The purpose of this Act is to promote and support the commercialization of autonomous driving motor vehicles, by prescribing matters necessary for introducing and widely selling autonomous driving motor vehicles as well as for establishing, supporting, etc. the foundation for the safe operation of such vehicles, thereby contributing to improving the people’s living environment and to developing the national economy.
The terms used in this Act are defined as follows:
| 2. | The term “autonomous driving system” means automation equipment, software, and all devices related thereto that enable a motor vehicle to operate by perceiving and evaluating surrounding conditions, road information, etc. by itself without any operation by its driver or passengers; |
| 4. | The term “precision road map” means a precision electronic map that includes location information, such as roads, to be used for the operation of autonomous driving motor vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, being the survey results defined in subparagraph 8 of Article 2 of the Act on the Establishment and Management of Spatial Data; |
| 5. | The term “pilot operation zone for autonomous driving motor vehicles” means an area to which regulatory exceptions apply to promote research on, and pilot operation of, autonomous driving motor vehicles, which is designated under Article 7; |
| 6. | The term “regulatory exception” means relaxing or removing regulation or devolving regulatory authority, being matters prescribed in Articles 9 through 13. |
| (2) | Types of autonomous driving motor vehicles shall be classified as follows, but the vehicles may be sub-classified, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | Partially autonomous driving motor vehicle: An autonomous driving motor vehicle that requires intervention by the driver or passengers, since its autonomous driving system alone cannot enable it to self-drive or it requires constant attention from the driver; |
| 2. | Fully autonomous driving motor vehicle: An autonomous driving motor vehicle that has no driver or does not require intervention by the driver or passengers, since its autonomous driving system alone can enable it to self-drive. |
| Article 3 (Relationship to Other Statutes) |
This Act shall prevail over other statutes regarding regulatory exceptions in pilot operation zones for autonomous driving motor vehicles designated under Article 7: Provided, That where more lenient provisions exist in any other statute than regulatory exceptions prescribed in this Act, such provisions shall govern.
| Article 4 (Formulation of Master Plans) |
| (1) | To introduce and widely sell autonomous driving motor vehicles and to develop autonomous-driving-based transport and logistics systems, the Minister of Land, Infrastructure and Transport shall formulate a master plan for autonomous-driving-based transport and logistics systems that includes the following (hereinafter referred to as “master plan”), every five years: |
| 1. | Basic direction-setting for, and objectives of, policies to support autonomous-driving-based transport and logistics systems; |
| 2. | Research and development plans for infrastructure to support the safety and operation of autonomous driving motor vehicles, as well as for autonomous-driving-based transport and logistics systems; |
| 3. | Building a cooperative autonomous driving system as well as precision road maps; |
| 4. | International cooperation related to infrastructure to support the safety and operation of autonomous driving motor vehicles, as well as to autonomous-driving-based transport and logistics systems; |
| 5. | Any other matters prescribed by Presidential Decree in relation to autonomous-driving-based transport and logistics systems. |
| (2) | When intending to formulate a master plan pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall first hear from the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). The same shall also apply when the Minister intends to amend (excluding minor amendment prescribed by Presidential Decree) a master plan formulated. |
| (3) | To formulate a master plan, the Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions (referring to public institutions prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), or the heads of relevant institutions, organizations, etc. to submit relevant data and information. In such cases, the heads of institutions or organizations so requested shall comply with such request in the absence of special circumstances. |
| (4) | The Minister of Land, Infrastructure and Transport may formulate and implement an annual implementation plan based on a master plan formulated pursuant to paragraph (1). |
| (5) | Matters necessary for, among other things, formulating and amending a master plan referred to in paragraph (1) and an annual implementation plan referred to in paragraph (4) shall be prescribed by Presidential Decree. |
| Article 5 (Status Surveys Relating to Autonomous Driving Motor Vehicles) |
| (1) | To effectively formulate and implement policies for autonomous-driving-based transport and logistics, the Minister of Land, Infrastructure and Transport may conduct a status survey on research and development, operation, utilization, etc. of autonomous-driving-based transport and logistics systems, a cooperative autonomous driving system, etc. each year, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | If necessary to conduct a status survey under paragraph (1), the Minister of Land, Infrastructure and Transport may request the heads of relevant public institutions or the heads of institutions or organizations related to autonomic driving motor vehicles to submit data. |
| (3) | Matters necessary for, among other things, the method and objects of status surveys referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 6 (Designating Safe Autonomous Driving Sections) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a section for safe autonomous driving (hereinafter referred to as “safe autonomous driving section”) in a motorway referred to in Article 48 (1) of the Road Act, based on such considerations as infrastructure to support the operation of autonomous driving motor vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Upon designating a safe autonomous driving section under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the heads of relevant agencies, such as the competent road management authority and district police agency having jurisdiction over the section, and drivers, etc. of autonomous driving motor vehicles travelling in the section of the fact of such designation. The same shall also apply to any modification rescission of such designation. |
| (3) | To expand safe autonomous driving sections, secure the reliability thereof, etc., the Minister of Land, Infrastructure and Transport may take necessary measures, such as improving, maintaining, or repairing road facilities and preferentially establishing a cooperative autonomous driving system; or may require the heads of relevant agencies, such as the competent road management authority and district police agency having jurisdiction over the section, to take necessary measures, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | A person who manufactures, assembles, imports, or manages autonomous driving motor vehicles shall reflect the status of designation of safe autonomous driving sections in relevant autonomous driving systems. |
| Article 7 (Designating Pilot Operation Zones) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a pilot operation zone for autonomous driving motor vehicles (hereinafter referred to as “pilot operation zone”), subject to deliberation and resolution by the Committee on Pilot Operation Zones for Autonomous Driving Motor Vehicles established under Article 16, upon receipt of application from the Mayor/Do Governor who intends to operate a pilot operation zone. The same shall also apply to any modification or rescission of such designation: Provided, That any minor modification prescribed by Presidential Decree need not be subject to deliberation by the Committee on Pilot Operation Zones for Autonomous Driving Motor Vehicles. |
| (2) | Upon designating, modifying, or rescinding a designation of a pilot operation zone under paragraph (1), the Minister of Land, Infrastructure and Transport shall give public notice of the details thereof via the Official Gazette; and shall notify the Mayor/Do Governor who has applied for such designation or modification or rescission of the designation thereof, as prescribed by Presidential Decree. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for designating, modifying, or rescinding a designation of a pilot operation zone shall be prescribed by Presidential Decree. |
| Article 8 (Operating and Managing Pilot Operation Zones) |
| (1) | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") having jurisdiction over an area designated and publicly notified as a pilot operation zone may determine, by ordinance, matters necessary for operating the pilot operation zone designated and publicly notified under Article 7 (1). |
| (2) | To support and manage designated pilot operation zones, the Minister of Land, Infrastructure and Transport may organize and operate a consultative body on pilot operation zones comprised of the competent Mayor/Do Governor, the competent road management authority, the commissioner of the competent district police agency, etc. In such cases, matters necessary for organizing, operating, etc. the consultative body shall be prescribed by Presidential Decree. |
| Article 9 (Special Cases regarding Onerous Transportation of Passengers) |
| (1) | Notwithstanding Article 81 of the Passenger Transport Service Act, any person may offer or lease out autonomous driving motor vehicles, other than commercial motor vehicles, in a pilot operation zone for a fee for passenger transport purposes. |
| (2) | A person who intends to engage in onerous transportation in a pilot operation zone using autonomous driving motor vehicles under paragraph (1) shall obtain permission from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may impose conditions necessary for ensuring traffic safety, maintaining transport order, etc. |
| (3) | Notwithstanding Article 4 of the Passenger Transport Service Act, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor having jurisdiction over a pilot operation zone may issue a restricted transport license to a person who intends to operate a route in the pilot operation zone using autonomous driving motor vehicles, as prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport or the Mayor/Do Governor having jurisdiction over a pilot operation zone shall determine and publicly announce, in advance, the requirements and procedures for issuing a restricted transport license under paragraph (3) and other necessary matters. |
| Article 10 (Special Cases regarding Trucking Transport Service) |
Any person who intends to transport freight using an autonomous driving motor vehicle in a pilot operation zone for a fee shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, Article 3 of the Trucking Transport Business Act shall not apply.
| Article 11 (Special Cases regarding Safety Standards for Motor Vehicles) |
Any autonomous driving motor vehicle made difficult to conform to the safety standards for motor vehicles or the safety standards for parts referred to in Article 29 (1) and (2) of the Motor Vehicle Management Act due to its structural features prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as its steering system, brake system, or seats, may be operated in a pilot operation zone upon approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport may impose conditions necessary for ensuring safety, etc.
| Article 12 (Special Cases regarding Intelligent Transport System Standards) |
| Article 13 (Special Cases regarding Road Facilities) |
| (1) | Notwithstanding Article 31 (1) of the Road Act, a person other than the competent road management authority may conduct road works, and maintain and manage a road necessary for autonomous driving in a pilot operation zone. In such cases, such person shall obtain permission from the competent road management authority, as prescribed by Presidential Decree. |
| (2) | Types of road works and those of maintenance and management of a road necessary for autonomous driving referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 14 (Promptly Verifying Regulation) |
| (1) | A person who intends to operate an autonomous driving motor vehicle in a pilot operation zone may request the Minister of Land, Infrastructure and Transport to verify the application, interpretation, etc. of the statutes and regulations governing the operation of such vehicles (hereinafter referred to as “verification of regulation”). |
| (2) | Upon receiving a request for verification of regulation under paragraph (1), the Minister of Land, Infrastructure and Transport may verify regulation within the scope of his or her authority. In such cases, the Minister shall reply to the relevant person within 30 days after receipt of such request. |
| (3) | Where a request made under paragraph (1) falls within the jurisdiction of another administrative agency, the Minister of Land, Infrastructure and Transport shall notify the head of such administrative agency thereof. |
| (4) | The head of the relevant administrative agency shall examine the relevant request and reply to both the person who has made the request and the Minister of Land, Infrastructure and Transport regarding the results of such examination within 30 days after receipt of notification under paragraph (3). |
| (5) | Where a request to supplement data is made to a person who has requested verification of regulation to examine matters regarding verification of regulation under paragraph (2) or (4), the period required for such supplementation shall not be counted towards the relevant period. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for verification of regulation shall be prescribed by Presidential Decree. |
| Article 15 (Barring Application of Regulatory Exceptions) |
| (1) | Where a person granted a regulatory exception in a pilot operation zone falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may bar the application of the regulatory exception, subject to deliberation and resolution by the Committee on Pilot Operation Zones for Autonomous Driving Motor Vehicles established under Article 16: Provided, That if a person falls under subparagraph 1, the Minister shall bar the application of the relevant regulatory exception: |
| 1. | Where the person obtains permission or approval under Articles 9 through 13 by fraud or other improper means; |
| 2. | Where the person causes harm to another person or causes a traffic hazard due to research on or pilot operation of an autonomous driving motor vehicle. |
| Article 16 (Organization of the Committee) |
| (1) | To deliberate and decide on policies and important matters regarding pilot operation zones for autonomous driving motor vehicles, the Committee on Pilot Operation Zones for Autonomous Driving Motor Vehicles (hereinafter referred to as the “Committee”) shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport. |
| (2) | The Committee shall deliberate and decide on the following: |
| 1. | Basic policies and systems regarding pilot operation zones; |
| 2. | Designating, modifying, or rescinding a designation of pilot operation zones; |
| 3. | Barring the application of regulatory exceptions under Article 15; |
| 4. | Evaluating the operation of pilot operation zones under Article 17; |
| 5. | Coordinating opinions among the heads of central administrative agencies and the heads of local governments related to pilot operation zones; |
| 6. | Any other matters prescribed by Presidential Decree, which are necessary for designating, operating, etc. pilot operation zones. |
| (3) | The Committee shall be comprised of up to 20 members, including two chairpersons. |
| (4) | The Minister of Land, Infrastructure and Transport shall serve as one chairperson; a person elected from among the nongovernmental members specified in subparagraph 1 shall serve as the other chairperson; and the following persons shall serve as members of the Committee: |
| 1. | Nongovernmental members: Persons commissioned by the Minister of Land, Infrastructure and Transport from among persons with substantial knowledge of and experience in the field of autonomous driving motor vehicles; |
| 2. | Governmental members: Vice Ministers or vice-ministerial level public officials of relevant central administrative agencies prescribed by Presidential Decree. |
| (5) | Where an ordinance of a City/Do related to research on and pilot operation of autonomous driving motor vehicles in a pilot operation zone is deemed manifestly unreasonable, the Committee may submit its opinions on the amendment, abolition, etc. of such ordinance to the relevant local council. |
| (6) | Except as provided in this Act, matters necessary for comprising and operating the Committee and other necessary matters shall be prescribed by Presidential Decree. |
| Article 17 (Evaluation of Operation of Pilot Operation Zones) |
| (1) | The Minister of Land, Infrastructure and Transport may evaluate the operation of pilot operation zones regularly or occasionally. |
| (2) | If necessary for evaluation under paragraph (1), the Minister of Land, Infrastructure and Transport may request the competent Mayor/Do Governor to submit relevant data. In such cases, the competent Mayor/Do Governor shall comply with such request in the absence of special circumstances. |
| (3) | The Minister of Land, Infrastructure and Transport shall notify the competent Mayor/Do Governor of the evaluation results finalized after deliberation and resolution by the Committee; and may recommend improvement measures based on the evaluation results. In such cases, the competent Mayor/Do Governor shall take the measures in the absence of special circumstances. |
| (4) | Except as provided in paragraphs (1) through (3), such matters as the standards, methods, and procedures for operating pilot operation zones shall be prescribed by Presidential Decree. |
| Article 18 (Duty to Manage Facilities) |
To ensure the seamless operation of autonomous driving motor vehicles, the Mayor/Do Governor having jurisdiction over a pilot operation zone shall maintain and manage facilities relating to research on and pilot operation of autonomous driving motor vehicles, such as roads and signal apparatuses within the pilot operation zone, as prescribed by ordinance of the relevant City/Do.
| Article 19 (Duty to Purchase Insurance) |
A person who conducts research on or pilot operation of autonomous driving motor vehicles in a pilot operation zone shall purchase insurance prescribed by Presidential Decree (hereinafter referred to as “liability insurance”) to compensate for personal and property damage that may occur as a result of such research or pilot operation.
| Article 20 (Barring Application of Other Statutes and Regulations to Anonymized Personal Information) |
Even when all or some of the following information collected in the course of operating an autonomous driving motor vehicle is deleted or replaced and then combined with other information, the utilization of such information shall not be governed by the Personal Information Protection Act, the Act on the Protection and Use of Location Information, and the Act on Promotion of Information and Communications Network Utilization and Information Protection if such information is anonymized to ensure that no particular individual can be identified: | 2. | Personal location information defined in subparagraph 2 of Article 2 of the Act on the Protection and Use of Location Information; |
| 3. | Information prescribed by Presidential Decree, equivalent to that specified in subparagraphs 1 and 2. |
| Article 21 (Establishing Cooperative Autonomous Driving System) |
To ensure the seamless operation of autonomous driving motor vehicles in safe autonomous driving sections and pilot operation zones, the Minister of Land, Infrastructure and Transport may establish and operate a cooperative autonomous driving system, as prescribed by Presidential Decree.
| Article 22 (Building and Updating Precision Road Maps) |
| (1) | The Minister of Land, Infrastructure and Transport may build and update precision road maps to promote the commercialization of autonomous driving motor vehicles, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may provide precision road maps built under paragraph (1) free of charge to facilitate civilian use of the maps. |
| (3) | Where necessary to update a precision road map, such as changing road routes, and any matters prescribed by Presidential Decree have been modified in an area under its jurisdiction, the relevant road management authority shall notify the Minister of Land, Infrastructure and Transport of such fact, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 23 (Administrative and Financial Support) |
To introduce and widely sell autonomous driving motor vehicles and to develop autonomous-driving-based transport and logistics systems, the Minister of Land, Infrastructure and Transport may provide necessary administrative, financial, and technical support or may grant loans, etc. prescribed in finance-related statutes to local governments, institutions, trade associations, business entities, etc. that implement the following projects, as prescribed by Presidential Decree:
| 1. | A research and development project for infrastructure to support the safety and operation of autonomous driving motor vehicles, or for autonomous-driving-based transport and logistics systems; |
| 2. | A project to install and operate facilities necessary for operating autonomous driving motor vehicles; |
| 3. | A project necessary for developing industries related to infrastructure to support the safety and operation of autonomous driving motor vehicles and autonomous-driving-based transport and logistics systems; |
| 4. | Any other project necessary for developing autonomous-driving-based transport and logistics systems, which is prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 24 (Technology Development Support Policies) |
| (1) | To promote technological development related to infrastructure to support the safety and operation of autonomous driving motor vehicles and autonomous-driving-based transport and logistics systems, the Minister of Land, Infrastructure and Transport may formulate and implement support policies for the following matters: |
| 1. | Collection and provision of information on domestic and foreign technological development related to infrastructure to support the safety and operation of autonomous driving motor vehicles and autonomous-driving-based transport and logistics systems; |
| 2. | Research on, development, etc. of key technologies related to infrastructure to support the safety and operation of autonomous driving motor vehicles and autonomous-driving-based transport and logistics systems. |
| (2) | To promote technological development under paragraph (1), the Minister of Land, Infrastructure and Transport may have any of the following persons implement a research and development project: |
| 1. | National and public research institutes; |
| 2. | A research institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 8. | An institution, organization, or business entity prescribed by Presidential Decree, relating to autonomous driving motor vehicles. |
| Article 25 (Training of Specialized Human Resources) |
| (1) | The Minister of Land, Infrastructure and Transport shall endeavor to train specialized human resources necessary for developing infrastructure to support the safety and operation of autonomous driving motor vehicles and autonomous-driving-based transport and logistics systems. |
| (2) | To train specialized human resources under paragraph (1), the Minister of Land, Infrastructure and Transport may designate a university, college, industrial college, junior college, or technical college defined in Article 2 of the Higher Education Act or a research institute, institution, or organization established for research activities, etc. relating to autonomous driving motor vehicles as training institutions for specialized human resources to have them provide education and training. |
| (3) | Where the designated training institution for specialized human resources under paragraph (2) falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may revoke such designation: Provided, That if the person falls under subparagraph 1, the Minister shall revoke such designation: |
| 1. | Where the training institution has obtained the designation by fraud or other improper means; |
| 2. | Where the training institution no longer meets the requirements for the designation thereof; |
| 3. | Where the training institution fails to train specialized human resources for at least one year without good cause. |
| (4) | The Minister of Land, Infrastructure and Transport may provide necessary assistance, within budgetary limits, to training institutions for specialized human resources designated under paragraph (2), as prescribed by Presidential Decree. |
| (5) | To revoke the designation of a training institution for specialized human resources under paragraph (3), the Minister of Land, Infrastructure and Transport shall hold a hearing. |
| (6) | Matters necessary for the standards, procedures, etc. for designating training institutions for specialized human resources under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 26 (Overseas Expansion and International Cooperation) |
| (1) | To promote international cooperation and entry into overseas markets in relation to infrastructure to support the safety and operation of autonomous driving motor vehicles and autonomous-driving-based transport and logistics systems, the Minister of Land, Infrastructure and Transport may subsidize international exchanges of relevant technologies and human resources, participation in international exhibitions, international standardization, international joint research and development, and other activities. |
| (2) | The Minister of Land, Infrastructure and Transport may request the institutions or organizations prescribed by Presidential Decree to perform projects prescribed in paragraph (1), and may provide necessary budget support thereto. |
| Article 27 (Delegation of Authority and Entrustment of Duties) |
| (1) | Part of the authority of the Minister of Land, Infrastructure and Transport under this Act may be delegated to the Mayor/Do Governor or the head of an institution under his or her management as prescribed by Presidential Decree. |
| (2) | Some of the duties of the Minister of Land, Infrastructure and Transport under this Act may be entrusted to an institution with human resources and equipment necessary for performing the entrusted duties, as prescribed by Presidential Decree. |
| Article 28 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions) |
| Article 29 (Penalty Provisions) |
Any person who fails to purchase liability insurance in violation of Article 19 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
ADDENDUM <Act No. 16421, Apr. 30, 2019>
This Act shall enter into one year after the date of its promulgation.