction Machinery Management Act (hereinafter "person operating a mutual aid business") under which the person operating a mutual aid business agrees to indemnify and hold the motor vehicle owner harmless from and against the death or injury of another person resulting from operation of any motor vehicle under this Act; |
| 7. | The term "motor vehicle insurance medical fees" means the amount of expenses incurred in medical treatment provided by a medical institution prescribed in the Medical Service Act (hereinafter "medical institution") to a patient who has suffered an accident resulting from the operation of a motor vehicle (hereinafter "motor vehicle accident patient"), which applies to any of the following categories: |
| (a) | Where the relevant expenses are paid with the insurance money (including mutual aid money; hereinafter "insurance money, etc.") provided by an insurer (including a person operating a mutual aid business; hereinafter the "insurer, etc."); |
| (b) | Where the relevant expenses are covered with compensation amount that comes from a business that guarantees motor vehicle accident compensation under Article 30; |
| (c) | Where a motor vehicle accident patient pays medical fees incurred from the relevant traffic accident to a medical institution after compensation for the motor vehicle accident patient (including the damages under Article 30) has been paid; |
| 8. | The term "business of providing support for damage from motor vehicle accidents" means a business designed to remedy or prevent damage caused by motor vehicle accidents, and such business shall be classified as follows: |
| (a) | Business of guaranteeing compensation for motor vehicle accidents: a business in which the Minister of Land, Infrastructure and Transport provides compensation for damage caused by motor vehicle accidents pursuant to Article 30; |
| (b) | Business of preventing damage from motor vehicle accidents: a business in which the Minister of land, Infrastructure and Transport provides support for the prevention of damage caused by motor vehicle accidents pursuant to Article 30-2; |
| (c) | Business of supporting families, etc. of motor vehicle accident victims: business in which the Minister of Land, Infrastructure and Transport provides support to motor vehicle accident victims and their families pursuant to Article 30 (2); |
| (d) | Business of assisting with the rehabilitation of persons with residue harm from motor vehicle accidents: a business in which the Minister of Land, Infrastructure and Transport supports the rehabilitation of persons with residue harm, etc. from motor vehicle accidents pursuant to Article 31. |
| Article 3 (Liability for Damage Caused by Motor Vehicles) |
Where any person who operates a motor vehicle for personal use has killed or injured another person by such operation, he/she shall be liable to compensate the damages therefrom: Provided, That the same shall not apply to any of the following cases:
| 1. | In cases of the death or injury of any person other than a passenger, when it has been proven that the person who has operated the motor vehicle and the driver thereof were not negligent in its operation, that a victim or a third party, other than the person who has operated the motor vehicle and the driver thereof, commits an intentional or negligent act, and that there were no structural defects or functional disorders in the motor vehicle; |
| 2. | In cases of the death or injury of a passenger, when the passenger has died or been injured due to his/her intentional act or suicidal act. |
| Article 4 (Application of the Civil Act) |
CHAPTER II PURCHASE OF INSURANCE POLICY FOR DAMAGES
| Article 5 (Mandatory Purchase of Insurance) |
| (1) | Any motor vehicle owner shall purchase a liability insurance policy or enter into a liability mutual aid agreement (hereinafter "liability insurance policy, etc.") which covers an amount prescribed by Presidential Decree that shall be paid to a third party who has died or been injured due to the operation of the motor vehicle (referring to a person who has the right to receive indemnification for damage in cases of the death of a victim; hereinafter the same shall apply). |
| (4) | The provisions of paragraphs (1) and (2) shall not apply to motor vehicles prescribed by Presidential Decree and motor vehicles operated only in places other than on a road (which means the road provided for in subparagraph 1 of Article 2 of the Road Traffic Act; hereinafter the same shall apply). |
| (5) | Liability insurance policies, etc. under paragraph (1) and insurance policies or mutual aid agreements under paragraphs (2) and (3) shall be effected on a separate motor vehicle basis. |
| Article 5-2 (Exemption from Mandatory Purchase of Insurance) |
| (1) | In any case prescribed by Presidential Decree where a motor vehicle owner is unable to operate his/her motor vehicle (excluding a motor vehicle used for a business for which a person referred to in each subparagraph of Article 5 (3) has obtained a license, etc.) for a long period of not less than six months but no more than two years due to an overseas stay, etc., he/she may be exempt from purchasing insurance or entering into a mutual aid agreement referred to in Article 5 (1) and (2) during the operation suspension period upon obtaining the approval of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of the relevant Special Self-Governing Province (referring to the head of a Si/Gun/Gu if the duties to register motor vehicles are delegated to him/her; hereinafter referred to as "Mayor/Do Governor") who takes charge of the duties to register such motor vehicle. In such cases, the relevant motor vehicle owner shall keep the relevant registration certificate and the motor vehicle registration plate in the custody of the relevant Mayor/Do Governor. |
| (2) | No person granted exemption from purchasing insurance or entering into a mutual aid agreement pursuant to paragraph (1) shall operate a relevant motor vehicle on roads during the period of exemption. |
| (3) | Standards for granting approval for exemption from purchasing insurance or entering into a mutual aid agreement under paragraph (1), procedures for filing applications and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
| Article 6 (Measures against those who have yet to Purchase Mandatory Insurance) |
| (1) | Any insurer, etc. shall notify a motor vehicle owner who has purchased an insurance policy or entered into a mutual aid agreement which the motor vehicle owner is obligated to purchase or enter into pursuant to Article 5 (1) through (3) (hereinafter referred to as "mandatory insurance") of the fact that his/her contract is about to expire, 75 days to 30 days, and 30 days to 10 days, prior to the expiration date of such contract, respectively: Provided, That the insurer, etc. does not need to give such notification if the insurance period of the contract is less than one month or if the motor vehicle owner has renewed the contract with the insurer, etc. or if the insurer, etc. has become aware that the motor vehicle owner has entered into a new contract with any other insurer, etc. <Amended by Act No. 9450, Feb. 6, 2009> |
| (2) | Where a person obligated to purchase insurance falls under any of the following cases, the relevant insurer, etc. shall notify the Governor of a relevant Special Self-Governing Province or the head of a relevant Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/ Gu”) thereof within the period stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where the person has entered into a mandatory insurance contract with the said insurer, etc.; |
| 2. | Where the person has cancelled the mandatory insurance contract entered into with the said insurer, etc. before the expiration date of such contract; |
| 3. | Where the person who has entered into a mandatory insurance contract with the said insurer, etc. does not renew the contract with the said insurer, etc. after the expiration date of such contract. |
| (3) | Upon receiving such notification under paragraph (2), the head of a Si/Gun/Gu shall, without delay, issue an order to any motor vehicle owner who has failed to purchase mandatory insurance to buy one and to present a document verifying such fact for a specified period of not less than 10 days but not more than 15 days. |
| (4) | The head of a Si/Gun/Gu may have the custody of the motor vehicle registration plate (including the registration plate attached to a two-wheel motor vehicle and the registration plate attached to construction machinery; hereinafter the same shall apply) with no mandatory insurance. |
| (5) | The head of a Si/Gun/Gu may request cooperation from the head of a police station if necessary for keeping in custody the registration plate attached to a motor vehicle with no mandatory insurance pursuant to paragraph (4). In such cases, the head of the police station so requested shall comply therewith unless there is a compelling reason not to do so. |
| (6) | Where the head of a Si/Gun/Gu has kept in custody the registration plate attached to a motor vehicle with no mandatory insurance, pursuant to paragraph (4), he/she shall notify the Mayor/Do Governor who takes charge of the duties to register such motor vehicle under the Motor Vehicle Management Act or the Construction Machinery Management Act and the relevant motor vehicle owner of thereof. <Amended by Act No. 11369, Feb. 22, 2012> |
| (7) | Necessary matters concerning the notification methods and procedures under paragraphs (1) and (2), the methods and procedures for keeping in custody the motor vehicles registration plates under paragraph (4), and the methods and procedures for lifting such custody and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 7 (Organization, Operation of Computer Networks for Management of Mandatory Insurance Underwriting) |
| (1) | The Minister of Land, Infrastructure and Transport may organize and operate a computer network for the management of mandatory insurance underwriting (hereinafter referred to as "computer networks for underwriting management") in connection with the information-processing system provided in Article 69 (1) of the Motor Vehicle Management Act and the information-processing system which is managed and operated by institutions in charge of calculating insurance premium rates (hereinafter "institutions in charge of calculating insurance premium rates") provided in Article 176 of the Insurance Business Act in order to efficiently manage owners of motor vehicles which are not covered by mandatory insurance. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of local governments, insurers and insurance-related organizations to submit such information prescribed by Presidential Decree as necessary to organize and operate computer networks for underwriting management. In such cases, persons who received a request for such information shall comply therewith, except in extenuating circumstances. <Amended by Act No. 9450, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | Deleted. <by Act No. 9450, Feb. 6, 2009> |
| (4) | Matters necessary for the operation of the computer networks for underwriting management shall be prescribed by Presidential Decree. |
| Article 8 (Restrictions on Operation) |
No motor vehicle which is not covered by mandatory insurance shall be operated on a road: Provided, That this shall not apply to motor vehicles prescribed by Presidential Decree pursuant to Article 5 (4).
| Article 9 (Request for Issuance of Mandatory Insurance Certificate) |
Any person who has purchased a mandatory insurance policy and any person who has been insured under the relevant policy (hereinafter "policyholder, etc.") and other interested persons may, if necessary to verify their rights and duties or details of such purchase, request the insurer, etc. to issue the mandatory insurance certificate verifying such purchase.
| Article 10 (Claims for Insurance Money, etc.) |
| (1) | Where a policyholder, etc. become liable for damage pursuant to Article 3, the relevant victim may, as prescribed by Presidential Decree, file a claim for insurance money, etc. with the insurer, etc. so that such insurance money, etc. are directly paid to him/her in accordance with Article 724 (2) of the Commercial Act. In such cases, the victim may request the insurer, etc. to pay the amount equivalent to motor vehicle insurance medical fees directly to the medical institution that has provided him/her with medical treatment. |
| (2) | Where a policyholder, etc. has paid damages to the relevant victim before the insurer, etc. pays insurance money, etc., the policyholder, etc. may make a claim against the insurer, etc. for the amount that he/she has paid to the victim not to exceed the upper limit of the insurance money, etc. covered. |
| Article 11 (Advance Payment to Victim) |
| (1) | Where an accident that happened while a policyholder, etc. was operating his/her vehicle led to the death or injury of any third party, the relevant victim may make a claim against an insurer, etc. to get motor vehicle insurance medical fees paid in full, as prescribed by Presidential Decree, and to receive part of the remaining insurance money, etc. under Article 10 in the amount prescribed by Presidential Decree in the form of advance payments. |
| (2) | Upon receiving such claim under paragraph (1), the insurer, etc. shall, in advance, pay the claim amount within the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the advance payment made under paragraph (2) exceeds the insurance money, etc. the insurer, etc. may demand the person who has received the advance payment refund the excess amount. |
| (4) | Where it is found that the policyholder, etc. has no liability for damages after advance payment has been made under paragraph (2), the insurer, etc. may demand the person who has received such advance payment refund the amount. |
| (5) | Where the insurer, etc. has not received the refund of advance payment even though it demanded a refund in accordance with paragraphs (3) and (4), and meets the requirements prescribed by Presidential Decree, such insurer, etc. may file a claim for compensation with the Government that equals the amount of advance payment not refunded. <Amended by Act No. 9450, Feb. 6, 2009; Act No. 14450, Dec. 20, 2016> |
| Article 12 (Claim for and Payment of Motor Vehicle Insurance Medical Fees) |
| (1) | Where an insurer, etc. finds out that any patient suffered a motor vehicle accident upon receipt of a claim for damage filed either by a policyholder, etc. or a victim of such motor vehicle accident under the latter part of Article 10 (1), or due to any other cause, the insurer, etc. shall, without delay, inform the medical institution treating such motor vehicle accident patient whether motor vehicle insurance medical fees will be paid for the relevant treatment and the upper limit of such payment. <Amended by Act No. 9450, Feb. 6, 2009> |
| (2) | Where the medical institution which has been notified whether the insurer, etc. intended to pay the motor vehicle insurance medical fees and of the upper limit of such payment is under paragraph (1) may file a claim for such fees with the insurer, etc. according to the criteria publicly notified by the Minister of Land, Infrastructure and Transport, as provided for in Article 15. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the medical institution files a claim for the motor vehicle insurance medical fees with the insurer, etc. under paragraph (2), such claim shall be based upon detailed medical records as referred to in Article 22 of the Medical Service Act. |
| (4) | Where the insurer, etc. has received the claim for motor vehicle insurance medical fees from the medical institution under paragraph (2), it shall pay the amount claimed within 30 days: Provided, That if the insurer, etc. has entrusted its relevant duties to a specialized examination institution pursuant to Article 12-2 (1), it shall pay motor vehicle insurance medical fees based on the results of review within 14 days after such results are notified by the relevant institution. <Amended by Act No. 13377, Jun. 22, 2015> |
| (5) | Where the medical institution can file a claim for motor vehicle insurance medical fees with the insurer, etc. under paragraph (2), it shall not claim payment of such medical fees from the motor vehicle accident patient (including his/her guardian): Provided, That in any of the following cases, the relevant medical fees may be claimed: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | When the insurer, etc. has notified that it has no intention of paying such medical fees or cancelled the payment thereof; |
| 2. | When the medical institution has requested the insurer, etc. to pay the expenses which are not covered by the indemnity for damages; |
| 3. | When the medical institution has requested the insurer, etc. to pay medical fees in excess of the upper limit of payment notified by such insurer, etc. under paragraph (1); |
| 4. | When the victim has filed a claim for direct payment of motor vehicle insurance medical fees with the insurer, etc. under Article 10 (1) or 11 (1); |
| 5. | When other reasons prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport arise. |
| Article 12-2 (Entrustment of Duties) |
| (1) | An insurer, etc. may entrust duties, etc. to review and adjust motor vehicle insurance medical fees claimed by medical institutions pursuant to Article 12 (4) to a specialized examination institution determined by Presidential Decree (hereinafter referred to as "specialized examination institution"). |
| (2) | A specialized examination institution shall review whether motor vehicle insurance medical fees claimed by a medical institution pursuant to paragraph (1) comply with the Rules on Motor Vehicle Insurance Medical Fees established under Article 15. |
| (3) | Deleted. <by Act No. 13377, Jun. 22, 2015> |
| (4) | Where duties are entrusted to a specialized examination institution pursuant to paragraph (1), the methods and procedures for claims, reviews, objections, etc. and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13377, Jun. 22, 2015> |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
| Article 13 (Management of Inpatients) |
| (1) | The medical institutions that are entitled to file a claim for medical fees covered by car insurance with the insurer, etc. pursuant to Article 12 (2) shall keep and retain records of outings and overnight lodgings by patients admitted into such medical institutions due to motor vehicle accidents (hereinafter "inpatient"). |
| (2) | Where an inpatient intends to go out or stay out overnight, he/she shall obtain permission from the medical institution. |
| (3) | The insurer, etc. which has notified the medical institution as to whether it intends to pay medical fees covered by car insurance and as to the upper limit of such payment pursuant to Article 12 (1) may request such medical institution to offer records on outings and overnight lodgings of inpatients for the inspection. In such cases, the medical institution shall comply with such request unless there is good cause to the contrary. |
| Article 13-2 (Discharge and Transfer Instructions for Motor Vehicle Accident Patients) |
| (1) | A medical institution may instruct a motor vehicle accident patient to discharge him/herself, if he/she needs not to be hospitalized any more thanks to improvement of his/her conditions after undergoing medical care such as an operation and medical treatment, and needs to be transferred to another medical institution, in any case prescribed by Presidential Decree, including any case in which it becomes necessary for him/her to receive medical treatments at his/her base of living. In such cases, the medical institution shall, without delay, notify the relevant patient and the relevant insurer, etc. that has given notice of its intention to pay for motor vehicle insurance medical fees under Article 12 (1) of the relevant reason for transfer and the date thereof. |
| (2) | Where a medical institution that has instructed a motor vehicle accident patient to transfer to another medical institution under paragraph (1) receives a request from the latter medical institution or from a doctor in charge of such patient for the provision of information about medical care for him/her such as access to or delivery of medical records, clinical opinions, and therapy records, the former medical institution shall comply therewith without delay. |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
| Article 14 (Inspection of Medical Records) |
| (1) | When an insurer, etc. receives a claim for motor vehicle insurance medical fees from a medical institution under Article 12 (2), the insurer, etc. may request the medical institution to provide the relevant medical records for inspection. <Amended by Act No. 11369, Feb. 22, 2012> |
| (2) | A specialized examination institution entrusted with review, etc. pursuant to Article 12-2 may request data necessary for such review, etc. from the medical institution. <Newly Inserted by Act No. 11369, Feb. 22, 2012> |
| (3) | In the case of paragraph (1) or (2), a medical institution shall comply with a request unless there is good cause. <Newly Inserted by Act No. 11369, Feb. 22, 2012> |
| (4) | Where an insurer, etc. receives a claim for insurance money, it may request a traffic accident investigation agency, such as the Korean National Police Agency, to provide investigation records relating to the relevant traffic accident for inspection, as prescribed by Presidential Decree. In such cases, the traffic accident investigation agency, such as the Korean National Police Agency, shall comply therewith, except in extenuating circumstances. <Newly Inserted by Act No. 11369, Feb. 22, 2012> |
| (5) | Where it is necessary for insurer, etc. to calculate an amount of premium of mandatory insurance (this means mutual aid contributions in cases of a mutual aid contract) and pay insurance money, etc., the Minister of Land, Infrastructure and Transport may request heads of agencies that hold personal information on traffic offenses, such as drunk driving, or the validity of drivers' licenses (including a construction machinery operator's license referred to in the main clause of Article 26 (1) of the Construction Machinery Management Act; hereinafter the same shall apply) to provide such personal information. In such cases, the heads of agencies so requested shall comply with such request, except in extenuating circumstances. <Newly Inserted by Act No.16635, Nov. 26, 2019> |
| (6) | The Minister of Land, Infrastructure and Transport may provide the personal information on traffic offenses or the validity of drivers' licenses under Article 5 to insurer, etc. through the Motor Vehicle Accident Compensation Agency under Article 39 (3). In such cases, matters concerning the scope, procedures and methods of provision of the personal information shall be prescribed by Presidential Decree. <Newly Inserted by Act No.16635, Nov. 26, 2019> |
| (7) | Unless it is necessary for insurer, etc. to calculate an amount of premium of mandatory insurance and pay insurance money, etc. under Article 5 and 6, the Motor Vehicle Accident Compensation Agency shall be prohibited from providing the personal information that has been provided and held under Article 6. <Newly Inserted by Act No.16635, Nov. 26, 2019> |
| (5) | No current or former employee of an insurer, etc., a specialized examination institution, or the Motor Vehicle Accident Compensation Agency shall divulge any confidential information on any third party he/she has become aware of in the course of inspecting medical records or investigation records relating to traffic accidents referred to in paragraphs (1) through (4) or the personal information that has been provided under Article 6. <Amended by Act No. 11369, Feb. 22, 2012; Act No. 16635, Nov. 26, 2019> |
| Article 14-2 (Application Mutatis Mutandis where Damages Exceed Upper Limit on Payouts of Liability Insurance, etc) |
Where a motor vehicle owner who has entered into a contract for insurance or mutual-aid compensating for damages exceeding the upper limit on payouts of liability insurance policy, etc., Articles 10 through 13, 13-2 and 14 shall also apply mutatis mutandis to the cases where the victim files a claim for motor vehicle insurance medical fees, the amount of which is within the upper limit on payouts of the insurance or mutual-aid which pays for the damages to the upper limit on payouts of liability insurance, etc. or exceeding it. [This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER III RULES OF MOTOR VEHICLE INSURANCE MEDICAL FEES AND MEDIATION OF DISPUTES
| Article 15 (Motor Vehicle Insurance Medical Fees) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and publicly announce the Rules on Motor Vehicle Insurance Medical Fees (hereinafter the "Rules on Motor Vehicle Insurance Medical Fees") in order to ensure appropriate medical treatment for motor vehicle accident patients and to prevent disputes over medical fees that may arise between insurers, etc. or medical institutions and motor vehicle accident patients. <Amended by Act No. 9450, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | The Rules on Motor Vehicle Insurance Medical Fees shall stipulate the scope of allowable motor vehicle insurance medical fees, procedures for filing a claim and payment thereof, and other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to establish or modify the Rules on Motor Vehicle Insurance Medical Fees, he/she may hear the opinion of the Motor Vehicle Insurance Medical Fees Review Council established under Article 17. <Amended by Act No. 11369, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 16 (Surveys and Research on Repair Costs) |
| (1) | The Minister of Land, Infrastructure and Transport shall conduct surveys and research on affordable repair costs (including standard working hours and repairmen's wages, etc.) and publish findings of such surveys and research in order to prevent any dispute over repair costs between an insurer, etc. and an motor vehicle repair shop operator. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for the scope of and procedures for surveys and research under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 ( Motor Vehicle Insurance Medical Fees Review Council) |
| (1) | Insurers, etc. and medical institutions shall establish Motor Vehicle Insurance Medical Fees Review Council (hereinafter referred to as the "Council") which will perform the following duties through consultation, in order to prevent and expeditiously resolve any dispute over motor vehicle insurance medical fees: |
| 1. | Review and mediation of any dispute over motor vehicle insurance medical fees; |
| 2. | Recommendations on the adjustment of the Rules on Motor Vehicle Insurance Medical Fees; |
| 3. | Surveys and research related to duties under subparagraphs 1 and 2. |
| (2) | The Council shall be comprised of eighteen members, including one Chairperson. |
| (3) | The Minister of Land, Infrastructure and Transport shall commission Members, six of whom shall be commissioned upon recommendation by organizations such as insurers, another six upon recommendation by medical trade associations, and the remaining six from among those who meet the requirements prescribed by Presidential Decree. A member commissioned by the Minister of Land, Infrastructure and Transport for meeting the requirements prescribed by Presidential Decree shall not concurrently hold another office that may undermine fairness in the performance of his/her duties at the Council, such as a consultant for an insurer, etc. or a medical institution. <Amended by Act No. 11369, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | The Council shall select a Chairperson from among its members. |
| (5) | Each member shall hold office for a term of two years and may be appointed consecutively for further terms: Provided, That any member commissioned to fill a vacancy shall serve for the remainder of his/her predecessor's term of office. |
| (6) | Detailed matters necessary for the composition, operation, etc. of the Council shall be prescribed by Presidential Decree. |
| Article 18 (Operational Expenses) |
Expenses incurred in operating the Council shall be borne by insurers, etc. and medical institutions.
| Article 19 (Petition for Review of Motor Vehicle Insurance) |
| (1) | Where an insurer, etc. and a medical institution have an objection to the results of review conducted in accordance with Article 12-2 (2), they may file a petition for review thereof with the Council within 30 days from the date on which they are notified of the results of the objection raised. <Amended by Act No. 12021, Aug. 6, 2013> |
| (2) | Deleted. <by Act No. 12021, Aug. 6, 2013> |
| (3) | Where the insurer, etc. and the medical institution which have been notified of the results of review by a specialized examination institution under Article 12-2 (1) fails to file a petition for review with the Council within the period specified in paragraph (1), they shall be deemed to reach an agreement on the details of the claim filed by the relevant medical institution or on the results of review on the date when such period expires. <Amended by Act No. 12021, Aug. 6, 2013> |
| (4) | Deleted. <by Act No. 12021, Aug. 6, 2013> |
| (5) | Deleted. <by Act No. 12021, Aug. 6, 2013> |
| (6) | The subject matters, procedures, etc. of petition for review referred to in paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12021, Aug. 6, 2013> |
| Article 20 (Review and Decision-Making Procedures) |
| (1) | Where any petition for review is filed under Article 19 (1), the Council shall review and decide thereupon in accordance with the Rules on Motor Vehicle Insurance Medical Fees: Provided, That where the review of and decision on such petition is beyond the reach of the Rules on Motor Vehicle Insurance Medical Fees, the Council may advise the relevant parties to reach an agreement. |
| (2) | Matters necessary for review and decision-making procedures, etc. of the Council shall be determined by the Council, and approved by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 21 (Effect of Review and Decision) |
| (1) | Where the Council has made a decision on the petition for review as provided for in Article 19 (1), it shall notify the relevant parties the results thereof without delay. |
| (2) | If the parties who have been notified under paragraph (1) accepted the decision made by the Council, those parties shall be deemed to have reached agreement on the same terms as the contents of the said decision on the day of their explicit acceptance, and if the parties haven’t raise a lawsuit within 30 days after receipt of the notification, the parties shall be deemed to have reached such agreement on the day immediately after the period of 30 days has lapsed. In such cases, the parties shall make mutual settlement according to the contents of the Council's decision within seven days from the day on which such agreement is deemed reached. <Amended by Act No. 13377, Jun. 22, 2015> |
| Article 22 (Authority of the Council) |
The Council may, if deemed necessary for review and decision under Article 20 (1), request insurers, etc., medical institutions, insurers' organizations or medical institutions' associations to submit necessary documents, state their opinions or file reports, or entrust the relevant experts with medical diagnosis and examination.
| Article 22-2 (Provision of Data) |
In order to review and decide upon a petition for review under Article 20 (1), the Council may require a specialized examination institution to submit data or a written opinion. In such cases, the specialized examination institution so requested shall cooperate with such request, except in extenuating circumstances. [This Article Newly Inserted by Act No. 14092, Mar. 22, 2016]
| Article 23 (Notification of Violation of Law) |
Where it is found, in the process of review or in performing other duties, that parties and persons concerned have been involved in any violation of statues, the Council shall notify the relevant authorities thereof.
| Article 23-2 (Inspection of Operation of the Council) |
| (1) | The Minister of Land, Infrastructure and Transport may, where necessary, require materials relating to the operation of the Council and the application of review standards to be submitted, and inspect such materials. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Upon receipt of a request to submit or report materials prepared under paragraph (1), the Council shall comply therewith unless there is a compelling reason not to do so. |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
CHAPTER IV BUSINESS OF LIABILITY INSURANCE, ETC.
| Article 24 (Obligation to Conclude Contract) |
| (1) | Where a motor vehicle owner intends to purchase an insurance policy or enter into a mutual aid agreement provided in Article 5 (1) through (3), the relevant insurer, etc. shall not refuse to conclude such contract unless there is a reason prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), if a motor vehicle owner falls into any of the categories prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as high probability of causing a motor vehicle accident, etc., multiple insurers may jointly conclude a contract for insurance or mutual aid under Article 5 (1) through (3) with such motor vehicle owner. In such cases, the relevant insurers shall inform the motor vehicle owner of the procedures for conclusion of joint contract and premiums required according thereto. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 25 (Cancellation of Insurance Contract) |
No policyholder and insurer, etc. shall cancel or terminate a mandatory insurance contract, except in the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15118, Nov. 28, 2017>
| 2. | Where a business entity engaged in the business of dismantling and recycling motor vehicles takes over a relevant motor vehicle, its motor vehicle registration certificate, registration license plate and the seal, and issues a document substantiating such fact, as referred to in Article 58 (5) 1 of the Motor Vehicle Management Act; |
| 3. | Where a business entity engaged in the business of dismantling and recycling construction machinery acquires a relevant construction machine and its registration number plate, and issues a document substantiating such fact, as referred to in Article 25-2 of the Construction Machinery Management Act; |
| 4. | Where a relevant motor vehicle falls into the category referred to in Article 5 (4); |
| 5. | Where the policyholder intends to cancel or terminate one of the two mandatory insurance contracts because a relevant motor vehicle insurance is covered with dual contracts; |
| 6. | Where a relevant motor vehicle is transferred; |
| 7. | Where the policyholder verifies that the continued operation of a relevant motor vehicle is impossible due to an act of God, traffic accident, fire, theft or any other cause; |
| 8. | Where any other ground prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport arises. |
| Article 26 (Succession to Mandatory Insurance Contract) |
| (1) | Where a motor vehicle covered by mandatory insurance has been transferred, the transferee shall, notwithstanding Article 726-4 of the Commercial Act, succeed to the rights and duties of the transferor in respect of mandatory insurance contracts for a period from the transfer date of the motor vehicle (referring to the date when the transferee has actually acquired the motor vehicle after the payment of purchase price) until the expiration date of the term of application for registration of motor vehicle ownership transfer under Article 12 of the Motor Vehicle Management Act (if the transferee has entered into a contract for new liability insurance, etc. before the expiry of the term of application for registration of motor vehicle ownership transfer, until the date when the said contract is entered into). |
| (2) | In cases of paragraph (1), the transferor may have a claim against the transferee for the refund of such amount of premium of mandatory insurance (in cases of a mutual aid contract, mutual aid contributions; hereinafter the same shall apply) as corresponds to the period of succession. |
| (3) | Where the transferee has refunded to the transferor such an amount that corresponds to the period of his/her succession to mandatory insurance in accordance with paragraph (2), the transferee shall be exempt from the payment of the premium to the extent of the amount of his/her refund. |
| Article 27 (Separate Accounting of Mandatory Insurance Business) |
Any insurer, etc. shall establish a separate account for the mandatory insurance business, and treat the account clearly separately from other accounting for insurance business, other mutual aid business or any other business.
| Article 28 (Prior Consultation) |
Where the Financial Services Commission intends to set out or change the terms and conditions for motor vehicle insurance contracts under Article 4 (1) 2 (c) of the Insurance Business Act (limited to cases where liability insurance is included therein), it shall, in advance, consult with the Minister of Land, Infrastructure and Transport. [This Article Wholly Amended by Act No. 13377, Jun. 22, 2015]
| Article 29 (Payment of Insurance Money, etc.) |
| (1) | When an insurer, etc. pays insurance money, etc. to a third party who has died or been injured or whose property has been destroyed or damaged for any of the following reasons, the insurer, etc. may make a reimbursement claim in an amount set by Ordinance of the Ministry of Land, Infrastructure and Transport against any person who is legally liable for damage compensation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15118, Nov. 28, 2017> |
| 1. | Where a driver causes an accident while operating a motor vehicle without a driver’s license under the Road Traffic Act or qualifications to operate a motor vehicle (including cases where such qualifications are suspended), such as a construction machinery operator’s license under the Construction Machinery Management Act; |
| (2) | Where amended provisions of a Presidential Decree regarding modification of insurance money, etc. under a liability insurance policy, etc. provided in Article 5 (1) shall become favorable to policy-holders, etc., the following provisions can be imposed that would compel insurers, etc. to pay the modified insurance amount, etc., regardless of the terms of contract concluded before such modification: |
| 1. | Provisions requiring insurers, etc. to regard a previously-agreed insurance amount covered, etc. under the contract already concluded as the modified insurance amount, etc. without renewing the former contract; |
| 2. | Other provisions necessary for modification of the insurance amount covered, etc., or provisions necessary for the payment of the modified insurance amount covered, etc. |
CHAPTER V BUSINESS OF SUBSIDIZING DAMAGE FROM MOTOR VEHICLE ACCIDENTS
| Article 30 (Business of Guaranteeing Motor Vehicle Accident Compensation) |
| (1) | In any of the following cases, the Government shall, in response to a claim filed by a victim, compensate for damage sustained by the victim to the extent and amount covered by liability insurance: Provided, That the Government may conduct investigations ex officio and compensate for damage sustained by the victim to the extent and amount covered by liability insurance even if the victim has not filed a claim for damage: <Amended by Act No. 11369, Feb. 22, 2012> |
| 1. | Where a victim has died or been injured due to an accident that occurred during the operation of a motor vehicle, the owner of which is unidentified; |
| 2. | Where a person other than a policyholder, etc. is liable to compensate for damage under Article 3: Provided, That this shall not apply to any accident that occurred during the operation of any motor vehicle referred to in Article 5 (4). |
| (3) | In order to perform duties referred to in paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may request any of the following agencies to submit information prescribed by Presidential Decree, and collect and use the information, and the agency so requested shall provide the relevant information unless there is a compelling reason not to do so: <Newly Inserted by Act No. 11369, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14092, Mar. 22, 2016> |
| 1. | The Commissioner of the Korea National Police Agency; |
| 2. | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province, and the head of a Si/Gun/Gu; |
| 3. | An institution in charge of calculating insurance premium rates. |
| (4) | Upon receipt of a claim filed by an insurer, etc., the Government shall make compensation in accordance with Article 11 (5). |
| (5) | Matters necessary for persons eligible for the Government's compensation or aid under paragraphs (1), (2) and (4), standards for compensation, compensation amounts, methods, procedures, and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 11369, Feb. 22, 2012> |
| (6) | The Minister of Land, Infrastructure and Transport shall perform duties relating to the Government’s compensation business under paragraphs (1), (2) and (4) (hereinafter referred to as "business of guaranteeing motor vehicle accident compensation"). <Amended by Act No. 11369, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 30-2 (Business of Preventing Damage from Motor Vehicle Accidents) |
| (1) | In order to prevent damage, etc. caused by motor vehicle accidents, the Minister of Land, Infrastructure and Transport may conduct the following: |
| 1. | Education and public relations to prevent damage from motor vehicle accidents, or subsidization of relevant facilities and equipment; |
| 2. | Development and dissemination of apparatuses, equipment, etc. to prevent damage from motor vehicle accidents; |
| 3. | Other matters determined by Presidential Decree, such as research and development to prevent damage caused by motor vehicle accidents. |
| (2) | Necessary matters concerning standards for the business of preventing damage from motor vehicle accidents, amount required for conducting such business, methods, procedures, etc. therefor referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12021, Aug. 6, 2013]
| Article 31 (Assistance for Rehabilitation of Persons with Residue Harm from Motor Vehicle Accidents) |
| (1) | The Minister of Land, Infrastructure and Transport may perform such services (hereinafter "rehabilitation services") in the following subparagraphs as necessary for the rehabilitation of persons injured in a motor vehicle accident or persons with residue harm from injuries, by installing medical rehabilitation facilities and occupational rehabilitation facilities (hereinafter "rehabilitation facilities") in order to assist with their rehabilitation: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14092, Mar. 22, 2016> |
| 1. | Medical rehabilitation services and services incidental thereto, which are prescribed by Presidential Decree; |
| 2. | Occupational rehabilitation services (including occupational rehabilitation counseling) and services incidental thereto, which are prescribed by Presidential Decree. |
| (2) | Deleted. <by Act No. 14450, Dec. 20, 2016> |
| (3) | Buildings, land, other structures, etc. under construction or being created for the purpose of rehabilitation shall belong to the State. |
| (4) | Where the Minister of Land, Infrastructure and Transport installs rehabilitation facilities, he/she shall hear opinions of the organization for the persons with residue harm from motor vehicle accidents on important matters regarding the scale, design, etc. thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 32 (Designation of Operator of Rehabilitation Facilities) |
| (1) | The Minister of Land, Infrastructure and Transport may outsource the management and operation of rehabilitation facilities or of rehabilitation services to a person designated by the Minister of Land, Infrastructure and Transport from among persons who meet the requirements based on the classifications set forth in the following subparagraphs: <Amended by Act No. 9738, May 27, 2009; Act No. 11690, Mar. 23, 2013; Act No. 13377, Jun. 22, 2015> |
| 2. | Occupational rehabilitation facilities and rehabilitation services under Article 31 (1) 2: any of the following persons: |
| (a) | A corporation that meets the requirements prescribed by Presidential Decree and has obtained permission from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act, from among associations of persons with residue harm from motor vehicle accidents; |
| (b) | A corporation that meets the requirements prescribed by Presidential Decree and is a social cooperative established in accordance with the Framework Act on Cooperatives, from among associations of persons with residue harm from motor vehicle accidents. |
| (2) | A person who intends to be designated pursuant to paragraph (1) shall file an application with the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 9738, May 27, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | Where a person who has been designated pursuant to paragraph (1) (hereinafter "operator of rehabilitation facilities") performs, as the person outsourced with the management and operation of rehabilitation facilities or rehabilitation services, his/her duties relating thereto, he/she shall create a separate account and manage the account clearly separately from other accounting. <Amended by Act No. 9738, May 27, 2009> |
| (4) | Matters necessary for the procedure for designating and supervision over operators of rehabilitation facilities, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 33 (Cancellation of Designation as Operator of Rehabilitation Facilities) |
| (1) | Where an operator of rehabilitation facilities falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may cancel his/her designation: Provided, That where the operator of rehabilitation facilities falls under subparagraph 1 or 2, such designation shall be cancelled: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where the operator has been designated by fraud or other improper means; |
| 2. | Where the operator no longer meets the requirements prescribed in subparagraphs of Article 32 (1); |
| 3. | Where the operator has failed to establish a separate account for this business, and treat the account clearly separately from other accounting for other business, in violation of Article 32 (3); |
| 4. | Where the operator has failed to comply with the corrective order issued pursuant to Article 43 (4) on at least three occasions without good cause; |
| 5. | Where it becomes impracticable for the operator to continuously perform duties relating to the management and operation of rehabilitation facilities or rehabilitation services due to changes in circumstances, such as the liquidation of corporation. |
| (2) | Where the Minister of Land, Infrastructure and Transport has cancelled the designation of an operator of rehabilitation facilities pursuant to paragraph (1) and both of the following situations arise, he/she may allow the person whose designation has been cancelled to continue performing his/her duties concerning the management and operation of rehabilitation facilities or rehabilitation services for a specified period and under specific conditions until a new operator of rehabilitation facilities is designated. In such cases, the person whose designation has been cancelled shall be deemed an operator of rehabilitation facilities to the extent that he/she continues to perform such duties: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where it is impracticable to select a new operator of rehabilitation facilities who can commence such duties on the date when the designation was cancelled; |
| 2. | Where the continued management and operation of rehabilitation facilities or rehabilitation service is necessary. |
| (3) | No person whose designation has been cancelled in accordance with paragraph (1) shall be re-designated as an operator of rehabilitation facilities within 2 years from the date when the designation was cancelled (if the duties have been continuously performed pursuant to paragraph (2), the date when such duties were terminated). |
| Article 34 (Rehabilitation Facility Deliberative Committee) |
| (1) | In order to deliberate on the following matters regarding the installation of rehabilitation facilities, operation of rehabilitation services, etc., a Rehabilitation Facility Deliberative Committee (hereinafter the "Deliberative Committee") shall be established under the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Matters regarding the installation and management of rehabilitation facilities; |
| 2. | Matters regarding the operation of rehabilitation services; |
| 3. | Matters regarding designation of an operator of rehabilitation facilities and cancellation thereof; |
| 4. | Matters regarding business plans and budget for operators of rehabilitation facilities; |
| 5. | Other matters regarding the management and operation of rehabilitation facilities and rehabilitation services, prescribed by Presidential Decree. |
| (2) | Matters necessary for the composition, operation, etc. of the Deliberative Committee shall be prescribed by Presidential Decree. |
| Article 35 (Application Mutatis Mutandis of Provisions) |
| (1) | Articles 10 through 13, 13-2 and 14 shall apply mutatis mutandis to a victims’ compensation claim under Article 30 (1). In such cases, "insurer, etc." shall be regarded as a "person conducting business of guaranteeing motor vehicle accident compensation", and "insurance money, etc." as "compensation." <Amended by Act No. 9450, Feb. 6, 2009> |
| (2) | Articles 19 and 20 shall apply mutatis mutandis to petitions for review of medical fees for victims as part of the compensation package under Article 30 (1). In such cases, "insurer, etc." shall be regarded as a "person conducting business of guaranteeing motor vehicle accident compensation". |
| Article 36 (Adjustment of Compensation under Other Acts) |
| (2) | Where a victim is compensated for damage under Article 30 (1) by the person who is liable for damage pursuant to Article 3, the Government shall be exempted from such liability for damage under Article 30 (1) in an amount not in excess of compensation the victim has received. |
| (3) | Where a person who is supposed to receive aid under Article 30 (2) has received aid for the same reason under any other Act, the Government shall not be required to render aid under Article 30 (2) to the extent of any aid the person has received. |
| Article 37 (Contributions to Business of Subsidizing Damage from Motor Vehicle Accidents) |
| (1) | Any person obliged to purchase a liability insurance policy, etc. under Article 5 (1) and any owner of the motor vehicle prescribed by Presidential Decree, which is provided in Article 5 (4), shall pay a contribution for the business of subsidizing damage from motor vehicle accidents and relevant business to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 12021, Aug. 6, 2013; Act No. 14450, Dec. 20, 2016> |
| (2) | Where a person who is obliged to purchase liability insurance in accordance with Article 5 (1) pays a contribution in accordance with paragraph (1), an insurer, etc. that intend to enter into a liability insurance contract with such person shall collect the contribution at the time when the contract is concluded and pay the contribution to the Government. |
| (3) | The Minister of Land, Infrastructure and Transport may collect an additional contribution from a person who causes an accident specified in Article 30 (1) 1 or 2, within the scope of three times the contribution referred to in paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 14092, Mar. 22, 2016> |
| (4) | Matters necessary for the amount of contributions referred to in paragraph (1), the method of payment and the management thereof shall be prescribed by Presidential Decree. <Amended by Act No. 14092, Mar. 22, 2016; Act No. 14450, Dec. 20, 2016> |
| Article 38 (Disposition on Contributions in Arrears) |
| (1) | Where a person has not paid the contribution under Article 37 by the payment deadline, the Minister of Land, Infrastructure and Transport shall urge him/her to pay the contribution for a specified period of not less than ten days. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the person who has been urged to pay the contribution pursuant to paragraph (1) fails to pay it within the prescribed period, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 39 (Subrogation of Rights to Claims) |
| (1) | Where the Government has made compensation pursuant Article 30 (1), the Government may vicariously exercise the victim's right to claim compensation for damages against the person who is liable for damage under Article 3 up to the extent of the amount it has paid to the victim. |
| (2) | Where the Government compensates an insurer, etc. in accordance with Article 30 (4), the Government may vicariously exercise the right of the insurer, etc. to claim the refund against any person to whom an advance payment is made under Article 11 (3) and (4). <Amended by Act No. 11369, Feb. 22, 2012> |
| (3) | In any of the following cases, the Government may discontinue the vicarious exercise of the right to claims under paragraphs (1) and (2) in accordance with a decision of the Credit Settlement Committee for Affairs Guaranteeing Motor Vehicle Accident Compensation under Article 39 (2) and dispose of deficits of the credits for the recourse amount or unrefunded advance payment, etc.: <Newly Inserted by Act No. 9450, Feb. 6, 2009> |
| 1. | Where the extinctive prescription of the relevant right is completed; |
| 2. | Cases prescribed by Presidential Decree where it is deemed impossible to collect receivables. |
| Article 39-2 (Credit Settlement Committee for Business of Guaranteeing Motor Vehicle Accident Compensation) |
| (1) | In order to decide on matters related to dispositions on deficits of the receivables under Article 39 (1) and (2), the Minister of Land, Infrastructure and Transport shall establish a Credit Settlement Committee for the Business of Guaranteeing Motor Vehicle Accident Compensation (hereinafter referred to as the "Credit Settlement Committee"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for the organization, operation, etc. of the Credit Settlement Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER VI MOTOR VEHICLE ACCIDENT COMPENSATION AGENCY
| Article 39-3 (Establishment of Motor Vehicle Accident Compensation Agency) |
| (1) | The Minister of Land, Infrastructure and Transport may establish a Motor Vehicle Accident Compensation Agency to systematically facilitate the business of guaranteeing motor vehicle accident compensation and to conduct inspections, etc. of persons running a mutual aid business. |
| (2) | The Motor Vehicle Accident Compensation Agency shall be a juristic person. |
| (3) | The Motor Vehicle Accident Compensation Agency shall be duly established when its establishment is registered with the registry having jurisdiction over its principal place of business. |
| (4) | The articles of incorporation of the Motor Vehicle Accident Compensation Agency shall include the following: |
| 3. | Matters relating to its offices; |
| 4. | Matters relating to its executive officers and employees; |
| 5. | Matters relating to its business and execution thereof; |
| 6. | Matters relating to budgets and accounting; |
| 7. | Matters relating to the board of directors; |
| 8. | Matters relating to amendment of its articles of incorporation. |
| (5) | When the Motor Vehicle Accident Compensation Agency prepares or amends its articles of incorporation, it shall obtain approval therefor from the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
| Article 39-4 (Business Affairs) |
| (1) | The Motor Vehicle Accident Compensation Agency shall perform the following business affairs: |
| 1. | Inspection of business and property of institutions subject to inspection under paragraph (2); |
| 2. | Support for the formulation and implementation of policies for motor vehicle accident compensation and indemnity; |
| 3. | Research on policies for motor vehicle accident compensation and indemnity; |
| 4. | Other business affairs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Institutions to be inspected by the Motor Vehicle Accident Compensation Agency shall be as follows: |
| 3. | Other institutions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
| Article 39-5 (Executive Officers) |
| (1) | The Motor Vehicle Accident Compensation Agency shall have one President, not more than eight directors including one chief director, and one auditor. |
| (2) | The President shall represent the Motor Vehicle Accident Compensation Agency, exercise overall control over its business, and be appointed by the Minister of Land, Infrastructure and Transport upon recommendation by the board of directors under paragraph (5). |
| (3) | The auditor shall audit business and accounting of the Motor Vehicle Accident Compensation Agency and shall be appointed by the Minister of Land, Infrastructure and Transport. |
| (4) | Executive officers, other than the President, shall serve on a part-time basis. |
| (5) | The Motor Vehicle Accident Compensation Agency may have a board of directors to deliberate and decide on matters relating to business affairs set forth in Article 39-4 (1). |
| (6) | The board of directors shall be comprised of the President, the chief director, and directors, the total number of whom does not exceed nine. |
| (7) | Matters necessary for the composition and operation of the board of directors shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
| Article 39-6 (Prohibition against Use of Similar Name) |
No person, other than the Motor Vehicle Accident Compensation Agency under this Act, shall use “Motor Vehicle Accident Compensation Agency” or any other name similar thereto.
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
| Article 39-7 (Financial Resources) |
| (1) | The Motor Vehicle Accident Compensation Agency may receive expenses incurred in performing inspections set forth in Article 39-4 (1) 1 from an institution under any subparagraph of Article 39-4 (2). |
| (2) | The Motor Vehicle Accident Compensation Agency may recover necessary operating expenses, in addition to expenses for inspections, from an institution set forth in any subparagraph of Article 39-4 (2). |
| (3) | The Motor Vehicle Accident Compensation Agency shall use any of the following financial resources to cover its expenses: |
| 1. | Revenues set forth in paragraph (1); |
| 2. | Revenues set forth in paragraph (2); |
| (4) | Matters necessary for the limits on, management, etc. of revenues set forth in paragraph (3), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
| Article 39-8 (Request for Submission of Materials) |
| (1) | If deemed necessary for performing business affairs, the President may request the submission of materials on, conduct inspections of, or make inquiries about its business or property from any institution set forth in any subparagraph of Article 39-4 (2). |
| (2) | Any person who conducts an inspection or makes an inquiry pursuant to paragraph (1) shall carry a document indicating his/her authority and present it to interested persons. |
| (3) | The President shall, without delay, report the results of inspection relating to business affairs, etc. under paragraph (1) to the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
| Article 39-9 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
| Article 39-10 (Budget and Settlement of Accounts) |
| (1) | The budget for the Motor Vehicle Accident Compensation Agency shall be approved by the Minister of Land, Infrastructure and Transport. |
| (2) | The fiscal year of the Motor Vehicle Accident Compensation Agency shall coincide with that of the Government. |
| (3) | The Motor Vehicle Accident Compensation Agency shall submit a budget bill to the Minister of Land, Infrastructure and Transport by not later than 60 days before the commencement of each new fiscal year. |
| (4) | The President shall submit a statement of accounts for the relevant year to the Minister of Land, Infrastructure and Transport within two months after the end of the fiscal year. |
[This Article Newly Inserted by Act No. 13377, Jun. 22, 2015]
CHAPTER VI-II FUND FOR SUBSIDIZING DAMAGE FROM MOTOR VEHICLE ACCIDENTS
| Article 39-11 (Establishment of Fund for Subsidizing Damage from Motor Vehicle Accidents) |
The Minister of Land, Infrastructure and Transport shall establish a Fund for Subsidizing Damage from Motor Vehicle Accidents (hereinafter referred to as the "Fund") in order to secure finances necessary for the business of subsidizing damage from motor vehicle accidents and relevant business.
[This Article Newly Inserted by Act No. 14450, Dec. 20, 2016]
| Article 39-12 (Establishment and Use of Fund) |
| (1) | The Fund shall consist of the following financial resources: |
| 2. | Proceeds from the operation of the Fund. |
| (2) | The Fund shall be used for any of the following purposes: |
| 1. | Organization and operation of computer networks for underwriting management under Article 7 (1); |
| 4. | Compensation for the amount of an advance payment not refunded referred to in Article 30 (4); |
| 5. | Business of preventing damage from motor vehicle accidents referred to in Article 30-2 (1); |
| 6. | Establishment of rehabilitation facilities referred to in Article 31 (1); |
| 7. | Management and operation of rehabilitation facilities or rehabilitation services under Article 32 (1); |
| 8. | Exercising a subrogation claim under Article 39 (1) or (2); |
| 9. | Operation of the Credit Settlement Committee under Article 39-2 (1); |
| 10. | Operation of, and support for, the Motor Vehicle Accident Compensation Agency established under Article 39-3 (1); |
| 12. | Research and surveys on the business of subsidizing damage from motor vehicle accidents; |
| 13. | Education and training in Korea and abroad to nurture professional manpower related to the business of subsidizing damage from motor vehicle accidents; |
| 14. | Expenses incurred in establishing and operating the Fund, such as receipt and management of contributions. |
[This Article Newly Inserted by Act No. 14450, Dec. 20, 2016]
| Article 39-13 (Management and Operation of Fund) |
| (1) | The Fund shall be managed and operated by the Minister of Land, Infrastructure and Transport. |
| (2) | Some of the duties of the Minister of Land, Infrastructure and Transport concerning the management and operation of the Fund may be entrusted to the Motor Vehicle Accident Compensation Agency established under Article 39-3, an insurer, etc., or an insurance-related organization, as prescribed by Presidential Decree. |
| (3) | Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the management and operation of the Fund shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14450, Dec. 20, 2016]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 40 (Prohibition of Seizure) |
The right to claims under Article 10 (1), 11 (1), or 30 (1) shall not be subject to seizure or alienation.
| Article 41 (Prescription) |
Where the claim under Article 10, 11 (1), 29 (1) or 30 (1) is not exercised within three years, its prescription shall expire. <Amended by Act No. 9450, Feb. 6, 2009>
| Article 42 (Prohibition of Dispositions, such as Registration of those who have yet to Purchase Mandatory Insurance) |
| (1) | Where a motor vehicle obligated to buy mandatory insurance pursuant to Article 5 (1) through (3) falls under any of the following cases, the competent administrative agency (including any person entrusted with the relevant duties; hereinafter the same shall apply) shall accept registration, grant permission, conduct inspections or removal, or receive reports upon ascertaining that the motor vehicle has bought mandatory insurance: |
| (2) | In applying paragraph (1) 1, where a motor vehicle is newly registered pursuant to Article 8 of the Motor Vehicle Management Act, the relevant motor vehicle shall be deemed to be covered by mandatory insurance only if it has mandatory insurance that guarantees liability to pay compensation for damage which occurs after the period of a temporary operation permit referred to in Article 27 of the same Act expires. |
| (3) | Necessary matters for the methods of, and procedures for, ascertaining the purchase of mandatory insurance referred to in paragraphs (1) and (2) and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11369, Feb. 22, 2012]
| Article 43 (Inspection, Inquiry) |
| (1) | If deemed necessary, the Minister of Land, Infrastructure and Transport may cause public officials under his/her control to enter rehabilitation facilities, medical institutions which have filed claims for motor vehicle insurance medical fees or offices, etc. of the persons entrusted with authority pursuant to Article 45 (1) through (5) to conduct any of the following acts: Provided, That only the acts set forth in subparagraphs 1 and 3 shall apply to the medical institutions which have filed claims for motor vehicle insurance medical fees: <Amended by Act No. 9738, May 27, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12021, Aug. 6, 2013> |
| 1. | An inspection of papers, such as documents regarding the status of processing of the duties prescribed by this Act; |
| 2. | An act of being briefed on matters relating to relevant duties, accounting, and property; |
| 3. | An inquiry into interested persons. |
| (2) | The Minister of Land, Infrastructure and Transport may request a relevant central administrative agency, relevant local government, or the Financial Supervisory Service, etc. to submit such data as may be necessary to ascertain the status of processing of duties concerning the insurance business provided for in this Act or to efficiently conduct the business of guaranteeing compensation for motor vehicle accidents. In such cases, the relevant central administrative agency, relevant local government, or the Financial Supervisory Service, etc. which have been requested to submit the data shall comply therewith unless there is a compelling reason not to do so. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Any public official who conducts an inspection or inquiry in accordance with paragraph (1) shall carry an identification indicating his/her authority and present it to interested persons. |
| (4) | Where the Minister of Land, Infrastructure and Transport finds any violation of a statute or other misconduct as a result of inspection or report pursuant to paragraph (1), he/she may issue a corrective order to the operator of rehabilitation facilities or the person who has been entrusted with authority. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 43-2 (Monetary Rewards) |
| (1) | The Minister of Land, Infrastructure and Transport may grant a monetary reward of up to one million won to a person who has witnessed a motor vehicle or its driver killing or injuring any third party in a car accident while the car, the owner of which is unidentified, was in operation and files a report or an accusation of such accident with a relevant administrative agency or investigation agency prescribed by Presidential Decree, if the driver so reported or accused is arrested. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Monetary rewards referred to in paragraph (1) may be paid to the extent that the amount of compensation to be paid pursuant to Article 30 (1) 1 is saved as a result of arresting the driver reported or accused under paragraph (1). <Amended by Act No. 14450, Dec. 20, 2016> |
| (3) | Persons eligible for monetary rewards under paragraph (1), standards for, amount and methods of, and procedures for the payment thereof, and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
| Article 43-3 (Recommendation for Discount on Premiums) |
| (1) | The Minister of Land, Infrastructure and Transport may recommend that insurers, etc. expand discounts on premiums, for motor vehicles equipped with vehicle safety systems which are effective in preventing motor vehicle accidents. |
| (2) | Types of vehicle safety systems referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14092, Mar. 22, 2016]
| Article 44 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport may delegate part of his/her authority granted by this Act to the Mayor of Special Metropolitan City, Mayor of Metropolitan City, Governor of Do, Governor or Special Self-Governing Province, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 45 (Entrustment of Duties) |
| (1) | The Minister of Land, Infrastructure and Transport may entrust the following duties to an insurer, etc.,an insurance-related organization, or the Motor Vehicle Accident Compensation Agency, as prescribed by Presidential Decree. In such cases, he/she or it shall consult with the Financial Services Commission with regard thereto: <Amended by Act No. 11369, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14450, Dec. 20, 2016; Act No. 16635, Nov. 26, 2019> |
| 1. | Duties concerning compensation under Article 30 (1); |
| 2. | Duties concerning implementing the rights and obligations bestowed upon a person conducting the business of guaranteeing motor vehicle accident compensation who is deemed an insurer, etc. under Article 35; |
| 3. | Duties concerning the receipt and management of contributions under Article 37; |
| 4. | Duties concerning exercise of a subrogation claim for damages under Article 39 (1); |
| 5. | Duties, such as investigation and verification of technical data necessary for deliberating on agenda items by the Credit Settlement Committee; |
| 6. | Duties concerning the payment of monetary rewards referred to in Article 43-2 (1). |
| (2) | The Minister of Land, Infrastructure and Transport may entrust duties to provide aid referred to in Article 30 (2) and duties to install rehabilitation facilities to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14939, Oct. 24, 2017> |
| (3) | The Minister of Land, Infrastructure and Transport may entrust duties to organize and operate computer networks for underwriting management provided in Article 7 to any institution in charge of calculating insurance premium rates. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may entrust duties concerning compensation provided in Article 30 (4) and claims for refund provided in Article 39 (2) to any insurance-related organization or any special corporation established under any special Act. <Amended by Act No. 11369, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport may entrust business affairs relating to the business of preventing damage from motor vehicle accidents under Article 30-2 (1) to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act and any insurance-related organization. <Newly Inserted by Act No. 12021, Aug. 6, 2013; Act No. 14939, Oct. 24, 2017> |
| (6) | The Government may provide subsidies to a person entrusted with the duties provided in paragraph (1) or (2) within budgetary limits in order to appropriate such subsidies for compensation or aid money he/she has to pay. <Amended by Act No. 12021, Aug. 6, 2013> |
| (7) | Any person entrusted with the duties referred to in paragraphs (1) through (4) shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act. <Newly Inserted by Act No. 9450, Feb. 6, 2009; Act No. 12021, Aug. 6, 2013> |
| (8) | Deleted. <by Act No. 14450, Dec. 20, 2016> |
| (9) | Deleted. <by Act No. 14450, Dec. 20, 2016> |
| Article 45-2 (Provision and Management of Information) |
| (1) | Where an institution in charge of calculating insurance premium rates which is entrusted with the duties under Article 45 (3), upon receipt of a request from a person entrusted with the duties under paragraph (1) of the same Article, may provide him/her with information managed by the computer networks for underwriting management within the scope prescribed by Presidential Decree, such as the contents of the information to be furnished. |
| (2) | Where information is provided under paragraph (1), an institution in charge of calculating insurance premium rates which is entrusted with the duties under Article 45 (3) shall, for three years, keep materials wherein the person whose information is furnished, the contents of the information provided, the person who has requested the information, and the purpose of providing information are recorded. |
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
| Article 45-3 (Obligation of Person Utilizing Information) |
No institution entrusted in charge of calculating insurance premium rates which is entrusted with the duties under Article 45 (3) nor any person provided with the information under Article 45-2 (1) shall disclose any information which has come to his/her or its knowledge in the course of his/her or its duties performed or use such information for unjustifiable purposes such as to furnish it to be used by another person. [This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER VIII PENALTY PROVISIONS
| Article 46 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding thirty million won: Provided, That a person falling under subparagraph 1 may be indicted only when a victim who has sustained damage by divulgence of his/her confidential information lodges a complaint against the offender: <Amended by Act No. 9450, Feb. 6, 2009; Act No. 11369, Feb. 22, 2012; Act No. 12987, Jan. 6, 2015> |
| 1. | A person who divulges any of the confidential information of any third party acquired in the course of inspecting medical records or investigation records relating to traffic accidents or the personal information that has been provided, in violation of Article 14 (8); |
| 2. | An insurer, etc. which fails to establish a separate account for mandatory insurance business and treat the account clearly separately from accounting for other businesses, in violation of Article 27; |
| 3. | An operator of a rehabilitation facility who fails to treat the account clearly separately from accounting for other businesses, in violation of Article 32 (3); |
| 4. | A person who divulges any information or provides such information to any third party for others to use, in violation of Article 45-3. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 11369, Feb. 22, 2012; Act No. 12987, Jan. 6, 2015> |
| 1. | A motor vehicle owner who operates his/her motor vehicle during the period of exemption from purchase of a mandatory insurance policy, in violation of Article 5-2 (2); |
| 2. | A motor vehicle owner who operates a motor vehicle with no mandatory insurance, in violation of the main clause of Article 8. |
| (3) | Any medical institution that files a claim for motor vehicle insurance medical fees stating the false medical records, or that prepares false medical records to file such claim, in violation of Article 12 (3), shall be punished by a fine not exceeding fifty million won. |
| Article 47 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits a violation described in Article 46 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be subject to a fine prescribed in the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision with respect to the relevant duties to prevent such offense. [This Article Wholly Amended Act No. 9450, Feb. 6, 2009]
| Article 48 (Administrative Fines) |
| (1) | Deleted. <by Act No. 12021, Aug. 6, 2013> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding twenty million won: |
| 1. | Any insurer, etc. who refuses to pay an advance payment claimed by a victim, in violation of Article 11 (2); |
| 2. | Any founder of a medical institution who files a claim for motor vehicle insurance medical fees with a motor vehicle accident patient (or his/her guardian), in violation of Article 12 (5); |
| 3. | Any insurer, etc. which refuses to enter into a contract for insurance or mutual aid provided for in Article 5 (1) through (3) with a person applying for such contract, in violation of Article 24 (1); |
| 4. | Any insurer, etc. which cancels or terminates a contract for mandatory insurance, in violation of Article 25. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding three million Won: <Amended by Act No. 9738, May 27, 2009> |
| 1. | Any person who fails to purchase a mandatory insurance policy provided for in Article 5 (1) through (3); |
| 2. | Any insurer, etc. who fails to issue a notice, in violation of Article 6 (1) or (2); |
| 3. | Any founder of a medical institution who fails to keep and retain records of outings and sleep-overs by inpatients, in violation of Article 13 (1), or has kept and retained false records; |
| 3-2. | Any person who fails to comply with a request for an inspection of records, in violation of Article 13 (3); |
| 3-3. | Any person who fails to comply with inspections, requests for reports or questions under Article 43 (1) or who has obstructed or evaded them without good cause; |
| 4. | A person who fails to comply with a corrective order under Article 43 (4). |
| (4) | Any person who uses “Motor Vehicle Accident Compensation Agency” or any other name similar thereto in violation of Article 39-6 shall be subject to an administrative fine not exceeding five million won. <Newly Inserted by Act No. 13377, Jun. 22, 2015> |
| (5) | Administrative fines set forth in paragraphs (1) through (3) and those set forth in paragraph (4) shall be imposed and collected by the head of a Si/Gun/Gu and the Minister of Land, Infrastructure and Transport, respectively, as prescribed by Presidential Decree. <Newly Inserted by Act No. 9450, Feb. 6, 2009; Act No. 13377, Jun. 22, 2015> |
| Article 49 Deleted. <by Act No. 9450, Feb. 6, 2009> |
CHAPTER IX SPECIAL CASES CONCERNING DISPOSITIONS AGAINST OFFENSES
| Article 50 (Common Provisions) |
| (1) | "Offense" in this Chapter means any offense (excluding any case in which a traffic accident occurs during the operation of a motor vehicle with no mandatory insurance) that constitutes any crime provided in Article 46 (2), and the specific scope thereof shall be prescribed by Presidential Decree. <Amended by Act No. 11369, Feb. 22, 2012> |
| (2) | "Offender" in this Chapter means any person who commits an offense and does not fall under any of the following subparagraphs: |
| 1. | A person who habitually commits offenses; |
| 2. | A person who shall not be subject to a notification disposition as deemed inappropriate in view of the motives, instrumentalities, consequences, etc. of a crime committed. |
| (3) | "Penalty" in this Chapter means money to be paid by an offender to the State Treasury or to the treasury of a Special Self-Governing Province or a Si/Gun/Gu (referring to an autonomous Gu) in compliance with the notification disposition referred to in Article 51. <Amended by Act No. 11369, Feb. 22, 2012> |
| (4) | In order to help senior judicial police officers investigate offenses smoothly, the Minister of Land, Infrastructure and Transport may provide the Commissioner of the Korean National Police Agency with the information being managed in the computer networks for underwriting management, within the limits prescribed by Presidential Decree. <Amended by Act No. 11369, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 51 (Notification Dispositions) |
| (1) | The head of a Si/Gun/Gu or the head of a police station may notify the person deemed an offender of a penalty payment, by means of a penalty payment notice, stating the grounds therefor: Provided, That this shall not apply to the following persons: <Amended by Act No. 11369, Feb. 22, 2012> |
| 1. | A person whose name or address is unidentified; |
| 2. | A person who refuses to receive a penalty payment notice. |
| (2) | The amount of a penalty to be notified under paragraph (1) shall be prescribed by Presidential Decree in an amount not to exceed the amount of fines provided for in Article 46 (2) in view of the type of the relevant motor vehicle and the severity of the relevant offense. |
| Article 52 (Payment of Penalties) |
| (1) | Any person who has received a penalty payment notice under Article 51 shall pay the relevant penalty to the receiving agency designated by the head of a Si/Gun/Gu or the head of a police station within ten days after receipt of the notice: Provided, That where he/she is unable to pay the penalty within the relevant period due to an act of God or any other unavoidable cause, he/she shall pay it within five days from the date such ground has ceased to exist. <Amended by Act No. 11369, Feb. 22, 2012> |
| (2) | Any person dissatisfied with a penalty payment notice under paragraph (1) may file an objection with the head of a Si/Gun/Gu or the head of a police station by the specified payment deadline. <Amended by Act No. 11369, Feb. 22, 2012> |
| Article 53 (Effect of Notification Dispositions) |
| (1) | Any person who has paid a penalty under Article 51 (1) shall not be re-punished for the same offense. |
| 1. | Where a case referred to in any subparagraph of Article 50 (2) occurs; |
| 2. | Where a case referred to in any subparagraph of Article 51 (1) occurs; |
| 3. | Where a penalty is not paid by the payment deadline provided for in Article 52 (1); |
| 4. | Where an objection is filed under Article 52 (2). |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures concerning Dispositions)
Any acts by/against administrative agencies done under the former provisions as at the time this Act enters into force shall be deemed acts by/against administrative agencies done under this Act corresponding thereto.
Article 3 (General Transitional Measures concerning Penalty Provisions)
The application of penalty provisions for violations committed before this Act enters into force shall be governed by the former provisions.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
Where the former Compulsory Motor Vehicle Liability Security Act or the provisions thereof have been cited in other statutes at the time this Act enters into force, this Act or the corresponding provisions in this Act shall, if any, be deemed to have been cited in place of the former provisions.
ADDENDA <Act No. 9449, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9450, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability concerning Motor Vehicle Insurance Medical Fees)
The amended provisions of subparagraph 7 (c) of Article 2 shall apply beginning with the first payment made by a motor vehicle accident patient to a medical institution after this Act enters into force. Article 3 (Applicability concerning Compensation Claim for Advance Payment Made by Insurer, etc. to Victim)
The amended provisions of Article 11 (5) shall apply beginning with the first claim for compensation for advance payment made to a victim, which is filed after this Act enters into force. Article 4 (Applicability concerning Extinctive Prescription of Claim for Reimbursement by Insurer, etc.)
The amended provisions of Article 41 shall apply beginning with the first payment of insurance money, etc. made to a victim after this Act enters into force.
ADDENDUM <Act No. 9738, May 27, 2009>
This Act shall enter into force three months after the date of it promulgation: Provided, That the amended provisions of Article 32 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11369, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 17 (3) shall enter into force three months after the date of its promulgation. Article 2 (Applicability concerning Removal from Custody of Motor Vehicle Registration Plates)
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12021, Aug. 6, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12987, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13377, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 32 (1) 2 shall enter into force on the date of its promulgation. Article 2 (Applicability concerning Payment of Motor Vehicle Insurance Medical Fees)
The amended provisions of the proviso to Article 12 (4) shall apply beginning with the first duty entrusted by an insurer, etc. pursuant to Article 12-2 (1) after this Act enters into force. Article 3 (Applicability concerning Period for Mutual Settlement)
The amended provisions of the latter part of Article 21 (2) shall apply beginning with the first agreement deemed reached between an insurer, etc. and a medical institution, on the same terms as a decision by the Council after this Act enters into force.
ADDENDA <Act No. 14092, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Additional Collection of Contributions)
The amended provisions of Article 37 (3) shall apply beginning with cases where a person causes a motor vehicle accident specified in Article 30 (1) 1 or 2 after this Act enters into force.
ADDENDUM <Act No. 14450, Dec. 20, 2016>
This Act shall enter into force on January 1, 2017.
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on Jan. 1, 2018.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15118, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reimbursement Claims Made by Insurance Company, etc. against Persons Legally Liable for Compensation for Damage)
The amended provisions of Article 29 (1) 3 shall apply, starting with the first case where a third party has died or been injured or whose property has been destroyed or damaged in an accident caused by a failure to take necessary measures prescribed in subparagraph 1 of Article 54 of the Road Traffic Act after this Act enters into force.
ADDENDUM <Act No. 16635, Nov. 26, 2019>
This Act shall enter into force three months after the date of its promulgation.