TRUCKING TRANSPORT BUSINESS ACT
Wholly Amended by Act No. 8979, Mar. 21, 2008
Amended by Act No. 10221, Mar. 31, 2010
Act No. 10804, jun. 15, 2011
Act No. 11064, Sep. 16, 2011
Act No. 11481, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11804, May 22, 2013
Act No. 11933, Jul. 16, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12258, Jan. 14, 2014
Act No. 12475, Mar. 18, 2014
Act No. 12707, May 28, 2014
Act No. 12738, jun. 3, 2014
Act No. 12997, Jan. 6, 2015
Act No. 13382, jun. 22, 2015
Act No. 13374, jun. 22, 2015
Act No. 13694, Dec. 29, 2015
Act No. 13812, Jan. 19, 2016
Act No. 13879, Jan. 27, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14552, Jan. 17, 2017
Act No. 14532, Jan. 17, 2017
Act No. 14725, Mar. 21, 2017
Act No. 14873, Aug. 9, 2017
Act No. 14939, Oct. 24, 2017
Act No. 15127, Nov. 28, 2017
Act No. 15516, Mar. 20, 2018
Act No. 15602, Apr. 17, 2018
Act No. 15743, Aug. 14, 2018
Act No. 16133, Dec. 31, 2018
Act No. 16902, Jan. 29, 2020
Act No. 17241, Apr. 7, 2020
Act No. 17453, jun. 9, 2020
Act No. 17464, jun. 9, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the betterment of public welfare by facilitating the efficient management and sound growth of trucking transport business for smooth transportation of cargo.
The terms used in this Act are defined as follows: <Amended on Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013; Mar. 18, 2014; Apr. 17, 2018>
| 2. | The term "trucking transport business" means a trucking transport service, freight forwarding business, and franchise trucking business; |
| 3. | The term "trucking transport service" means the business involving transportation of cargo by truck for consideration in response to a request from a third person. In such cases, where cargo is unsuitable for transportation by any vehicle for a passenger transportation service because of its weight, volume, shape, or other characteristics, the shipper is allowed to travel by the truck with the cargo loaded, but the guidelines for such cargo, the scope of vehicles eligible for transportation of such cargo, and other relevant matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 4. | The term "freight forwarding business" means the business of acting in the capacity of a commercial broker or agent for contracting for transportation of cargo for consideration in response to a request from a third person or business that engages in the transportation of cargo in its own name and on its own account by means of trucking owned by a person who engages in a trucking transport service or franchise trucking business (including the business of additionally providing incidental services, such as packaging and storage, where cargo consists of packages for moving); |
| 5. | The term "franchise trucking business" means the business involving transportation of cargo for consideration by its own trucks in response to a request from a third person or engaging one of its trucking franchisees (referring only to franchisees that are transport service providers under Article 3 (3) or that are persons to whom the management of a trucking transport service is partially entrusted pursuant to Article 40 (1)) to transport cargo through a cargo information network (including Internet websites and applications for mobile telecommunications terminals; hereinafter the same shall apply); |
| 6. | The term "trucking business franchisor" means a person who has obtained permission for franchise trucking business in accordance with Article 29 (1); |
| 7. | The term "trucking franchisee" means any of the following persons granted a franchise by a trucking business franchisor (hereinafter referred to as "trucking franchisor"): |
| (a) | A transport service provider under Article 3 (3) that transports cargo consigned through the cargo information network of a trucking franchisor; |
| (b) | A freight forwarder under Article 24 (2) that acts in the capacity of a broker or an agent for trucking contracts of a trucking franchisor; |
| (c) | A person who transports cargo consigned through the cargo information network of a trucking franchisor and to whom the management of a trucking transport service is partially entrusted pursuant to Article 40 (1): Provided, That cases where a transport service provider to whom business management is partially entrusted is a trucking franchisee shall be excluded herefrom; |
| 7-2. | The term "business office" means a place where any of the following business activities is conducted in addition to the principal place of business: |
| (a) | Transportation of cargo in a certain area by trucks placed in the area by a person who has obtained permission for a trucking transport service under Article 3 (1) or by a trucking business franchisor; |
| (b) | Freight forwarding services by a person who has obtained permission for freight forwarding business under Article 24 (1); |
| 8. | The term "trucking employee" means a truck driver, an office clerk who performs administrative work for transportation of cargo or for an agency service for transportation, an assistant to such office clerk, or any other employee who works for trucking transport business; |
| 9. | The term "public truck depot" means a depot established by any of the following persons to provide for trucking transport business: |
| (a) | 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 a "Mayor/Do Governor"); |
| (b) | The head of a Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply); |
| 10. | The term "truck stop" means a facility, including a rest area, built to provide services necessary for truck drivers to transport cargo, such as parking, maintenance, and refueling, which is located along a freight route, such as a road under the Road Act, or in a hub of logistics including a logistics facility under the Act on the Development and Management of Logistics Facilities, so as to enable the drivers to rest during the transportation of cargo or to wait for loading or unloading; |
| 11. | The term "truck owner-operator" means either of the following persons who directly engages in the transportation of cargo: |
| (a) | A person who has obtained permission under Article 3 (1) 2 for individual trucking transport business (hereinafter referred to as "individual transport service provider"); |
| (b) | A person to whom business management is partially entrusted pursuant to Article 40 (1) (hereinafter referred to as "entrusted owner-operator"); |
| 12. | The term "safe trucking cost" means the cost publicly announced by the Minister of Land, Infrastructure and Transport pursuant to Article 5-4, after examination and resolution by the Committee on Safe Freight Rates for Trucks established under Article 5-2, as the transportation cost to which shippers, transport service providers, freight forwarders, etc. can refer in determining freight rates for the transportation of cargo in order to ensure traffic safety, preventing overworking, speeding, and overloading by assuring truck owner-operators of fair freight rates; |
| 13. | The term "safe trucking freight rates" means freight rates classified into either of the following and publicly announced by the Minister of Land, Infrastructure and Transport pursuant to Article 5-4, after examination and resolution by the Committee on Safe Freight Rates for Trucks established under Article 5-2, as minimum freight rates necessary to ensure traffic safety, preventing overworking, speeding, and overloading by assuring truck owner-operators of fair freight rates by adding a fair margin to the safe trucking cost determined pursuant to subparagraph 12: |
| (a) | Safe non-entrusted trucking freight rates: Minimum freight rates to be paid by a shipper to a transport service provider under Article 3 (3), a freight forwarder under Article 24 (2), or trucking franchisor (hereinafter referred to as "transport business operator") or to a truck owner-operator; |
| (b) | Safe entrusted trucking freight rates: Minimum freight rates to be paid by a transport business operator to a truck owner-operator. |
CHAPTER II TRUCKING TRANSPORT SERVICE
| Article 3 (Permission for Trucking Transport Service) |
| (1) | Any person who intends to provide a trucking transport service shall obtain permission from the Minister of Land, Infrastructure and Transport as follows: <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| 1. | General trucking transport service: A business transporting cargo by a fleet of trucks of at least the number of units specified by Presidential Decree, which shall be at least 20 units; |
| 2. | Individual trucking transport service: A business transporting cargo by one truck as prescribed by Presidential Decree. |
| (2) | No person who has obtained permission for franchise trucking business in accordance with Article 29 (1) is required to obtain permission under paragraph (1). |
| (3) | Where a person who has obtained permission for trucking transport service under paragraph (1) (hereinafter referred to as "transport service provider") intends to modify the matters already permitted, he or she shall obtain permission for modification from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he or she intends to amend a minor matter prescribed by Presidential Decree modified, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall notify a reporting person as to whether he or she accepts a report within three days from the date the report on modification is filed under the proviso to paragraph (3). <Newly Inserted on Mar. 21, 2017> |
| (5) | If the Minister of Land, Infrastructure and Transport fails to notify a reporting person as to whether he or she accepts a report or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (4), the report shall be deemed accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| (6) | The methods, procedures, etc. for filing an application for permission under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Apr. 17, 2018> |
| (7) | Permission for trucking transport service or permission for modification that involves the expansion of a fleet of trucks under paragraph (1) or the main sentence of paragraph (3), shall be granted in compliance with the following guidelines: <Amended on Mar. 23, 2013; Jun. 22. 2015; Mar. 21, 2017; Mar. 20, 2018; Apr. 17, 2018; Dec. 31, 2018> |
| 1. | The trucking transport business shall meet the supply standards publicly notified by the Minister of Land, Infrastructure and Transport for each type of business pursuant to paragraph (6), based upon the demand for transportation of cargo: Provided, That the following cases shall be excluded herefrom: |
| (a) | Where permission is granted for a limited period not exceeding six months under paragraph (12); |
| (b) | Where an application is filed for permission pursuant to Article 13; |
| 2. | The trucking transport business shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding the number of trucks, transport facilities including a depot (hereinafter referred to as "transport facilities"), and other relevant matters. |
| (8) | In any of the following cases, a transport service provider is not allowed to amend permitted matters accompanying the expansion of his or her fleet of trucks: <Amended on Mar. 21, 2017> |
| 1. | Where he or she breaches an order issued pursuant to Article 13 for improvement; |
| 2. | Where one year has not passed since he or she was ordered to reduce his or her fleet of trucks pursuant to Article 19 (1). |
| (9) | Each transport service provider shall report to the Minister of Land, Infrastructure and Transport matters regarding the standards relevant to permission granted under paragraph (5) at an interval prescribed by Presidential Decree within a period of five years from the date permission was granted pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 29, 2015; Mar. 21, 2017> |
| (10) | If a report filed pursuant to paragraph (9) has no defect in its descriptions or accompanying documents and meets the formalities prescribed in statutes or regulations, etc., it shall be deemed that the duty to report is fulfilled when the report arrives at the receiving agency. <Newly Inserted on Mar. 21, 2017> |
| (11) | Where a transport service provider intends to remain at any place other than his or her principal place of business for business activities, he or she shall establish a business office at such other place with permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the foregoing shall not apply to an individual transport service provider. <Newly Inserted on Mar. 18, 2014; Mar. 21, 2017; Apr. 17, 2018> |
| (12) | Where a person who has been an owner of an entrusted truck under an entrustment contract terminated under Article 40-3 (3) applies for permission under paragraph (1) within three months from the date of cancellation of permission or reduction of trucks, the Minister of Land, Infrastructure and Transport may grant permission by restricting the period to a maximum of six months (hereinafter referred to as "temporary permission"): Provided, That where the person who has been an owner of the entrusted truck is directly related to the ground for cancellation of permission or reduction of trucks of a transport service provider, he or she shall be excluded. <Newly Inserted on Jun. 22, 2015; Mar. 21, 2017; Jun. 9, 2020> |
| (13) | Where a person granted temporary permission under paragraph (12) fails to conclude an entrustment contract with another transport service provider within the permitted period and the period of temporary permission expires, he or she may apply for permission pursuant to paragraph (1) within three months. <Newly Inserted on Jun. 22, 2015; Mar. 21, 2017> |
| (14) | The Minister of Land, Infrastructure and Transport may add conditions or a term to the permission for modification, involving permission for trucking transport service or for increasing a fleet of trucks, for order in the trucking transport business. <Newly Inserted on Jun. 22, 2015; Mar. 21, 2017> |
| (15) | The Minister of Land, Infrastructure and Transport shall not grant permission for modification for the relocation of a principal place of business to a transport service provider whose business has been suspended. <Newly Inserted on Mar. 20, 2018> |
| Article 4 (Grounds for Disqualification) |
Any of the following persons is ineligible for permission for trucking transport service under Article 3 (1). The same shall apply to a legal entity if any of its executive officers falls under any of the following: <Amended on Jun. 22, 2015; Mar. 20, 2018> | 1. | A person who is under adult guardianship or limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom two years have not passed since a sentence of imprisonment with labor or heavier punishment imposed upon him or her for any violation of this Act was completely executed (or is deemed completely executed) or discharged; |
| 4. | A person under a suspended sentence of imprisonment with labor or heavier punishment, as sentenced by a court for any violation of this Act; |
| 5. | A person for whom two years have yet to elapse after permission was revoked (excluding where permission was revoked under Article 19 (1) 5 in cases falling under subparagraph 1 or 2 of Article 4) under Article 19 (1) (excluding subparagraphs 1 and 2); |
| 6. | A person for whom five years have yet to pass since permission was revoked for falling under Article 19 (1) 1 or 2. |
| Article 5 (Freight Rates and Charges) |
| (1) | Transport service providers shall fix freight rates and charges and shall report thereon to the Minister of Land, Infrastructure and Transport in advance. The same shall apply where transport service providers intend to modify a freight rate or charge. |
| (2) | The scope of transport service providers required to report freight rates and charges under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport shall notify a reporting person as to whether he or she accepts the report within 14 days from the date a report or a report on modification under paragraph (1) is filed. <Newly Inserted on Mar. 21, 2017> |
| (4) | If the Minister of Land, Infrastructure and Transport fails to notify a reporting person as to whether he or she accepts or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (3), the report shall be deemed accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| (5) | Matters regarding procedures, etc. for reporting freight rates and charges under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 21, 2017> |
[This Article Newly Inserted on May 22, 2013]
| Article 5-2 (Establishment of Committee on Safe Freight Rates for Trucks) |
| (1) | The Committee on Safe Freight Rates for Trucks (hereinafter referred to as the "Committee") shall be established with affiliation to the Minister of Land, Infrastructure and Transport for examining and resolving on the following matters: |
| 1. | Determination and adjustment of safe trucking costs and safe trucking freight rates; |
| 2. | Cargo items, types of vehicles, etc. to which safe trucking costs and safe trucking freight rates apply; |
| 3. | Research on, and recommendations for, the development of the system of safe trucking freight rates; |
| 4. | Other matters tabled by the Minister of Land, Infrastructure and Transport before the Committee for examination as important matters regarding safe trucking freight rates. |
| (2) | The Committee shall be comprised of the following members not exceeding 15 persons, including a Chairperson, and its Chairperson shall be elected by the Committee from among its members representing public interests: |
| 1. | Committee members representing truck owner-operators; |
| 2. | Committee members representing transport business operators; |
| 3. | Committee members representing shippers; |
| 4. | Committee members representing public interests. |
| (3) | The Committee may appoint up to three special members, from among public officials from relevant administrative agencies, in addition to the members specified in paragraph (2), and such special members may attend and express their opinions at Committee meetings. |
| (4) | The Committee shall establish a special committee comprised of experts in relevant areas to have the special committee render advice on the Committee's business affairs, including the determination of safe trucking costs, or conduct preliminary review on matters subject to examination and resolution by the Committee. In such cases, the Committee may entrust the special committee with part of its administrative work. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the Committee, the qualification for, and commissioning to, special committee members, the composition and operation of the special committee, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
[The provisions regarding safe trucking freight rates in this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 5-3 (Guidelines for Examination of Safe Trucking Costs and Safe Trucking Freight Rates) |
| (1) | The Committee shall examine and decide on the following matters: <Amended on Jun. 9, 2020> |
| 1. | Fixed costs, including personnel expenses and depreciation costs; |
| 2. | Variable costs, including costs associated with fuel and parts; |
| 3. | Other matters prescribed by Presidential Decree, taking into consideration average business conditions, such as waiting fees for loading and unloading and the level of transport services offered by transport service providers. |
| (2) | The Committee shall examine and resolve on safe trucking freight rates by adding a fair margin to safe trucking costs. In such cases, matters necessary for determining a fair margin shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
[The provisions regarding safe trucking freight rates in this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 5-4 (Publication of Safe Trucking Costs and Safe Trucking Freight Rates) |
| (1) | The Minister of Land, Infrastructure and Transport shall publish the safe trucking costs applicable to the cargo items specified by Presidential Decree for the following year by not later than October 31 each year, after examination and resolution by the Committee. |
| (2) | The Minister of Land, Infrastructure and Transport shall publish the safe trucking freight rates applicable to the following cargo items for the following year by not later than October 31 each year, after examination and resolution by the Committee: |
| (3) | Matters regarding the methods, procedures, etc. for publication of safe trucking costs and safe trucking freight rates shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
[The provisions regarding safe trucking freight rates in this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 5-5 (Validity of Safe Trucking Freight Rates) |
| (1) | A shipper shall pay freight rates not lower than the safe trucking freight rates to a transport business operator or truck owner-operator. |
| (2) | A transport business operator shall pay safe entrusted trucking freight rates to a truck owner-operator. |
| (3) | Any stipulation stating an amount lower than the applicable safe trucking freight rate as the safe trucking freight rate in a trucking contract shall be void, and such stipulation shall be deemed to provide that the same rate as the applicable safe trucking freight rate shall be paid. |
| (4) | No bribe shall be offered or accepted by and between a shipper and a transport business operator or truck owner-operator in relation to the payment of safe trucking freight rates under paragraph (1). |
[This Article Newly Inserted on Apr. 17, 2018]
[The provisions regarding safe trucking freight rates in this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 5-6 (Obligation to Notify Safe Trucking Freight Rates) |
A shipper and a transport business operator, to whom a safe trucking freight rate shall apply, shall publish the relevant safe trucking freight rate or notify the same to relevant transport business operators and truck owner-operators by other proper means, as prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 17, 2018]
[This Article shall remain effective until December 31, 2022 pursuant to Article 2 of the Addenda (Act No. 15602, Feb. 17, 2018)]
| Article 5-7 (Safe Trucking Freight Rates Reporting Center) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish and operate a safe trucking freight rates reporting center for reporting freight rates paid lower than safe trucking freight rates. |
| (2) | Matters necessary for establishing and operating the safe trucking freight rates reporting center shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
[The provisions regarding safe trucking freight rates in this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 5-8 (Survey of Transport Costs) |
| (1) | The Minister of Land, Infrastructure and Transport shall periodically survey costs, etc. required for cargo transportation in order to ensure efficient examination of safe trucking costs and safe trucking freight rates. |
| (2) | The survey methods, intervals, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Apr. 17, 2018]
[The provisions regarding safe trucking freight rates in this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 6 (Standard Form Transportation Contract) |
| (1) | Transport service providers shall prepare a standard-form transportation contract and report it to the Ministry of Land, Infrastructure and Transport. The same shall apply to proposed revisions to the standard-form transportation contract. <Amended on Mar. 23. 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within three days from the date a report or a report on modification under paragraph (1) is filed. <Newly Inserted on Mar. 21, 2017> |
| (3) | If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (2), the report shall be deemed accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| (4) | Where a standard-form contract has been prepared by an association or a federation established pursuant to Article 48 or 50 and approved as standards for transportation of cargo after an examination by the Fair Trade Commission pursuant to Article 19-2 of the Act on the Regulation of Terms and Conditions (hereinafter referred to as "standard-form contract"), the Minister of Land, Infrastructure and Transport may recommend that transport service providers use such standard-form contract. <Amended on Mar. 23. 2013; Mar. 21, 2017> |
| (5) | Transport service providers who agree to use the standard-form contract when the permission for trucking transport service under Article 3 (including permission for modification) is granted shall be deemed to have completed the report under paragraph (1). <Amended on Mar. 21, 2017> |
| Article 7 (Transport Service Provider's Liability) |
| (1) | Article 135 of the Commercial Act shall apply mutatis mutandis to a transport service provider's liability for damage caused by loss, destruction, or late delivery of cargo (hereinafter referred to as "mishap in transit"). |
| (2) | For the purpose of applying paragraph (1), cargo that has not been delivered within three months after the deadline for delivery shall be deemed lost. |
| (3) | The Minister of Land, Infrastructure and Transport may mediate a dispute over liability for damage under paragraph (1) at the shipper's request, as prescribed by Ordinance of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23. 2013> |
| (4) | Upon receipt of a request from a shipper for mediation of a dispute under paragraph (3), the Minister of Land, Infrastructure and Transport shall examine the relevant facts, investigate losses, and prepare a draft conciliation agreement without delay. <Amended on Mar. 23. 2013> |
| (5) | Where both parties to a dispute accept a proposed mediation agreement under paragraph (4), it shall be deemed that an agreement identical with the proposed mediation agreement is made between the parties. |
| (6) | The Minister of Land, Infrastructure and Transport may entrust business affairs for mediation of disputes under paragraphs (3) and (4) to the Korea Consumer Agency under Article 33 (1) of the Framework Act on Consumers or a consumers' organization registered in accordance with Article 29 (1) of the aforementioned Act. <Amended on Mar. 23. 2013> |
| Article 8 (Qualifications for Truck Drivers) |
| (1) | A person who intends to engage in trucking transport business as a driver shall satisfy subparagraph 3 or 4 after meeting the requirements in subparagraphs 1 and 2: <Amended on Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013> |
| 1. | Such person shall meet the requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as those necessary for driving jobs, including age and career experience as a driver; |
| 2. | Such person shall meet the standards of in-depth examination of a driver's aptitude prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the in-depth examination of a driver's aptitude shall be conducted by the Minister of Land, Infrastructure and Transport; |
| 3. | Such person shall pass an examination conducted by the Minister of Land, Infrastructure and Transport on the Trucking Transport Business Act and statutes or regulations, guidelines for handling cargo, and other relevant rules, and shall complete the prescribed training courses; |
| 4. | Such person shall complete traffic safety experiences in the research and education facilities for traffic safety experiences under Article 56 of the Traffic Safety Act, and theoretical and practical training education on guidelines for handling cargo, the Trucking Transport Business Act and statutes or regulations, and other relevant rules provided by the Minister of Land, Infrastructure and Transport. |
| (2) | The Minister of Land, Infrastructure and Transport shall issue, to a person who satisfies the requirements under paragraph (1), a qualification certificate indicating that such person is qualified as a truck driver (hereinafter referred to as "truck driver qualification certificate"). <Amended on Mar. 23, 2013> |
| (3) | Matters regarding the examination, training courses, and issuance of qualification certificates under paragraphs (1) and (2) and other relevant matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 9 (Grounds for Disqualification) |
Any of the following persons shall be disqualified from working as a truck driver under Article 8: <Amended on Jun. 1. 2012; Mar. 18, 2014; Jun. 22, 2015; Jan. 17, 2017; Apr. 7, 2020> | 1. | Persons falling under subparagraph 3 or 4 of Article 4; |
| 2. | A person whose qualification as a truck driver was revoked (excluding a person acquiring qualification as a truck driver, whose qualification was revoked under Article 23 (1) 1 due to falling under subparagraph 1 of Article 4) less than two years ago under Article 23 (1) (excluding subparagraph 7); |
| 3. | A person who fell under any of the following during five years before the date of an examination under Article 8 (1) 3 or before the date of a training under Article 8 (1) 4: |
| (c) | A person who had his or her driver's license revoked under Article 93 (1) 10 of the Road Traffic Act for a traffic accident that he or she caused by intention or gross negligence while operating a vehicle, in which three or more persons died (including persons who died within 30 days from the date of accident) or at least 20 casualties occurred; |
| Article 9-2 (Restrictions on Working as Drivers for Trucking Transport Business) |
| (1) | None of the following persons shall work as a driver for trucking transport business in the type prescribed by Presidential Decree, regardless of whether such person is qualified as a truck driver under Article 8: |
| 1. | A person for whom the period specified by Presidential Decree, considering the type and nature of crime, the length of sentence, the likelihood of recidivism and other factors, within a maximum of 20 years has yet to elapse after the date imprisonment without labor or heavier punishment to which he or she is sentenced for any of the following crimes was completely executed (including cases where such punishment is deemed to have been completely executed) or remitted: |
| (b) | A crime under Articles 5-2, 5-4, 5-5, 5-9, and 11 of the Act on the Aggravated Punishment of Specific Crimes; |
| (d) | A crime under Article 2 (1) 2 through 4 and Articles 3 through 9 and 15 (excluding attempted crimes under Article 14) of the Act on Special Cases concerning the Punishment of Sexual Crimes; |
| 2. | A person for whom the period of suspension has yet to elapse after he or she was sentenced to the suspension of execution of imprisonment without labor or heavier punishment for a crime under subparagraph 1. |
| (2) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may send an inquiry on criminal records to the Commissioner General of the National Police Agency only for information necessary to verify records of the crimes under paragraph (1). |
[This Article Newly Inserted on Aug. 14, 2018]
| Article 10 (Maintaining Records of Employed Truck Drivers) |
| (1) | Where a transport service provider employs a truck driver, he or she shall keep and maintain records of facts required for the issuance of driver's career certificate, including the employment period. |
| (2) | An association or a federation established in accordance with Article 48 or 50 (hereinafter referred to as "trade association") may perform the works required for keeping and maintaining records of the employment period under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23. 2013> |
| Article 10-2 (Keeping and Maintaining Truck Drivers' Traffic Safety Records) |
| (1) | The Minister of Land, Infrastructure and Transport shall keep and maintain records pertaining to truck drivers' traffic accidents, traffic offenses, and criminal records under Article 9-2 (1) to ensure the safe operation of trucks. In such cases, the Minister of Land, Infrastructure and Transport may request the Commissioner General of the National Police Agency to provide necessary documents and other cooperation. <Amended on Mar. 23. 2013; Aug. 14, 2018> |
| (2) | Where the Commissioner General of the National Police Agency is requested to provide cooperation under paragraph (1), he or she shall comply with such request, except in extenuating circumstances. |
| (3) | The Minister of Land, Infrastructure and Transport shall provide the details of truck drivers' casualty accidents and traffic offenses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to the competent Mayor/Do Governor and trade association: Provided, That information contained in criminal records under Article 9-2 (1) may be provided to a Mayor/Do Governor only to the extent necessary. <Amended on Mar. 23. 2013; Aug. 14, 2018; Jun. 9, 2020> |
| (4) | In order to keep and maintain records under paragraph (1), the Minister of Land, Infrastructure and Transport may request any trade association or transport service provider to provide the records kept and maintained thereby under Article 10. In such cases, the trade association or transport service provider shall, without delay, comply with such requests, except in extenuating circumstances. <Amended on Mar. 23. 2013> |
[This Article Newly Inserted on Sep. 16, 2011]
| Article 11 (Transport Service Providers' Obligations) |
| (1) | Each transport service provider shall conscientiously perform his or her business affairs within the permitted scope of business, but shall not propose any unfair terms or conditions of transportation, refuse to enter into a transportation contract without justifiable grounds, or engage in any conduct that may seriously undermine orderly transportation of cargo. |
| (2) | No transport service provider shall coerce any driver to drive in excess of normal working hours, so as to prevent the driver from overworking and to ensure the safety in operations. |
| (3) | No transport service provider shall transport any cargo that does not conform to the guidelines for transportation of cargo under the latter part of subparagraph 3 of Article 2. |
| (4) | No transport service provider shall offer to or receive from a motor vehicle management business operator under the Motor Vehicle Management Act (hereinafter referred to as “motor vehicle management business operator”) any bribe in connection with a vehicle malfunctioning or involved in an accident or in the transportation of cargo. <Amended on Jan. 19, 2016> |
| (5) | Each transport service provider shall guide and supervise trucking employees engaged in the relevant trucking transport service to ensure they conscientiously perform the obligations under Article 12. |
| (6) | No transport service provider shall unfairly return all or some of freight rates and charges that he or she has received as consideration for transportation of cargo to the relevant shipper, another transport service provider, or a person who operates freight forwarding business. |
| (7) | No transport service provider shall install a fare meter for a taxi (referring to a passenger car used for passenger transport business in a specified area, as prescribed in Article 3 (1) 2 of the Passenger Transport Service Act; hereinafter the same shall apply) or affix a sign similar to any taxi sign specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jul. 16, 2013> |
| (8) | Each transport service provider shall keep a table of freight rates and charges and copies of a standard form transportation contract at his or her place of business or in his or her truck to produce to a user at his or her request. |
| (9) | Deleted. <Apr. 17, 2018> |
| (10) | Deleted. <Apr. 17, 2018> |
| (11) | Deleted. <Apr. 17, 2018> |
| (12) | Deleted. <Apr. 17, 2018> |
| (13) | Upon receipt of a request from the entrusted owner-operator or the individual transport service provider to whom a transport service provider has consigned cargo transportation, the transport service provider shall issue a cargo consignment note specifying the person who requested loading the cargo, the type and weight of cargo, freight rates, and other information prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a transport service provider consigns the cargo transportation to an entrusted owner-operator or individual transport service provider, who owns a truck defined in the Motor Vehicle Management Act with a maximum loading capacity of at least 1.5 tons, the transport service provider shall issue a cargo consignment note, except for the cargo specified by Ordinance of the Minister of Land, Infrastructure and Transport, and such entrusted owner-operator or individual transport service provider shall receive the cargo consignment note. <Newly Inserted on Jun. 15, 2011; Mar. 23, 2013; Jun. 22, 2015; Mar. 21, 2017; Apr. 17, 2018> |
| (14) | Where a transport service provider transfers or acquires a trucking transport service under Article 16 (1), he or she shall not impose on entrusted owner-operators expenses incurred in such transfer or acquisition. <Newly Inserted on May 28, 2014; Mar. 21, 2017> |
| (15) | No transport service provider shall sell a vehicle that an entrusted owner-operator has conveyed to him or her for investment in kind to any third person or pledge such vehicle to any third person, without the entrusted owner-operator's consent thereto: Provided, That such vehicle may be pledged for an amount up to the maximum of the entrusted owner-operator's obligations upon giving prior notice on such pledge, if an obligation of an entrusted owner-operator arises due to the entrusted owner-operator's breach of obligation of management of the vehicle, such as the payment of insurance premiums or the payment of installments of the price for the vehicle. <Newly Inserted on May 28, 2014; Mar. 21, 2017> |
| (16) | When a vehicle is conveyed to a transport service provider under an entrustment contract for investment in kind, as referred to in Article 40 (3), such transport service provider shall register the entrusted owner-operator as an in-kind investor in the motor vehicle register under the Motor Vehicle Management Act. <Newly Inserted on May 28, 2014; Mar. 21, 2017> |
| (17) | No transport service provider shall restrict an entrusted owner-operator from concluding a transport contract with another transport service provider concurrently for at least one year or accord any disadvantage to an entrusted owner-operator on the ground of such contract. <Newly Inserted on May 28, 2014; Mar. 21, 2017> |
| (19) | No transport service provider shall conduct any activity which disturbs the order of cargo transport, such as re-consigning volume entrusted via a cargo information network of a trucking franchisor under Article 11-2 (5) or cargo information network certified under Article 38 of the Framework Act on Logistics Policies. <Newly Inserted on Dec. 29, 2015; Mar. 21, 2017> |
| (20) | Each transport service provider shall take necessary measures, such as using covers, packaging, and fastening devices, to prevent loaded cargo from falling, in accordance with the standards and methods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Nov. 28, 2017> |
| (21) | Pursuant to Article 3 (7) 1 (c), no transport service provider with permission under paragraph (1) of said Article or permission for modification under paragraph (3) of said Article shall entrust a motor vehicle or management of a motor vehicle to any third person in breach of any condition of the permission or permission for modification. <Newly Inserted on Mar. 20, 2018> |
| (22) | Each transport service provider shall take necessary measures to have employees working as truck drivers receive training courses pursuant to Article 59 (1); and shall not allow any employee to work as a truck driver without receiving such training courses. <Newly Inserted on Aug. 14, 2018> |
| (23) | No transport service provider shall dismantle or manipulate any electric and electronic device (limited to speed limiters) without permission, in violation of Article 35 of the Motor Vehicle Management Act. <Newly Inserted on Aug. 14, 2018> |
| (24) | The Minister of Land, Infrastructure and Transport may establish rules on the following matters by Ordinance of the Ministry of Land, Infrastructure and Transport, in addition to the obligations specified in paragraphs (1) through (23): <Amended on Jun. 15, 2011; Mar. 23, 2013; Jul. 16, 2013; May 28, 2014; Jun. 22, 2015; Dec. 29, 2015; Mar. 21, 2017; Nov. 28, 2017; Mar. 20, 2018; Aug. 14, 2018> |
| 1. | Rules on the use of depots for trucking transport service and transport facilities; |
| 2. | Other rules that transport service providers shall observe in order to promote the safety of transportation and shippers' convenience. |
| Article 11-2 (Duty of Transport Service Providers to Directly Transport Cargo) |
| (1) | Each transport service provider prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall directly transport cargo for which he or she has concluded transportation contracts with shippers, using his or her own vehicles, by at least the ratio prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That, where he or she transports cargo using vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall be deemed to directly transport such cargo. <Amended on Mar. 23, 2013> |
| (2) | No transport service provider shall consign the transportation of cargo, except that directly transported under paragraph (1), to any person other than the following: |
| 1. | Another transport service provider; |
| 2. | An entrusted owner-operator belonging to another transport service provider. |
| (3) | A transport service provider to whom another transport service provider or a freight forwarder consigns the transportation of a cargo or a transport service provider (limited to a transport service provider who is a trucking franchisee) to whom a trucking franchisor consigns the transportation of a cargo shall directly transport the cargo by vehicles in his or her possession: Provided, That a transport service provider to whom the transportation of a cargo is consigned by another transport service provider or by a freight forwarder is deemed to directly transport cargo, if the transport service provider transports the cargo by a vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to the proviso to paragraph (1). <Amended on May 28, 2014> |
| (4) | The main sentence of paragraph (1) concerning direct transportation shall also apply where a transport service provider operates freight forwarding business in addition to the trucking transport business. |
| (5) | If a transport service provider (including a transport service provider to whom another transport service provider or a freight forwarder consigns the transportation of cargo, as referred to in paragraph (3)) consigns the transportation of cargo by using the cargo information network of a trucking franchisor or the cargo information network certified under Article 38 of the Framework Act on Logistics Policies, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the transport service provider shall be deemed to have directly transported the cargo. <Amended on Mar. 23, 2013; May 28, 2014; Jun. 22, 2015> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 11-3 Deleted. <Mar. 21, 2017> |
| Article 12 (Trucking Employees' Obligations) |
| (1) | No trucking employee who works for a trucking transport service shall engage in any of the following conduct: <Amended on Jun. 15, 2011; Jul. 16, 2013; Jan. 19, 2016; Nov. 28, 2017; Aug. 14, 2018> |
| 1. | Forcing a customer to unload any cargo in transit without justifiable grounds; |
| 2. | Refusing to transport any cargo without justifiable grounds; |
| 3. | Demanding or receiving any unfair freight rate or charge; |
| 4. | Offering to or receiving from a motor vehicle management business operator any bribe in connection with a vehicle malfunctioning or involved in an accident or in the transportation of cargo; |
| 5. | Stopping his or her vehicle at a certain place for a long time to solicit customers; |
| 6. | Starting or operating his or her vehicle without all its doors fully closed; |
| 7. | Installing a taxi fare meter or putting a sign similar to any of the taxi signs specified by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 8. | Operating a truck without taking measures under Article 11 (20); |
| (2) | The Minister of Land, Infrastructure and Transport may establish rules that trucking employees shall observe to ensure the safety of operations and promote shippers' convenience by Ordinance of the Ministry of Land, Infrastructure and Transport, in addition to the obligations specified in paragraph (1). <Amended on Mar. 23, 2013> |
| Article 13 (Improvement Orders) |
If the Minister of Land, Infrastructure and Transport deems it necessary for ensuring the safety of operations, establishing order in transportation, and promoting shippers' convenience, he or she may issue an order to a transport service provider to take the following measures: <Amended on Mar. 23, 2013; May 28, 2014>
| 1. | To amend the standard form of transportation contract; |
| 2. | To alter the structure of trucks and improve transport facilities; |
| 3. | To take measures for the safe transportation of cargo; |
| 4. | To subscribe to a cargo indemnity insurance policy provided for in Article 35 and an insurance policy or a liability mutual aid agreement that each transport service provider is obligated to purchase or conclude in accordance with the Compulsory Motor Vehicle Liability Security Act; |
| 5. | To make it possible to operate a vehicle registered in the name of the transport service provider under an entrustment contract in accordance with Article 40 (3) by filing an application for attaching and sealing a registration number plate to the vehicle under Article 10 (3) of the Motor Vehicle Management Act, immediately upon receipt of a request from the entrusted owner-operator, if the registration number plate of such vehicle has been damaged or lost; |
| 6. | To report the replacement of a retired vehicle registered in the name of the transport service provider under an entrustment contract in accordance with Article 40 (3) and to initiate other processes, upon receipt of a request from an entrusted owner-operator, if it is necessary to replace the retired vehicle with another vehicle due to the expiration of the vehicle's useful life, a traffic accident, or other cause or event; |
| 7. | To make it possible to operate a vehicle registered in the name of the transport service provider under an entrustment contract in accordance with Article 40 (3) by immediately filing an application for replacing and sealing the registration number plate of the vehicle, if the principal place of use of the vehicle is changed to another City/Do; |
| 8. | Other measures prescribed by Presidential Decree as necessary for the improvement of trucking transport service. |
| Article 14 (Orders for Commencement of Business Operations) |
| (1) | Where reasonable grounds exist to believe that a group of transport service providers or trucking employees refuse to transport cargo without justifiable grounds to cause a great difficulty in transportation of cargo and such a collective movement causes or is likely to cause a very serious crisis in the national economy, the Minister of Land, Infrastructure and Transport may issue orders to such transport service providers or trucking employees to commence business operations. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to issue an order to commence business operations to transport service providers or trucking employees pursuant to paragraph (1), he or she shall undergo deliberation thereon by the State Council. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport issues an order to commence business operations pursuant to paragraph (1), he or she shall report specific grounds and countermeasures to the competent Standing Committee of the National Assembly. <Newly Inserted on May 22, 2013> |
| (4) | No transport service provider or trucking employee may refuse, without justifiable grounds, to comply with an order issued pursuant to paragraph (1). <Amended on May 22, 2013> |
| Article 15 Deleted. <Jun. 22, 2015> |
| Article 15-2 Deleted. <Jun. 22, 2015> |
| Article 16 (Transfer and Acquisition of Trucking Transport Service) |
| (1) | Where a trucking transport service is transferred to a third party, the transferee shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Where two legal entities, both of whom are transport service providers, merge (excluding where a corporation that is a transport service provider acquires, for merger, another legal entity that is not a transport service provider), the legal entity surviving the merger or newly established as a consequence of the merger shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall notify a reporting person as to whether he or she accepts a report within five days from the date the report under paragraph (1) or (2) is filed. <Newly Inserted on Mar. 21, 2017> |
| (4) | If the Minister of Land, Infrastructure and Transport fails to notify a reporting person as to whether he or she accepts a report or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (3), the report shall be deemed accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| (5) | The Minister of Land, Infrastructure and Transport may restrict the transfer, acquisition, and merger of trucking transport service under paragraphs (1) and (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to maintain a regional balance between truck supply and demand and build a stable and orderly shipping market. <Newly Inserted on Jun. 15, 2011; Mar. 23, 2013; Mar. 21, 2017> |
| (6) | Upon filing a report under paragraph (1) or (2), a transferee of a trucking transport service succeeds to the status of the transferor as a transport service provider, and the corporation newly established in the course of a merger or surviving a merger succeeds to the status of the legal entity dissolving upon the merger as a transport service provider. <Amended on Jun. 15, 2011; Mar. 21, 2017> |
| (7) | Article 4 shall apply mutatis mutandis to disqualification of a transferee or a corporation surviving a merger or newly incorporated in the course of a merger under paragraph (1) or (2). <Amended on Jun. 15, 2011; Mar. 21, 2017> |
| (8) | Where a report is filed in accordance with paragraph (1) or (2), the entrusted owner-operator who has an entrustment contract concluded with the person who has transferred a trucking transport service is deemed to have concluded an entrustment contract under the same terms and conditions with the person who has acquired the trucking transport service, and the entrusted owner-operator who has an entrustment contract concluded with a corporation dissolving upon the merger shall be deemed to have concluded an entrustment contract under the same terms and conditions with the corporation surviving or newly established after the merger. <Newly Inserted on May 28, 2014; Mar. 21, 2017> |
| (9) | Neither of the following transport service providers may transfer his or her business to any third person: <Newly Inserted on Jun. 22, 2015; Mar. 21, 2017; Mar. 20, 2018> |
| 1. | A transport service provider who has obtained permission prescribed in Article 3 (1), pursuant to paragraph (7) 1 (b) of said Article; |
| 2. | A transport service provider who has obtained permission prescribed in Article 3 (1) or permission for modification prescribed in paragraph (3) of said Article, pursuant to paragraph (7) 1 (c) of said Article. |
| Article 17 (Inheritance of Trucking Transport Service) |
| (1) | Where the heir of a deceased transport service provider intends to continue the trucking transport service, he or she shall file a report of his or her intention with the Minister of Land, Infrastructure and Transport within 90 days after the decedent dies. <Amended on Mar. 23, 2013; Jul. 16, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall notify a reporting person of whether to accept a report within five days from the date a report under paragraph (1) is filed. <Newly Inserted on Mar. 21, 2017> |
| (3) | If the Minister of Land, Infrastructure and Transport fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (2), the report shall be deemed accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| (4) | Where the report under paragraph (1) is filed, the permission granted to the decedent shall be deemed granted to the heir for the period of time from the date of death of the decedent until the date the report is filed. <Amended on Mar. 21, 2017> |
| (5) | The heir who has filed the report under paragraph (1) shall succeed the status of the decedent as a transport service provider. <Amended on Mar. 21, 2017> |
| (6) | Article 4 shall apply mutatis mutandis to the disqualifications of an heir under paragraph (1): Provided, That where an heir transfers the trucking transport business of the decedent to a third person within three months from the date of death of the decedent, permission granted to the decedent for the trucking transport service shall be deemed granted to the heir for the period from the date of death of the decedent to the date of transfer. <Amended on Mar. 21, 2017> |
| Article 18 (Reporting on Temporary or Permanent Closure of Trucking Transport Service) |
| (1) | Where a transport service provider intends to temporarily close the whole or any part of the trucking transport service or permanently close the whole trucking transport business, he or she shall file a report thereon in advance with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | If a report filed pursuant to paragraph (1) has no defect in its descriptions and accompanying documents and meets the requirements for formalities prescribed in statutes or regulations, etc., it shall be deemed that the duty to report is performed when the report arrives at the receiving agency. <Newly Inserted on Mar. 21, 2017> |
| (3) | Any transport service provider who intends to temporarily close the whole or any part of the trucking transport service or permanently close the whole trucking transport service shall post a notice of his or her intention at his or her place of business or any other place readily accessible by the general public. <Amended on Mar. 21, 2017> |
| Article 19 (Revocation of Permission for Trucking Transport Service) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission issued to a transport service provider or issue an order to a transport service provider to suspend his or her business operations completely or partially for a prescribed period not exceeding six months or to reduce the number of vehicles: Provided, That the Minister of Land, Infrastructure and Transport shall revoke permission without exception in cases falling under subparagraph 1, 5, or 13: <Amended on Jun. 15, 2011; Mar. 23, 2013; Mar. 18, 2014; Jan. 6, 2015; Jun. 22, 2015; Mar. 21, 2017> |
| 1. | Where a transport service provider obtains permission under Article 3 (1) by wrongful means; |
| 1-2. | Where a transport service provider fails to produce transport results meeting the guidelines prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for six months after having obtained permission; |
| 2. | Where a transport service provider obtains permission for modification prescribed in Article 3 (3) by wrongful means or modifies any of the permitted matters without obtaining permission for modification; |
| 3. | Where a transport service provider fails to meet any of the guidelines under Article 3 (7); |
| 4. | Where a transport service provider fails to file a report under Article 3 (9) or files a false report; |
| 4-2. | Where a transport service provider who owns at least two trucks remains at a place other than his or her principal place of business and conducts business activities at the place without permission for establishing a business office prescribed in Article 3 (11); |
| 4-3. | Where a transport service provider violates any condition or term under Article 3 (14); |
| 5. | Where a transport service provider falls under any subparagraph of Article 4: Provided, That if any executive officer of a legal entity falls under any subparagraph of Article 4, but is replaced within three months, permission shall not be revoked; |
| 6. | Where a transport service provider employs a person with no qualification as a truck driver to transport a cargo; |
| 7. | Where a transport service provider breaches any obligation under Article 11; |
| 7-2. | Where a transport service provider breaches the duty of direct transportation, etc. under Article 11-2; |
| 7-3. | Deleted; <Mar. 21, 2017> |
| 7-4. | Where a transport service provider who directly drives one of his or her own trucks, a trucking employee employed by a transport service provider, or an entrusted owner-operator is subject to an administrative fine under Article 70, on at least three occasions a year, in violation of Article 12 (1) 5; |
| 8. | Where a transport service provider fails to comply with an improvement order under Article 13 without justifiable grounds; |
| 9. | Where a transport service provider fails to comply with an order to commence his or her business operations in accordance with Article 14 without justifiable grounds; |
| 9-2. | Where a transport service provider transfers his or her business in violation of Article 16 (9); |
| 10. | Where a transport service provider violates a disposition of business suspension or an order to reduce the number of vehicles made or issued pursuant to this Article; |
| 11. | Where a transport service provider causes a serious traffic accident or causes frequently repeated traffic accidents, resulting in a number of casualties; |
| 12. | Where a transport service provider subject to suspension of subsidies pursuant to Article 44-2 (1) falls under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension; |
| 12-2. | Where a transport service provider fails to file a report under Article 47-2 (1) or files a false report; |
| 12-3. | Where a transport service provider fails to meet the standards under Article 47-2 (2); |
| 13. | Where a transport service provider is sentenced to imprisonment without labor or heavier punishment for filing fraudulent or wrongful insurance claim in connection with a traffic accident involving a truck, and such sentence becomes final and conclusive. |
| (2) | The scope of serious traffic accidents and frequently repeated traffic accidents under paragraph (1) 11 shall be prescribed by Presidential Decree. |
| (3) | The guidelines and procedures for the revocation of permission, the disposition of business suspension, and orders for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[Title Amended on Mar. 18, 2014]
| Article 20 (Suspending Operation of Motor Vehicles) |
| (1) | In any of the following cases, a transport service provider shall return the registration certificates and registered number plates of the relevant trucks to the Minister of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Jun. 22, 2015; Mar. 21, 2017> |
| 1. | Where he or she has filed a report on temporary or permanent closure of trucking transport service in accordance with Article 18 (1); |
| 2. | Where permission he or she has obtained is revoked or a disposition of business suspension is made pursuant to Article 19 (1); |
| 3. | Where any permitted matter is modified to reduce the number of vehicles (including where the number of vehicles is reduced in compliance with an order issued pursuant to Article 19 (1)); |
| 4. | Where the term of temporary permission under Article 3 (12) expires. |
| (2) | In any of the following cases, the Minister of Land, Infrastructure and Transport shall return the registration certificates and registered number plates of the trucks kept in his or her custody pursuant to paragraph (1) to the relevant transport service provider: <Amended on Mar. 23, 2013> |
| 1. | Where the period of temporary closure reported in accordance with Article 18 (1) ends; |
| 2. | Where the period of business suspension under Article 19 (1) ends. |
| (3) | Any transport service provider who has registered number plates returned pursuant to paragraph (2) shall re-affix them on the relevant trucks and shall have them sealed by the competent Mayor/Do Governor. |
| Article 21 (Imposition of Penalty Surcharges) |
| (1) | Where the Minister of Land, Infrastructure and Transport issues a disposition of business suspension against a transport service provider who falls under any subparagraph of Article 19 (1), but if the disposition of business suspension is likely to cause severe inconvenience to users of the trucking transport service or undermine public interest otherwise, he or she may impose and collect a penalty surcharge not exceeding 20 million won in lieu of the disposition, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | The amount of a penalty surcharge depending upon the category and severity of an offense against which the penalty surcharge under paragraph (1) shall be imposed and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person against whom a penalty surcharge has been imposed pursuant to paragraph (1) fails to pay it by the prescribed deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as national taxes in arrears are collected. <Amended on Mar. 23, 2013> |
| (4) | No penalty surcharge collected pursuant to paragraph (1) shall be used (or spent as a subsidy or a loan) for any purpose other than those provided for in the following: <Amended on Jun. 15, 2011> |
| 1. | Construction and expansion of cargo terminals; |
| 2. | Construction and expansion of common depots (referring to depots established or leased by a trade association, a transport service provider, or a trucking franchisor to provide them to transport service providers or trucking franchisors for common use; hereinafter the same shall apply); |
| 3. | Improvement of business management and other necessary matters concerning the development of trucking transport business, including providing information on cargo; |
| (5) | The Minister of Land, Infrastructure and Transport shall establish and implement plans for the management of collected penalty surcharges, as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport. <Amended on Mar. 23, 2013> |
The Minister of Land, Infrastructure and Transport shall hold a hearing to make any of the following dispositions: <Amended on Mar. 23, 2013>
| 1. | Deleted; <Jun. 22, 2015> |
| 2. | Revocation of permission for trucking transport service under Article 19 (1); |
| 3. | Revocation of permission for freight forwarding business under Article 27; |
| 4. | Revocation of permission for franchise trucking business under Article 32. |
[This Article Wholly Amended on Jun. 15, 2011]
| Article 23 (Revocation of Qualifications as Truck Drivers) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the qualification of a truck driver or may suspend the validity of a qualification of a truck driver for a prescribed period not exceeding six months: Provided, That the Minister of Land, Infrastructure and Transport shall revoke the relevant qualification without exception in cases falling under subparagraph 1, 2, 5, 6, 7, 9, or 10: <Amended on Mar. 23, 2013; May 22, 2013; Jul. 16, 2013; Mar. 18, 2014; Aug. 9, 2017; Aug. 14, 2018> |
| 1. | Where such person falls under any subparagraph of Article 4 applied mutatis mutandis pursuant to subparagraph 1 of Article 9: |
| 2. | Where such person acquires the qualification as a truck driver by fraud or other wrongful means; |
| 4. | Where such person causes a traffic accident while transporting cargo by intention or gross negligence, killing or injuring any third person; |
| 5. | Where such person lends his or her truck driver qualification certificate to a third person; |
| 6. | Where such person continues working as a truck driver while his or her qualification as a truck driver was suspended; |
| 7. | Where the driver's license for driving a truck under the Road Traffic Act is revoked; |
| 8. | Where such person violates Article 12 (1) 3, 7, or 9; |
| 9. | Where such person is sentenced to imprisonment without labor or heavier punishment for filing fraudulent or wrongful insurance claim in connection with a traffic accident involving a truck, and such sentence becomes final and conclusive; |
| (2) | Matters regarding the criteria and procedures for dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Article 22 shall apply mutatis mutandis to the revocation of the qualification as a truck driver (excluding revocation for falling under paragraph (1) 7). <Amended on Apr. 17, 2018> |
CHAPTER III FREIGHT FORWARDING BUSINESS
| Article 24 (Permission for Freight Forwarding Business) |
| (1) | Any person who intends to operate freight forwarding business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That a person who has obtained permission for franchise trucking business under Article 29 (1) is not required to obtain permission for freight forwarding business. <Amended on Mar. 23, 2013> |
| (2) | Where any person who obtains permission for freight forwarding business under the main sentence of paragraph (1) (hereinafter referred to as "freight forwarder") intends to have such permission amended, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall notify a reporting person as to whether he or she accepts a report within five days from the date a report or report on modification is filed under paragraph (2). <Newly Inserted on Mar. 21, 2017> |
| (4) | If the Minister of Land, Infrastructure and Transport fails to notify a reporting person as to whether he or she accepts a report or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (3), the report shall be deemed accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| (5) | Deleted. <Apr. 17, 2018> |
| (6) | The prerequisites for permission for freight forwarding business under paragraph (1) are as follows: <Amended on Mar. 23, 2013; Mar. 21, 2017; Apr. 17, 2018; Jun. 9, 2020> |
| 1. | The business shall satisfy the supply standards publicly notified by the Minister of Land, Infrastructure and Transport, based upon demands for brokerage in transportation of cargo; |
| 2. | The space of its office and other matters shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (7) | Article 3 (9) shall apply mutatis mutandis to reporting on matters regarding the prerequisites for permission for a freight forwarder. <Amended on Mar. 21, 2017> |
| (8) | If a freight forwarder intends to remain at a place other than his or her principal place of business in order to conduct business activities, he or she shall establish a business office at the place with permission therefor obtained from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Mar. 18, 2014; Mar. 21, 2017> |
| Article 25 (Prohibition on Lending Freight Forwarder's Name) |
No freight forwarder may allow any third person to operate freight forwarding business in the forwarder's name.
| Article 26 (Freight Forwarders’ Obligations) |
| (1) | Regarding cargo for which a freight forwarder has concluded a transportation contract in his or her own name, the freight forwarder shall not make a subcontract with another freight forwarder for the remaining amount after deducting a certain amount from the original contract amount: Provided, That the same shall not apply where the freight forwarder commissions another freight forwarder to act in the capacity of a broker or agent to consign the transportation of cargo directly to an entrusted owner-operator or an individual transport service provider so that the cargo may be transported more efficiently. <Amended on Jun. 15, 2011; Apr. 17, 2018> |
| (2) | Regarding cargo for which a freight forwarder was requested by a shipper to act in the capacity of a broker or agent, the freight forwarder shall not commission another freight forwarder to act in the capacity of a broker or agent for the cargo as consideration for a fee or any other compensation. |
| (3) | Deleted. <Jun. 15, 2011> |
| (4) | No freight forwarder shall give any false information to transport service providers about the type, weight, or volume of cargo or any other relevant fact, or act in the capacity of a broker for cargo transport in violation of Article 77 of the Road Act or Article 39 of the Road Traffic Act. <Amended on Jun. 22, 2015> |
| (5) | Deleted. <Apr. 17, 2018> |
| (6) | Arranging cargo by a freight forwarder to a trucking business franchisor for transportation shall not be deemed making a subcontract or acting in the capacity of a broker or agent under paragraph (1) or (2). |
| (7) | Matters to be observed by freight forwarders to ensure orderly transportation of cargo and promote shippers' convenience, other than those provided for in paragraphs (1), (2), and (4) through (6), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jun. 15, 2011; Mar. 23, 2013> |
| Article 26-2 (Application of Freight Forwarders' Obligations to International Logistics Mediation Business Operators) |
Where a person who operates an international logistics mediation business registered under Article 43 (1) of the Framework Act on Logistics Policies, arranges trucking services to transport export-import cargo within the Republic of Korea, Article 26 governing freight forwarders' obligations shall apply. <Amended on Jun. 22, 2015; Dec. 29, 2015> [This Article Newly Inserted on Jun. 15, 2011]
| Article 27 (Revocation of Permission for Freight Forwarding Business) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission granted to a freight forwarder or order a freight forwarder to suspend operation of his or her business for a prescribed period not exceeding six months: Provided, That the Minister of Land, Infrastructure and Transport shall revoke the relevant permission without exception in cases falling under subparagraph 1, 2, or 9: <Amended on Jun. 15, 2011; Mar. 23, 2013; Jul. 16, 2013; Mar. 18, 2014; May 28, 2014; Jun. 22, 2015; Dec. 29, 2015; Mar. 21, 2017; Nov. 28, 2017; Mar. 20, 2018; Apr. 17, 2018; Aug. 14, 2018> |
| 1. | Where a freight forwarder falls under any subparagraph of Article 4 applied mutatis mutandis pursuant to Article 28: Provided, That where one of the executive officers of a corporation falls under any subparagraph of Article 4, but is replaced within three months, the permission shall not be revoked; |
| 2. | Where a freight forwarder obtains permission under Article 24 (1) by fraud or other wrongful means; |
| 3. | Where a freight forwarder ceases to meet any of the prerequisites for permission referred to in Article 24 (6); |
| 4. | Where a freight forwarder fails to file a report pursuant to Article 24 (7) or files a false report; |
| 4-2. | Where a freight forwarder permanently remains at a place other than his or her principal place of business and conducts business activities at such place without permission for establishing a business office referred to in Article 24 (8); |
| 6. | Where a freight forwarder breaches an obligation under Article 26; |
| 7. | Where a freight forwarder breaches an obligation under Article 11 (excluding paragraphs (3), (4), (7), (14) through (18), and (20) through (24) of said Article), which shall apply mutatis mutandis pursuant to Article 28; |
| 7-2. | Deleted. <Mar. 21, 2017> |
| 8. | Where a freight forwarder fails to comply with any improvement order under Article 13 (excluding subparagraphs 2 and 5 through 7 of said Article), which shall apply mutatis mutandis pursuant to Article 28; |
| 8-2. | Where a freight forwarder fails to file a report under Article 47-2 (1) or files a false report; |
| 9. | Where a freight forwarder continues business during a period of business suspension in violation of any order to suspend business under this Article; |
| 10. | Deleted. <Dec. 29, 2015> |
| (2) | The criteria and procedures for the revocation of permission under paragraph (1) or business suspension and other necessary matters shall be prescribed by Presidential Decree. |
| Article 28 (Provisions Applicable Mutatis Mutandis) |
Regarding freight forwarding business, Articles 4, 6, 7, 11 (excluding paragraphs (3), (4), (7), (10), (14) through (18), and (20) through (24) of said Article), 12 (excluding paragraph (1) 4 of said Article), 13 (excluding subparagraphs 2 and 5 through 7 of said Article), 16 through 18, and 21 shall apply mutatis mutandis. In such cases, "standard-form transportation contract" shall be construed as "standard-form freight forwarding contract", and "transport service provider" as "freight forwarder", respectively. <Amended on Jun. 15, 2011; Jul. 16, 2013; May 28, 2014; Jun. 22, 2015; Dec. 29, 2015; Mar. 21, 2017; Nov. 28, 2017; Mar. 20, 2018; Apr. 17, 2018; Aug. 14, 2018>
CHAPTER IV FRANCHISE TRUCKING BUSINESS AND CARGO INFORMATION NETWORK
| Article 29 (Permission for Franchise Trucking Business) |
| (1) | A person who intends to operate franchise trucking business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Where a trucking franchisor who obtains permission under paragraph (1) intends to have the permission amended, he or she shall obtain permission for modification from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he or she intends to have a minor matter therein modified, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | The prerequisites for permission for franchise trucking business or permission for modification that involves the expansion of a fleet of trucks under paragraph (1) or the main sentence of paragraph (2) are as follows: <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| 1. | The franchise trucking business shall meet the supply standards publicly notified by the Minister of Land, Infrastructure and Transport, based upon the demand for transportation of cargo; |
| 2. | The franchise trucking business shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding the number of trucks (including the number of trucks owned by trucking franchisees), transport facilities, and other relevant matters. |
| (4) | Article 3 (9) shall apply mutatis mutandis to reporting on matters regarding the prerequisites for permission for a trucking franchisor. <Amended on Mar. 21, 2017> |
| (5) | If a trucking franchisor intends to remain at a place other than his or her principal place of business in order to conduct business activities, he or she shall establish a business office at the place with permission therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Mar. 18, 2014> |
| (6) | The Minister of Land, Infrastructure and Transport shall notify an applicant as to whether he or she grants permission or permission for modification or whether he or she accepts a report within 20 days from the date an application for permission or permission for modification under paragraph (1), (2), or (5) or a report on modification is filed. <Newly Inserted on Mar. 21, 2017> |
| (7) | If the Minister of Land, Infrastructure and Transport fails to notify an applicant as to whether he or she grants permission or accept a report or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (6), the permission or report shall be deemed granted or accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| Article 30 (Roles of Trucking Franchisors and Trucking Franchisees) |
| (1) | A trucking franchisor shall perform the following conscientiously to facilitate the franchise trucking business: <Amended on Apr. 17, 2018> |
| 1. | Allocating cargo fairly between the trucking franchisor and his or her trucking franchisees for direct transportation by him or her and indirect transportation through franchisees; |
| 2. | Developing and diffusing effective techniques for transportation; |
| 3. | Establishing and operating a cargo information network to facilitate transportation of cargo. |
| (2) | A trucking franchisee shall perform the following conscientiously to facilitate the franchise trucking business: <Amended on Apr. 17, 2018> |
| 1. | Providing the trucking franchisor with transportation services in compliance with the guidelines established by the trucking franchisor (applicable only to transport service providers and trucking franchisees who are entrusted owner-operators); |
| 2. | Informing of the location of each vehicle for smooth transportation of cargo (applicable only to transport service providers and trucking franchisees who are entrusted owner-operators); |
| 3. | Securing cargo and supplying it to the trucking franchisor (applicable only to trucking franchisees who are freight forwarders). |
| (3) | Article 7 (3) through (6) shall apply mutatis mutandis to the conciliation of disputes between a trucking franchisor and a trucking franchisee. In such cases, the term "shipper" shall be construed as "trucking franchisor or trucking franchisee". |
| Article 31 (Improvement Orders) |
If deemed necessary for ensuring the safety of operations, establishing order in transportation, and promoting shippers' convenience, the Minister of Land, Infrastructure and Transport may issue an order to a trucking franchisor to take the following measures: <Amended on Mar. 23, 2013>
| 1. | To amend the standard form of transportation contract; |
| 2. | To alter the structure of trucks or improve transport facilities; |
| 3. | To take measures for the safe transportation of cargo; |
| 5. | To purchase a cargo indemnity insurance policy, etc. under Article 35 and an insurance policy or liability mutual aid agreement that the trucking franchisor is obligated to purchase or conclude under the Compulsory Motor Vehicle Liability Security Act; |
| 6. | To take other measures prescribed by Presidential Decree as necessary for improving the franchise trucking business. |
| Article 32 (Revocation of Permission for Franchise Trucking Business) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission issued to a trucking franchisor or order a trucking franchisor to suspend his or her business operations completely or partially for a prescribed period not exceeding six months or to reduce the number of trucks: Provided, That the Minister of Land, Infrastructure and Transport shall revoke permission without exception in cases falling under subparagraph 1 or 4: <Amended on Jun. 15, 2011; Mar. 23, 2013; Mar. 18, 2014; Jan. 6, 2015; Jun. 22, 2015; Apr. 17, 2018> |
| 1. | Where a trucking franchisor falls under any subparagraph of Article 4, applied mutatis mutandis pursuant to Article 33: Provided, That such permission shall not be revoked if one of the executive officers of a corporation falls under any subparagraph of Article 4, but is replaced within three months; |
| 2. | Where a trucking franchisor has a person unqualified as a truck driver to transport cargo; |
| 3. | Where a trucking franchisor fails to comply with an order to commence business operations under Article 14, applied mutatis mutandis pursuant to Article 33, without justifiable grounds; |
| 4. | Where a trucking franchisor obtains permission under Article 29 (1) by fraud or other wrongful means; |
| 5. | Where a trucking franchisor obtains permission for modification under Article 29 (2) by fraud or other wrongful means; |
| 6. | Where a trucking franchisor ceases to meet any of the prerequisites for the permission or permission for modification under Article 29 (3); |
| 7. | Where a trucking franchisor fails to file a report under Article 29 (4) or files a false report; |
| 7-2. | Where a trucking franchisor remains at a place other than his or her principal place of business and conducts business activities at the place without permission for establishing a business office under Article 29 (5); |
| 8. | Where a trucking franchisor fails to comply with an improvement order under Article 31 without justifiable grounds; |
| 9. | Where a trucking franchisor violates Article 11 or 25 (excluding where he or she allows his or her trucking franchisees to use his or her own business mark), applied mutatis mutandis pursuant to Article 33; |
| 9-2. | Deleted; <Mar. 21, 2017> |
| 11. | Where a trucking franchisor violates an order issued pursuant to this Article to suspend business or reduce the number of vehicles; |
| 12. | Where a trucking franchisor injures or kills at least one person in a severe traffic accident or frequent traffic accidents; |
| 13. | Where a trucking franchisor subject to the suspension of subsidies pursuant to Article 44-2 (1) falls under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension; |
| 13-2. | Where a trucking franchisor fails to file a report under Article 47-2 (1) or files a false report. |
| (2) | The scope of serious traffic accidents and frequent traffic accidents under paragraph (1) 12 shall be prescribed by Presidential Decree. |
| (3) | The guidelines and procedures for the revocation of the permission, the disposition of business suspension, or the order for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 33 (Provisions Applicable Mutatis Mutandis) |
Regarding franchise trucking business, Articles 4, 5, 6, 7, 10 through 14, 16 through 18, 20, 21, and 25 (excluding where a trucking franchisor allows his or her trucking franchisees to use his or her own business mark) shall apply mutatis mutandis. In such cases, "standard-form transportation contract" shall be construed as "standard-form franchise transportation contract", and "transport service provider" as "trucking franchisor", respectively. <Amended on Jun. 15, 2011; May 22, 2013; Jun. 22, 2015; Mar. 21, 2017; Apr. 17, 2018>
| Article 34 (Application Mutatis Mutandis of the Fair Transactions in Franchise Business Act) |
Articles 7, 9 through 11, 13, and 14 of the Fair Transactions in Franchise Business Act shall apply mutatis mutandis to the exchange of information between a trucking franchisor and trucking franchisees, the return of a franchise deposit, a franchise contract, and other relevant matters. In such cases, "franchise applicant" shall be construed as "person who desires to be granted a franchise for franchise trucking business"; "franchisee business operator" as "trucking franchisee"; "franchise headquarters", "franchise headquarters (including where a franchise local headquarters or a franchise broker offers franchise opportunities to business operators; hereinafter the same shall apply)" in Article 7 (1) of said Act, and the "franchise headquarters or a trade association composed of a number of franchise headquarters" in Article 7 (3) of said Act as "trucking franchisor", respectively; and "franchise deposit under subparagraph 6 (a) and (b) of Article 2" in Article 10 (1) of said Act as "money paid to the trucking franchisor in consideration for a license for using the business mark when a business operator is granted the franchise, regardless of the name or manner in which the money was paid".
| Article 34-2 Deleted. <Jun. 22, 2015> |
| Article 34-3 Deleted. <Jun. 22, 2015> |
| Article 34-4 (Use of Cargo Information Networks) |
| (1) | Where a transport service provider consigns the transportation of cargo to another transport service provider or an entrusted owner-operator who belongs to another transport service provider, he or she may use the cargo information network of a trucking franchisor or the cargo information network certified under Article 38 of the Framework Act on Logistics Policies. <Amended on May 28, 2014; Jun. 22, 2015> |
| (2) | Where a freight forwarder consigns the transportation of cargo to a transport service provider or an entrusted owner-operator, he or she may use the cargo information network of a trucking franchisor or the cargo information network certified under Article 38 of the Framework Act on Logistics Policies. <Amended on Jun. 22, 2015> |
[This Article Newly Inserted on Jun. 15, 2011]
CHAPTER V PURCHASING CARGO INDEMNITY INSURANCE
| Article 35 (Obligation to Purchase Cargo Indemnity Insurance) |
Any of the following persons shall purchase an insurance policy or enter into a mutual aid agreement for cargo liability (hereinafter referred to as "cargo indemnity insurance") as prescribed by Presidential Decree to cover his or her liability for damage under Article 7 (1): <Amended on Mar. 23, 2013> | 1. | A transport service provider who owns trucks specified by Ordinance of the Ministry of Land, Infrastructure and Transport among trucks with a maximum load capacity of at least five tons or those with gross weight of at least 10 tons; |
| 2. | A freight forwarder who handles cargo specified by Ordinance of the Minister of Land, Infrastructure and Transport; |
| 3. | A trucking franchisor. |
| Article 36 (Obligation to Enter into Contract Such as Cargo Indemnity Insurance) |
| (1) | An insurance company prescribed in the Insurance Business Act (including a person who provides a mutual aid service that indemnifies for cargo damage; hereinafter referred to as "insurance company") shall not reject an offer made by a person who is obligated to purchase cargo liability insurance (hereinafter referred to as "mandatory insurance policyholder") to enter into a contract of cargo liability insurance policy (hereinafter referred to as "liability insurance policy"), unless any of the grounds specified by Presidential Decree exists. |
| (2) | Notwithstanding paragraph (1), multiple insurance companies may jointly enter into a liability insurance policy with a mandatory insurance policyholder, where it is highly probable that the policyholder will cause an accident in transit or any of the grounds specified by Ordinance of the Ministry of Land, Infrastructure and Transport exists. <Amended on Mar. 23, 2013> |
| Article 37 (Cancellation of Liability Insurance Policies) |
Neither a mandatory insurance policyholder nor an insurance company may fully or partially cancel or terminate a liability insurance policy, except where any of the following events occurs:
| 1. | Where there is any modification to the matters permitted for a trucking transport service (referring only to a reduction in the number of vehicles) pursuant to the main sentence of Article 3 (3); |
| 2. | Where the trucking transport service is temporarily or permanently closed in accordance with Article 18 (1) (including cases to which the aforesaid provisions apply mutatis mutandis pursuant to Article 28 or 33); |
| 3. | Where the permission for the trucking transport service is revoked or an order to reduce the number of vehicles is issued pursuant to Article 19 (1); |
| 4. | Where the permission for the freight forwarder is revoked pursuant to Article 27 (1); |
| 5. | Where the permission for the franchise trucking business is amended (referring only to a reduction in the number of vehicles) pursuant to the main sentence of Article 29 (2); |
| 6. | Where the permission for the franchise trucking business is revoked or an order to reduce the number of vehicles is issued pursuant to Article 32 (1); |
| 7. | Where it is intended to cancel or terminate a liability insurance policy because of an overlap in coverage between two cargo liability insurance policies; |
| 8. | Where the insurance company is unable to continue its business due to bankruptcy or any other reason; |
| 9. | Where any event occurs similar to those under subparagraphs 1 through 8 and specified by Presidential Decree. |
| Article 38 (Notification of Expiry Dates of Liability Insurance Policies) |
| (1) | Any insurance company shall notify each mandatory insurance policyholder who has entered into a liability insurance policy therewith, not later than 30 days before the expiry date of the policy, of the fact that the policy will expire. |
| (2) | Where a mandatory insurance policyholder who has entered into a liability insurance policy with an insurance company fails to enter into a new policy after expiration of the policy, the insurance company concerned shall notify the Minister of Land, Infrastructure and Transport of such fact without delay. <Amended on Mar. 23, 2013> |
| (3) | Matters regarding the methods and procedures for notification under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
CHAPTER VI RATIONALIZATION OF BUSINESS MANAGEMENT
| Article 39 (Efforts for Rationalization of Business) |
Transport business operators shall endeavor to rationalize business management and improve transportation services by establishing order in transportation of cargo, ensuring sound business management, and developing techniques for transportation of cargo. <Amended on Apr. 17, 2018>
| Article 40 (Entrustment of Business Management) |
| (1) | Where necessary to operate trucking transport business more efficiently, a transport service provider may entrust any of his or her vehicles and of the management of his or her business to any third person (referring to any individual other than a transport service provider) or entrust any part of the management of his or her business to a person who has contributed vehicles in kind. <Amended on Jun. 15, 2011> |
| (2) | The Minister of Land, Infrastructure and Transport may restrict the entrustment of business management under Article 3 (14), notwithstanding paragraph (1), where necessary to maintain order in the cargo transport market and improvement of transportation services by transport service providers. <Newly Inserted on Jun. 22, 2015; Mar. 21, 2017> |
| (3) | Both a transport service provider and an entrusted owner-operator shall conclude a contract for entrustment fairly in accordance with an agreement made between them on equal terms and shall act in good faith and with sincerity in fulfilling the contract. <Newly Inserted on Jun. 15, 2011> |
| (4) | The parties shall enter into a contract under paragraph (3) specifying the vehicle owner, the term of contract, and other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and shall exchange written contracts signed and sealed by each of the parties and keep them. In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify a standard-form entrustment contract to firmly establish a sound trading system and ensure fairness in contracting; and may recommend giving priority to the standard form. <Newly Inserted on Jun. 15, 2011; Mar. 23, 2013; May 28, 2014; Apr. 17, 2018; Jun. 9, 2020> |
| (5) | The term of a contract for entrustment under paragraph (3) shall be at least two years. <Newly Inserted on May 28, 2014> |
| (6) | Each Mayor/Do Governor may establish and operate a dispute mediation council for trucking transport service, as prescribed by Presidential Decree, to assist trucking transport business in settling disputes arising in connection with the conclusion and performance of contracts for entrustment under paragraph (3). <Newly Inserted on Jun. 15, 2011; May 28, 2014> |
| (7) | In any of the following cases where the terms and conditions of an entrustment contract under paragraph (3) are substantially unfair to one party, the relevant terms and conditions shall become void: <Newly Inserted on Jun. 22, 2015; Jun. 9, 2020> |
| 1. | Where one party shifts responsibility onto the other party for the matters hardly predictable at the time of entering into the contract in light of all the circumstances related to the type, terms and conditions, etc. of a transportation contract; |
| 2. | Where one party undermines the other party's legitimate interests by providing the terms and conditions of a contract as per unilateral intention if there is no specific determination or there are conflicts between the parties for the terms and conditions of contract; |
| 3. | Where one party undermines the other party's legitimate interests by determining that he or she excessively deducts or adds the liability for damages of a party for nonfulfillment of a contract; |
| 4. | Where one party excludes or limits the rights of the other party which are acknowledged by relevant statutes or regulations, such as the Civil Act and this Act, without any reasonable reasons; |
| 5. | Where terms and conditions of an entrustment contract are substantially unfair for one of the parties, making it necessary to nullify the relevant terms and conditions, which is prescribed by Presidential Decree. |
| Article 40-2 (Renewal of Entrustment Contracts) |
| (1) | If a transport service provider is requested by an entrusted owner-operator to renew the relevant entrustment contract during a period of between 150 days and 60 days before the term of the entrustment contract expires, the transport service provider shall not reject such request, except in any of the following cases: <Amended on Apr. 17, 2018> |
| 1. | In either of the following cases where the entire term of an entrustment contract, including the initial term of the entrustment contract, does not exceed six years: |
| (a) | Where the entrusted owner-operator concluded the entrustment contract by fraud or other wrongful means; |
| (b) | Where the transport service provider falls under any of the grounds prescribed by Presidential Decree as serious grounds making it impracticable for the transport service provider to renew the entrustment contract; |
| 2. | In any of the following cases where the entire term of an entrustment contract, including the initial term of the entrustment contract, exceeds six years: |
| (a) | In either of the cases referred to in subparagraph 1; |
| (b) | Where the entrusted owner-operator fails to make monthly payments to the transport service provider as required under the entrustment contract (referring to the sum of the amounts payable in the relevant month where it was agreed to make at least two payments per month) on at least six occasions (excluding where the amount of the monthly payments under the entrustment contract substantially exceeds the amount of ordinary monthly payments in the same type of business); |
| (c) | Where the entrusted owner-operator fails to fulfill any term or condition stipulated in the standard-form entrustment contract under the latter part of Article 40 (4); |
| (d) | Where the transport service provider falls under any of the grounds prescribed by Presidential Decree as serious grounds making it impracticable for the transport service provider to continue business operations normally. |
| (2) | If a transport service provider intends to reject a request for renewal under paragraph (1), he or she shall give written notice of the grounds for rejection to the relevant entrusted owner-operator within 15 days from the date he or she receives the request. |
| (3) | If a transport service provider fails to give notice of rejection under paragraph (2) or to notify the relevant entrusted owner-operator, in writing, of an amendment to the terms and conditions of the relevant entrustment contract or of his or her intention not to renew the entrustment contract during a period of between 150 days and 60 days before the term of the entrustment contract expires, it shall be deemed that another entrustment contract is concluded under the same terms and conditions as those of the entrustment contract prior to the expiration of the contract: Provided, That the foregoing shall not apply where an entrusted owner-operator raises any objection by not later than 30 days before the expiration of the contract or where a natural disaster or any inevitable cause or event specified by Presidential Decree occurs to the transport service provider or to the entrusted owner-operator. |
[This Article Newly Inserted on May 28, 2014]
| Article 40-3 (Termination of Entrustment Contracts) |
| (1) | Where a transport service provider intends to terminate an entrustment contract, he or she shall give written notice to the relevant entrusted owner-operator at least twice, that he or she will terminate the contract if the entrusted owner-operator does not rectify his or her breach of the contract within a given grace period of at least two months, informing the entrusted owner-operator of the breach of the contract in detail: Provided, That the foregoing shall not apply where any of the serious problems specified by Presidential Decree make it impracticable to maintain the entrustment contract. |
| (2) | Termination of an entrustment contract without fulfilling the procedures under paragraph (1) shall have no effect. |
| (3) | Where a transport service provider is subject to measures to revoke permission or reduce the number of trucks (it only applies where the trucks of an entrusted owner-operator are subject to measures to reduce the number of trucks) under Article 19 (1) due to any of the following reasons, the relevant entrustment contract concluded between the transport service provider and the entrusted owner-operator shall be deemed terminated: <Newly Inserted Jun 22, 2015> |
| 2. | Where a transport service provider is subject to measures to revoke permission or reduce the number of trucks due to the causes attributable to him or her (excluding where it is possible to take measures to revoke permission or reduce the number of trucks due to willfulness of an entrusted owner-operator), which is prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport or a federation shall support a person who was an entrusted owner-operator of an entrustment contract terminated under paragraph (3) to conclude an entrustment contract with another transport service provider. In such cases, the transport service provider who has concluded the entrustment contract with the relevant entrusted owner-operator shall not demand any bribe in return for such entrustment contract. <Newly Inserted on Jun. 22, 2015> |
[This Article Newly Inserted on May 28, 2014]
[Title Amended on Jun. 22, 2015]
| Article 40-4 (Transfer of Entrustment Contracts) |
| (1) | An entrusted owner-operator may transfer his or her status as a party to an entrustment contract under Article 40 (3) to a third party upon consent of the relevant transport service provider: Provided, That, in any of the following cases, no transport service provider may refuse to give consent to the transfer of an entrustment contract, excluding cases prescribed by Presidential Decree, such as where the transferee is disqualified as a truck driver under Article 8: |
| 1. | Where an entrusted owner-operator is unable to perform his or her part of business management entrusted due to occupational injury or disease, etc.; |
| 2. | Where any inevitable event occurs to an entrusted owner-operator, which is prescribed by Presidential Decree. |
| (2) | A person who acquires the status of a transferor under an entrustment contract under paragraph (1) shall succeed to the rights and duties of a transferor under the entrustment contract. |
| (3) | Where an entrusted owner-operator transfers his or her status as a party to an entrustment contract under the proviso to paragraph (1), he or she shall notify the details of transfer in writing to the relevant transport service provider. |
| (4) | Where a transport service provider does not refuse to give consent to such transfer within one month after the date of notification under paragraph (3), the transport service provider shall be deemed to have agreed to the transfer thereof. |
[This Article Newly Inserted on Jun. 22, 2015]
| Article 40-5 (Survey on Entrustment Contracts) |
| (1) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may regularly conduct a survey on preparation of entrustment contracts under Article 40 (3). |
| (2) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request the parties to entrustment contracts under Article 40 (3) to submit materials relating to such contracts. In such cases, the parties so requested shall comply therewith, except in extenuating circumstances. |
| (3) | Matters regarding timing, range, means, etc. of surveys under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 22, 2015]
| Article 41 (Management Guidance) |
| (1) | If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems it necessary for improving management of trucking transport business or for the improvement of transportation services, he or she may provide guidance to transport business operators for the management of trucking transport business. <Amended on Mar. 23, 2013; Jul. 16, 2013> |
| (2) | If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor finds that a transport business operator shows poor performance in business management, including financial management and project management, he or she may provide advice to the transport business operator on the improvement of business management and may also require the transport business operator to submit a long- or medium-term plan or an annual plan for the improvement of business management. <Amended on Mar. 23, 2013; Jul. 16, 2013> |
| (3) | If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor finds that a plan submitted by a transport business operator for improving business management in accordance with paragraph (2) is unreasonable, he or she may recommend that the transport service provider amend the plan. <Amended on Mar. 23, 2013; Jul. 16, 2013> |
| Article 42 (Training Courses for Managers) |
Where a Mayor/Do Governor deems it necessary to improve transport business operators' abilities to manage business, he or she may provide executive officers responsible for business management (referring to a transport business operator himself or herself, if the transport business operator is a private individual) with training courses for managers. <Amended on Mar. 23, 2013; Jul. 16, 2013>
| Article 43 (Financial Support) |
| (1) | If deemed necessary to provide financial support for a local government, a public institution prescribed by Presidential Decree among those under the Act on the Management of Public Institutions, a local government-invested public corporation under the Local Public Enterprises Act, a trade association, or a transport business operator in implementing any of the following projects, the State may grant a subsidy or loan to cover part of the funds required, as prescribed by Presidential Decree: <Amended on Jun. 15, 2011; Mar. 23, 2013; Jun. 9, 2020> |
| 1. | A project for constructing common depots and public truck depots; |
| 2. | A project for building a trucking transport business information system; |
| 3. | A project for replacing outworn vehicles; |
| 4. | A project for conversion to fuel-efficient or environment-friendly trucks, etc. and for investment in facilities and equipment necessary for such conversion; |
| 5. | A project for constructing truck stops; |
| 6. | A project for expanding and improving facilities and equipment for the improvement of trucking transport business; |
| 7. | Other activities for the rationalization of business management of trucking transport business as specified by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (including any Gun within a Metropolitan City; hereafter the same shall apply in this Article and Articles 44 and 44-2) may grant transport service providers, trucking franchisors, and persons entrusted with trucking transport business in accordance with Article 40 (1) (hereafter referred to as "transport service providers, etc." in this Article and Articles 44 and 44-2) a full or partial subsidy for an increase in the following taxes and charges imposed on petroleum, as prescribed by Presidential Decree: <Amended on Mar. 31, 2010; Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015> |
| Article 44 (Use of Subsidies) |
| (1) | No person to whom a subsidy or loan has been granted pursuant to Article 43 (1) shall spend the funds for any purpose other than the originally intended purpose of the subsidy or loan. |
| (2) | The Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall guide and supervise the persons to whom a subsidy or loan has been granted pursuant to Article 43 (1) to use the funds appropriately. <Amended on Jun. 1, 2012; Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun finds that a trade association or a transport service provider, etc. received a subsidy or loan under Article 43 (1) or (2) by fraud or other wrongful means, he or she shall order the organization or the transport service provider to return the subsidy or loan, and may recover it in the same manner as delinquent national or local taxes are collected, if the organization or the transport service provider fails to comply. <Amended on Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013> |
| Article 44-2 (Suspension of Subsidies) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall suspend the payment of a subsidy under Article 43 (2) for a period not exceeding one year, as prescribed by Presidential Decree, where a transport service provider, etc. falls under any of the following cases: <Amended on Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015> |
| 2. | Where he or she receives a subsidy by making transactions or commissioning any third person to vicariously make transactions by means of any credit card, debit card, or card used for application of subsidy as pre-paid card (hereinafter referred to as "purchase card for petroleum, etc.") defined in Article 2 of the Specialized Credit Finance Business Act under the pretense of purchasing petroleum, etc. from a provider of filling petroleum, etc. or in excess of the actual purchase amount; |
| 3. | Where he or she receives a subsidy in connection with oil used for any purpose other than trucking transport business; |
| 4. | Where he or she receives a subsidy by misrepresenting the amount of oil purchased and consumed by another transport service provider, etc. as his or her own; |
| 5. | Where he or she receives a subsidy by fraud or other wrongful means in violation of any matter prescribed by Presidential Decree under Article 43 (2); |
| 6. | Where he or she fails to comply with a request to provide a statement of vindication and corroborative facts under paragraph (3) or refuses, evades, or interferes with any inspection or investigation under said paragraph. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may suspend the transaction functions of the purchase card for petroleum, etc. of the relevant business place as prescribed by Presidential Decree where a provider of filling petroleum, etc. participates in activities falling under any subparagraph of paragraph (1), or conspires thereof. <Newly Inserted on Jun. 22, 2015> |
| (3) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may request a transport service provider, etc. to provide a statement of vindication and corroborative facts evidencing the details of transactions so as to ascertain whether the transport service provider, etc. falls under any of following cases and, if necessary, may direct public officials under his or her control to visit a place of business of the transport service provider, etc. to inspect accounting books, documents, and other things or to ask questions to the relevant persons: <Amended on Jun. 22, 2015> |
| 1. | Whether or not a transport service provider, etc. conducts activities falling under any of paragraph (1) 1 through 5; |
| 2. | Whether or not a provider of filling petroleum, etc. participates in the activities falling under any of paragraph (1) 1 through 5 or conspires thereof. |
| (4) | In conducting an investigation or inspection under paragraph (3), a notice specifying the details and date of and reasons for such investigation or inspection shall be given to the relevant transport service provider, etc. by not later than seven days beforehand: Provided, That the same shall not apply to emergencies or where it is deemed that advance notice would lead to the destruction of evidence or otherwise make it impracticable to attain the purpose of the investigation or inspection. <Amended on Jun. 22, 2015> |
| (5) | Public officials conducting investigations or inspections under paragraph (3) shall carry identification indicating their authority and show it to interested persons, and those who visit a place of business shall present a document stating their names, the time and purpose of their visit, etc. to interested persons. <Amended on Jun. 22, 2015> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 45 (Establishment of Public Truck Depots) |
| (1) | A person falling under any item of subparagraph 9 of Article 2 may establish and operate a public truck depot on his or her own account or may lease it (or entrust the management of the depot) to any of the following persons: <Amended on Apr. 17, 2018> |
| 2. | A transport service provider; |
| 3. | A trucking business franchisor; |
| (2) | When a person who establishes a public truck depot pursuant to paragraph (1) (hereinafter referred to as "person who establishes a truck depot") intends to establish a public truck depot, such person shall formulate a plan for establishing and operating the public truck depot (hereinafter referred to as "plan for the establishment and operation"). <Amended on Jun. 22, 2015; Apr. 17, 2018> |
| (3) | When a person who establishes a truck depot, other than a Mayor/Do Governor, intends to formulate a plan for the establishment and operation pursuant to paragraph (2), such person shall obtain approval thereof in advance from the competent Mayor/Do Governor. The same shall also apply where such person intends to amend an approved plan. <Amended on Apr. 17, 2018> |
| (4) | When a person who establishes a truck depot formulates or amends a plan for the establishment and operation or obtains approval of a plan or amended plan pursuant to paragraph (2) or (3), such person shall give public notice thereof through the public gazette or publish it in daily newspapers, etc. <Newly Inserted on Apr. 17, 2018> |
| (5) | Where a Mayor/Do Governor formulates a plan for the establishment and operation or approves a plan for the establishment and operation formulated by a person who establishes a truck depot, other than a Mayor/Do Governor, under paragraph (2) or (3), Article 46-4 shall apply mutatis mutandis to the authorization, permission, etc. for matters relating to the plan. <Newly Inserted on Jun. 15, 2011; Apr. 17, 2018> |
| Article 46 Deleted. <Jun. 22, 2015> |
| Article 46-2 (Expansion of Truck Stops) |
| (1) | In order to improve truck drivers' working conditions and facilitate the transportation of cargo, the Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan to expand truck stops (hereinafter referred to as "comprehensive plan for truck stops") along freight routes and in major logistics hubs, on a five-yearly basis. <Amended on Mar. 23, 2013> |
| (2) | A comprehensive plan for truck stops shall include the following: <Amended on Mar. 23, 2013> |
| 1. | Current conditions of and future demand for truck stops; |
| 2. | Systematic supply of truck stops; |
| 3. | Placement of truck stops by year and region; |
| 4. | Upgrading and increasing efficiency of truck stops; |
| 5. | Other matters relating to the expansion of truck stops, as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. |
| (3) | Where the Minister of Land, Infrastructure and Transport seeks to formulate a comprehensive plan for truck stops or to modify any matter therein prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall first hear from Mayors/Do Governors and consult with the heads of related central administrative agencies. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport formulates a comprehensive plan for truck stops pursuant to paragraph (1) or modifies any matter in such plan pursuant to paragraph (3), he or she shall publish such fact in the Official Gazette. <Amended on Mar. 23, 2013> |
| (5) | Any project operator under Article 46-3 (2) may request the Minister of Land, Infrastructure and Transport to modify a comprehensive plan for truck stops if necessary. <Amended on Mar. 23, 2013> |
| (6) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor approves the formulation or modification of a construction plan pursuant to Article 46-3 (6) and (7), he or she shall ensure that it does not conflict or overlap with a comprehensive plan for truck stops. <Amended on Mar. 23, 2013> |
| (7) | Matters necessary for formulating comprehensive plans for truck stops and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 46-3 (Implementation of Projects for Construction of Truck Stops) |
| (1) | Persons eligible to operate a project for construction of truck stops shall be as follows: |
| 1. | The State or local governments; |
| 4. | Corporation designated by those provided for in subparagraphs 1 through 3, as prescribed by Presidential Decree. |
| (2) | Any person who seeks to operate a project for construction of truck stops pursuant to paragraph (1) (hereinafter referred to as "project operator") shall formulate a plan for construction of truck stops (hereinafter referred to as "construction plan"), including information prescribed by Presidential Decree, such as the name and objectives of the project, the areas in which the project is to be operated, and the size of such areas. |
| (3) | The areas in which truck stops are to be constructed and the facility standards shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (4) | Where a project operator formulates a construction plan under paragraph (2), he or she shall publicly announce the plan as prescribed by Presidential Decree and shall make copies of the relevant documents available for public inspection for at least 20 days. |
| (5) | With respect to a project for construction of truck stops, interested persons may present their opinions to the project operator regarding the relevant construction plan during period of public inspection under paragraph (4), and the project operator shall reflect such opinions in the construction plan if they are deemed reasonable. |
| (6) | Upon completion of the public announcement and public inspection under paragraph (4), the project operator shall obtain approval from the competent Mayor/Do Governor for the construction plan: Provided, That the State, a project operator under paragraph (1) 2, or a person designated by the State or the project operator under paragraph (1) 2 shall obtain such approval from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (7) | Where a project operator who has obtained approval pursuant to paragraph (6) intends to modify any matter in the approved construction plan, which is prescribed by Presidential Decree, such as the area in which the project is to be operated and the size of such area, he or she shall obtain approval from a person authorized to approve such modification. |
| (8) | Upon receipt of an application for approval of a construction plan or for the approval of a modification to a construction plan under paragraph (6) or (7), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall make a decision on whether to approve the construction plan or the modification within 60 days from the date the application for the approval of the construction plan or modification is filed, in the absence of special circumstances, and shall publicly notify the approval of the construction plan or modification, if he or she approves the plan or modification. <Amended on Mar. 23, 2013; Mar. 18, 2014> |
| (9) | If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor does not make a decision on whether to approve a construction plan or a modification within 60 days from the date the application for the approval of the construction plan or modification under paragraph (6) or (7) is filed, he or she is deemed to have approved the construction plan or modification. <Newly Inserted on Mar. 18, 2014> |
| (10) | In either of the following cases, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may revoke or amend the approval of a construction plan or may order a project operator to take other necessary measures: Provided, That the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall revoke approval of a construction plan without exception in cases falling under subparagraph 1: <Newly Inserted on Mar. 18, 2014> |
| 1. | If a project operator obtains approval for the construction plan under paragraph (6) by fraud or other wrongful means; |
| 2. | If a project operator continues the relevant project according to a modified construction plan without obtaining approval of the modification under paragraph (7). |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 46-4 (Constructive Authorization and Permission) |
| (1) | If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor approves a construction plan or a modification thereto under Article 46-3 (6) or (7), and completes consultation with the heads of relevant administrative agencies in accordance with paragraph (2) on the matters subject to the following authorization, permission, approval, decision, or other similar action (hereinafter referred to "authorization, permission, etc.") with respect to the construction plan, the relevant project operator is deemed to have obtained the relevant authorization, permission, etc. and the relevant authorization, permission, etc. under the following statutes is deemed publicly notified or announced at the time the approval of the construction plan or the modification thereto is publicly notified under Article 46-3 (8): <Amended on Mar. 23, 2013; Jan. 14, 2014; Jun 3, 2014; Jan. 27, 2016; Dec. 27, 2016; Jan. 17, 2017; Jan. 29, 2020> |
| 28. | Permission to execute works for construction of a public sewerage system under Article 16 of the Sewerage Act, and permission to occupy and use a public sewerage system under Article 24 of said Act; |
| 29. | Permission to execute river works and authorization of a river works execution plan under Article 30 of the River Act, and permission to occupy and use a river under Article 33 of said Act; |
| (2) | In approving a construction plan or a modification thereto pursuant to Article 46-3 (6) or (7), the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor shall pre-consult with the head of the relevant administrative agency if the construction plan includes any subparagraph of paragraph (1). In such cases, the head of the relevant administrative agency shall present his or her opinion within 20 days from the receipt of a request for such consultation. <Amended on Mar. 23, 2013> |
| (3) | A project operator who seeks to obtain the constructive authorization, permission, etc. under paragraph (1) shall submit the documents required under the relevant statute when filing an application for approving a construction plan or a modification thereto. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 46-5 (Expropriation and Use) |
| 1. | Establishment of a public truck depot under Article 45; |
| 2. | Construction project for a truck stop under Article 46-3. |
| 1. | Formulation and authorization of a plan for establishment and operation, and public notice or publication thereof under Article 45 (4); |
| 2. | Approval of construction plans and public notice thereof under Article 46-3 (8). |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 46-6 (Entrustment of Operation of Truck Stops) |
| (1) | Project operators may entrust the operation of a truck stop to the trade association or to any other person as prescribed by Presidential Decree. |
| (2) | Matters regarding the period, methods, etc. of entrustment of the operation of truck stops under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 47 Deleted. <Jun. 22, 2015> |
| Article 47-2 (Reporting on and Management of Performance) |
| (1) | Transport service providers (excluding individual transport service providers), freight forwarders, and trucking franchisors shall manage performance in transportation or agency services for transportation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and shall submit a report thereon to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jun. 22, 2015; Jan. 19, 2016; Apr. 17, 2018> |
| (2) | Transport service providers responsible for direct transportation under Article 11-2 (1) shall transport cargo above the level prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the details of the level shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jun. 22, 2015> |
| (3) | The Minister of Land, Infrastructure and Transport may build and operate a system to manage performance in cargo transport (hereinafter referred to as "system to manage performance in cargo transport") to systematically manage information on cargo transport, including the performance in transportation or agency services for transportation under paragraph (1). <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may entrust the operation of the system to manage performance in cargo transport to a person determined by Ordinance of the Ministry of Land, Infrastructure and Transport, with the reimbursement of associated expenses. <Amended on Mar. 23, 2013> |
| (5) | Matters regarding the methods, etc. of operating and utilizing the system to manage performance in cargo transport shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 47-3 Deleted. <Jun. 22, 2015> |
| Article 47-4 (Security Countermeasures for System to Manage Performance in Cargo Transport) |
A manager of a system to manage performance in cargo transport shall establish technical, physical, and administrative security countermeasures to prepare for illegal approach, changes, damage, destruction, hacking, leaking, etc. of input information by the third party on the system to manage performance in cargo transport.
[This Article Newly Inserted on Dec. 29, 2015]
| Article 47-5 (Confidentiality of Materials to Manage Performance in Cargo Transport) |
No person falling under or having fallen under any of the following shall provide or divulge the materials to manage performance in cargo transport which he or she has acquired in relation to his or her duties to others; or use those for other than its purpose:
| 1. | Public officials belonging to the Ministry of Land, Infrastructure and Transport; |
| 2. | Public officials belonging to local governments; |
| 3. | Any person entrusted with operation related to management of performance in cargo transport under Article 64. |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 47-6 (Evaluation of Cargo Transport Services) |
| (1) | The Minister of Land, Infrastructure and Transport may evaluate cargo transport services which transport business operators provide for promotion of cargo transport services and protection of users' rights and interests. |
| (2) | The criteria for evaluating cargo transport services under paragraph (1) shall be as follows: |
| 1. | Users’ satisfaction with cargo transport services; |
| 2. | Swiftness and accuracy of cargo transport services; |
| 3. | Safety of cargo transport services; |
| 4. | Other matters which conform to subparagraphs 1 through 3, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The evaluation on cargo transport services under paragraph (1) shall include survey on users; and matters regarding detailed evaluation methods and procedures shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Having evaluated cargo transport services under paragraph (1), the Minister of Land, Infrastructure and Transport shall announce the details such as evaluation results specific to evaluation item, and service quality, as prescribed by Presidential Decree. |
| (5) | Where the Minister of Land, Infrastructure and Transport evaluates cargo transport services, he or she may request transport business operators to submit the relevant materials or opinions or may conduct an on-site investigation for the services. |
| (6) | A transport business operator requested to submit materials or opinions under paragraph (5) shall comply, except in extenuating circumstances. |
[This Article Newly Inserted on Dec. 29, 2015]
CHAPTER VII TRADE ASSOCIATIONS
| Article 48 (Establishment of Associations) |
| (1) | Transport business operators that engage in the same type of trucking transport service, freight forwarding business, or franchise trucking business, or those domiciled in the Special Metropolitan City or the same Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") may establish an association, subject to authorization by the Minister of Land, Infrastructure and Transport so as to promote the sound development of trucking transport business and pursue common interests of transport business operators. <Amended on Jun. 1, 2012; Mar. 23, 2013; Mar. 18, 2014> |
| (2) | Each association shall be a corporation. |
| (3) | An association is duly formed when it completes registration of its establishment, at the registry office having jurisdiction over its principal place of business. |
| (4) | In order for an association to be established, at least 1/5 of the persons qualified for membership in the association shall participate in its formation as promoters to prepare and adopt the articles of incorporation at its inaugural general meeting with consent from at least 1/3 of those qualified for membership, and shall file an application for authorization with the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (5) | Transport business operators may be admitted to an association in accordance with its articles of incorporation. |
| (6) | Qualification for membership, the prescribed number of executive officers and methods for electing them, and other matters necessary for the operation of associations shall be prescribed by articles of incorporation. |
| (7) | An amendment to articles of incorporation shall be subject to authorization by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (8) | Matters regarding the mandatory provisions of articles of incorporation and supervision over associations shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (9) | The provisions governing incorporated associations in the Civil Act shall apply mutatis mutandis to the associations, except as provided for in this Act. |
| Article 49 (Business Activities of Associations) |
An association shall conduct the following business activities:
| 1. | Projects for promoting the sound development of trucking transport business and pursuing common interests of transport business operators; |
| 2. | Activities for the preparation and management of statistics necessary for the promotion and development of trucking transport business and the collection, survey, and research of data of foreign countries; |
| 3. | Education and training of managers and trucking employees; |
| 4. | Guidance for the improvement of management of trucking transport business; |
| 5. | Matters specified by this Act as business affairs of an association; |
| 6. | Business affairs entrusted by the State or a local government; |
| 7. | Business affairs incidental to the business activities under subparagraphs 1 through 5. |
| (1) | Associations formed by transport service providers, associations formed by freight forwarders, and associations formed by trucking franchisors may establish a federation, respectively, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the objectives of achieving their common goals. In such cases, associations formed by transport service providers, associations formed by freight forwarders, and associations formed by trucking franchisors, shall become members of the respective federations. <Amended on Mar. 23, 2013> |
| (2) | Articles 48 and 49 shall apply mutatis mutandis to the establishment and business activities of the federations. |
| Article 51 (Mutual Aid Services) |
| (1) | A federation of associations established by transport business operators may engage in the business of underwriting the liability of transport business operators for damage caused by motor vehicle accidents and the business of providing a mutual aid service for cargo liability, subject to permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | With respect to the mutual aid service under paragraph (1), the contributions, operating committee, coverage, mutual aid regulations, reports and inspections, improvement orders, disciplinary action against executive officers and employees of the federation in charge of the management and operation of the mutual aid service, the maintenance of financial soundness, etc. shall be governed by Articles 51-2 (5) and 51-4 through 51-10 which are applicable mutatis mutandis. <Amended on Jun. 15, 2011> |
| (3) | Deleted. <Jun. 15, 2011> |
| (4) | Deleted. <Jun. 15, 2011> |
| (5) | Deleted. <Jun. 15, 2011> |
| Article 51-2 (Establishment of Mutual Aid Associations) |
| (1) | Transport business operators may establish mutual aid associations (hereinafter referred to as "mutual aid associations") with authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, to assist the members of the mutual aid associations in conducting independent commercial activities through mutual cooperation and engage in the business of insuring the liability of their members for damage caused by motor vehicle accidents and the business of providing a liability mutual aid service for cargo liability. <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| (2) | A mutual aid association shall be a corporation. |
| (3) | A mutual aid association shall come into existence by effecting the registration of its incorporation, at the location of its principal office. |
| (4) | Transport business operators are eligible to join a mutual aid association as provided in its articles of incorporation. |
| (5) | Mutual aid association members shall pay their share of the contributions necessary for the liability mutual aid service. |
| (6) | Matters regarding membership qualifications and executive officers, and other necessary matters regarding the operation of mutual aid associations shall be determined by the articles of the mutual aid associations. |
| (7) | Matters to be included in the articles of incorporation and other necessary matters regarding the supervision over mutual aid associations shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-3 (Authorization Procedures for Incorporation of Mutual Aid Associations) |
| (1) | The incorporation of a mutual aid association shall be subject to the promotion of at least 1/10 of the persons eligible for its membership and authorization from the Minister of Land, Infrastructure and Transport after its articles of incorporation are prepared at the inaugural general meeting with consent from at least 200 persons eligible for its membership. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport has granted authorization under paragraph (1), he or she shall publicly announce such fact. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-4 (Operating Committees of Mutual Aid Associations) |
| (1) | Each mutual aid association shall have an operating committee to deliberate on and decide the mutual aid service under Article 51-6 and supervise its business. |
| (2) | An operating committee shall be composed of not more than 25 members, who are members of the relevant mutual aid association, experts in the fields of transport services, finance, insurance, accounting, and law, related public officials, and other persons having an interest in trucking transport business: Provided, That the operating committee of a federation that engages in mutual aid services pursuant to Article 51 shall be comprised of not more than 37 persons, including all representatives from each City/Do association. <Amended on Jan. 14, 2014> |
| (3) | Matters regarding the organization and operation of operating committees, other than those provided for in this Act, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-5 (Grounds for Disqualification from Membership of Operating Committees) |
| (1) | Any of the following persons shall be disqualified as a member under Article 51-4 (2): <Amended on Jan. 14, 2014; Jun. 22, 2015> |
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person who was sentenced to the suspension of imprisonment without labor or heavier punishment for violating this Act or any finance-related Act and is still under suspension; |
| 4. | A person for whom three years have not passed yet since imprisonment without labor or heavier punishment, to which he or she was sentenced for violating this Act or any finance-related Act, was completely executed (including where execution thereof is deemed complete) or was remitted; |
| 5. | A person for whom three years have not passed yet since a fine or heavier punishment, to which he or she was sentenced in connection with the business of a mutual aid association under this Act, was completely executed (including where execution thereof is deemed complete) or was remitted; |
| 6. | A person against whom a request for a disciplinary action or dismissal from office is pending under Article 51-9 or for whom three years have not passed yet since he or she was punished by a disciplinary action or dismissal from office. |
| (2) | Where a member specified in Article 51-4 (2) falls under any subparagraph of paragraph (1), his or her membership shall be forfeited on the date such cause arises. |
| (3) | The Minister of Land, Infrastructure and Transport may make an inquiry about criminal records of the persons specified in paragraph (1) 3 through 5 to the Commissioner General of the National Police Agency and may provide such criminal records to a mutual aid association. <Newly Inserted Jan. 14, 2014> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-6 (Projects of Mutual Aid Associations) |
| (1) | Mutual aid associations shall conduct the following projects: |
| 1. | Mutual aid services to cover liability of its members for damage caused by vehicles for business purposes and the liability of its members for cargo damage; |
| 2. | Mutual aid services to cover damage caused to vehicles for business purposes by accidents that arise while its members possess, use, or manage such vehicles; |
| 3. | Mutual aid services to cover trucking employees' bodily injuries caused by accidents that arise while they possess, use, or manage its members' vehicles for business purposes; |
| 4. | Mutual aid services to cover losses incurred by its employees during the performance of their duties; |
| 5. | Mutual aid services to establish, operate, and manage joint-use facilities and to promote the convenience and welfare of its members; |
| 6. | Investigations and research projects to improve the management of trucking transport business; |
| 7. | Other projects incidental to those listed in subparagraphs 1 through 6, as provided for in its articles of incorporation. |
| (2) | Where a mutual aid association seeks to provide mutual aid services pursuant to paragraph (1) 1 through 4, it shall establish mutual aid regulations and obtain authorization from the Minister of Land, Infrastructure and Transport. The same shall also apply where it is intended to modify any authorized matter. <Amended on Mar. 23, 2013> |
| (3) | The mutual aid regulations under paragraph (2) shall include guidelines necessary to operate mutual aid services such as the scope of the Mutual aid services, the details of mutual aid contracts and contributions, mutual aid benefits, the liability reserve fund to cover mutual aid benefits, and the appropriation and accumulation of reserves. |
| (4) | Mutual aid associations shall, during each period of settlement, appropriate and accumulate the liability reserve fund and other reserves under paragraph (3) by each type of business. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-7 (Orders to Submit Reports) |
| (1) | The Minister of Land, Infrastructure and Transport may take the following measures against mutual aid associations, if deemed necessary: <Amended on Mar. 23, 2013> |
| 1. | Issuing an order to submit a report on compensation for traffic accident victims' injuries and losses; |
| 2. | Issuing an order to submit a report on mutual aid services including the management of mutual aid funds; |
| 3. | Instructing public officials under his or her control to inspect the business or accounting of mutual aid associations; |
| 4. | Instructing public officials under his or her control to inspect the account books or other documents of mutual aid associations. |
| (2) | In conducting an inspection under paragraph (1), a notice indicating the details and date of and reasons for such inspection shall be given to the relevant mutual aid association not later than seven days before the inspection: Provided, That the same shall not apply to emergencies or where it is deemed that advance notice would lead to the destruction of evidence or otherwise defeat the purpose of the inspection. |
| (3) | Public officials conducting investigations or inspections under paragraph (1) shall carry identification indicating their authority and show it to interested persons, and those who visit a place of business shall present a document stating their names, the time and purpose of their visit, etc. to interested persons. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-8 (Orders to Improve Mutual Aid Associations' Business) |
If deemed that a mutual aid association is likely to impair the rights and interests of traffic accident victims and its members due to improper business operations or poor asset management, the Minister of Land, Infrastructure and Transport may impose the following measures: <Amended on Mar. 23, 2013>
| 1. | Changing the way it conducts business; |
| 2. | Changing an institution in which it has deposited its assets; |
| 3. | Changing the book value of assets; |
| 4. | Holding reserves for unsound assets; |
| 5. | Writing off assets deemed valueless. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-9 (Disciplinary Actions against Executive Officers and Employees of Mutual Aid Associations) |
Where an executive officer or employee of a mutual aid association is deemed unlikely to operate mutual aid service thereof soundly due to falling under any of the following, the Minister of Land, Infrastructure and Transport may request the mutual aid association to dismiss or otherwise take a disciplinary action against such executive officer or employee or may issue a corrective order: <Amended on Mar. 23, 2013>
| 1. | Where he or she conducts his or her business in violation of the mutual aid regulations under Article 51-6 (2); |
| 2. | Where he or she fails to comply with an order for improvement under Article 51-8; |
| 3. | Where he or she fails to follow the guidelines for financial soundness under Article 51-10. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-10 (Maintenance of Financial Soundness) |
| (1) | Mutual aid associations shall follow the guidelines for financial soundness prescribed by Presidential Decree regarding the following matters so as to ensure its capacity to cover mutual aid benefits and the soundness of its management: |
| 1. | Matters relating to capital adequacy; |
| 2. | Matters relating to the soundness of assets; |
| 3. | Matters relating to ensuring liquidity. |
| (2) | If deemed that a mutual aid association is likely to impair the soundness of its management for failure to follow the guidelines under paragraph (1), the Minister of Land, Infrastructure and Transport may direct the mutual aid association to increase its capital or may take measures against the mutual aid association to restrict the holding of stocks or other high-risk assets, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 51-11 (Relationship to Other Statutes) |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 52 (Request for Mediation of Disputes) |
Either party to a dispute over a mutual aid agreement or the payment of mutual aid proceeds or any other dispute arising in connection with a mutual aid scheme under Article 51 may file a request for mediation with the Mutual Aid Dispute Mediation Committee under Article 70 of the Passenger Transport Service Act. <Amended on Mar. 21, 2008>
| Article 53 Deleted. <Jun. 15, 2011> |
| (1) | The Minister of Land, Infrastructure and Transport shall guide and supervise associations and federations. <Amended on Mar. 23, 2013> |
| (2) | If the Minister of Land, Infrastructure and Transport deems it necessary, he or she may order an association or federation to submit a report on its business affairs (limited to the business affairs of an association or federation under Article 49 or 50; hereafter in this Article the same shall apply) or to take other necessary measures or may authorize his or her subordinate public officials to investigate the present condition of its business or accounting or to inspect books of account and other documents. <Amended on Mar. 23, 2013; Mar. 18, 2014> |
| (3) | Public officials who conduct investigations or inspections pursuant to paragraph (2) shall carry identification indicating their authority and show it to interested persons. |
CHAPTER VIII OPERATION OF PRIVATE-USE TRUCKS
| Article 55 (Reports on Operation of Private-Use Trucks) |
| (1) | A person who intends to operate a truck specified by Presidential Decree which is not a truck for any trucking transport service or franchise trucking business, but only for private use (hereinafter referred to as "private-use truck") shall file a report on the matters specified by Ordinance of the Ministry of Land, Infrastructure and Transport with the competent Mayor/Do Governor. The same shall apply to any modification to any reported matter. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (2) | A Mayor/Do Governor shall notify a reporting person of whether to accept a report within ten days from the date a report or a report on modification under paragraph (1) is filed. <Newly Inserted on Mar. 21, 2017> |
| (3) | If a Mayor/Do Governor fails to notify a reporting person of whether to accept a report or whether to extend the processing period under the statutes or regulations relating to the processing of civil petitions within the period specified in paragraph (2), the report shall be deemed accepted on the day immediately following the end of the period. <Newly Inserted on Mar. 21, 2017> |
| Article 56 (Prohibition on Transportation for Consideration) |
No owner or user of a private-use truck may provide or lease it for transportation of cargo for consideration (including expenses required for operating the vehicle): Provided, That such truck may be provided or leased for transportation of cargo, subject to permission from the competent Mayor/Do Governor, where it falls under any of the grounds specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
| Article 56-2 (Restrictions or Prohibition on Use of Private-Use Trucks) |
| (1) | A Mayor/Do Governor may restrict or prohibit the use of a private-use truck for a period not exceeding six months if its owner or user falls under any of the following: |
| 1. | Where he or she runs a trucking transport service using such private-use truck; |
| 2. | Where he or she provides or leases such private-use truck commercially for transport purposes without obtaining permission under the proviso to Article 56. |
| (2) | If a Mayor/Do Governor prohibits the use of a private-use truck pursuant to paragraph (1), Article 20 shall apply mutatis mutandis. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 57 (Conditions for Replenishment of Trucks) |
| (1) | The age of trucks replenished for the registration of a new trucking transport service or franchise trucking business, or the expansion of a fleet of trucks, or replacement for a retired vehicle (referring to replacement of a vehicle with another vehicle at the expiration of the former vehicle's useful life) shall not exceed the age specified by Presidential Decree within three years: Provided, That different conditions for replenishing vehicles may be attached to the vehicles specified by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jun. 15, 2011; Mar. 23, 2013> |
| (2) | Matters regarding the vehicles to be replaced under paragraph (1) and the deadline, procedures, methods, etc. for such replacement shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jun. 15, 2011; Mar. 23, 2013> |
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 58 (Prohibition on Seizure) |
No vehicle conveyed to a transport service provider under a contract made under Article 40 (3) for investment in kind, money paid, and goods delivered under Article 43 (2), nor any right to claim the payment of such money and the delivery of such goods, shall be subject to seizure: Provided, That the foregoing shall not apply where a vehicle is seized on the ground of the failure to pay a tax, fine, or administrative fine levied on a vehicle conveyed for investment in kind. <Amended on May 28, 2014>
| Article 59 (Education of Trucking Employees) |
| (1) | Persons working as truck drivers shall undergo training provided by the competent Mayor/Do Governor on the following matters at least annually, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Aug. 14, 2018> |
| 1. | Statutes or regulations relating to trucking transport business and road traffic; |
| 2. | Matters regarding traffic safety; |
| 3. | Matters necessary for performing duties relating to trucking transport; |
| 4. | Other matters necessary for improving trucking transport services. |
| (2) | If necessary for efficiently conducting training courses under paragraph (1), a Mayor/Do Governor may establish and operate a training institute for trucking employees, or may designate an institute for such purpose, as prescribed by ordinance of the competent City/Do, and may also subsidize expenses incurred in operating the training institute for trucking employees. |
| (3) | A training institute for trucking employees under paragraph (2) shall submit to the competent Mayor/Do Governor the status of trucking employees who completed training under paragraph (1), and the Mayor/Do Governor shall compile the report and submit it to the Minister of Land, Infrastructure and Transport each year. <Newly Inserted on Apr. 7, 2020> |
| (4) | Necessary matters regarding the timing and methods of submitting training status under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Apr. 7, 2020> |
| Article 60 (Guidance for and Supervision over Trucking Transport Business) |
The Minister of Land, Infrastructure and Transport shall provide guidance for and supervision over the administrative affairs specified as those under the control of the competent Mayor/Do Governor, as prescribed by this Act, to promote the rational development of trucking transport business. <Amended on Mar. 23, 2013>
| Article 60-2 (Payment of Monetary Rewards for Reporting) |
| (1) | A Mayor/Do Governor may pay a monetary reward to any person who has reported or made an accusation against any of the following persons with the Mayor/Do Governor or an investigative agency, as prescribed by Presidential Decree: <Amended on Jan. 19, 2016; Mar. 20, 2018> |
| 1. | A person who has provided or leased a private-use truck commercially for transport purposes, in violation of Article 56; |
| 1-2. | A transport service provider or truck driver who has offered to or accepted from a motor vehicle management business operator any bribe in connection with a vehicle malfunctioning or involved in an accident, in violation of Article 11 (4) or 12 (1) 4; |
| 3. | A person who has been granted a subsidy under Article 43 (2) by fraud or other wrongful means; |
| 4. | A person who has operated a trucking transport service without permission or permission for modification under Article 3 (1) or (3) or with such permission or permission for modification obtained by fraud or other wrongful means. |
| (2) | Funds required to pay the monetary rewards under paragraph (1) shall be provided by the relevant City/Do or Si/Gun/Gu from its own financial resources. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 61 (Reporting and Inspections) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may require a transport business operator or the owner or user of a truck to submit a report on his or her business or freight rates or the ownership or use of the truck, or to submit relevant documents, and if deemed necessary, he or she may assign public officials under his or her jurisdiction to enter a transport business operator's place of business to inspect books of account, documents, and other things or inquire regarding interested persons: <Amended on Mar. 23, 2013; Mar. 21, 2017; Apr. 17, 2018> |
| 1. | Where necessary to ensure he or she meets the prerequisites for permission under Article 3 (7), 24 (6), or 29 (3); |
| 2. | Where necessary to investigate an act causing disturbance to orderly transportation of cargo; |
| 3. | Where necessary to ascertain an offense committed by the transport business operator and to make an administrative disposition accordingly against the transport business operator, such as revocation of the relevant permission. |
| (2) | Public officials who have access to a place of business or conduct inspections pursuant to paragraph (1) shall carry identification indicating their authority and show it to interested persons; and shall deliver to the relevant people, a document stating their names, the agency to which they belong, the purpose, date and time of access, and other relevant matters or make an entry in the relevant record book, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| Article 62 (Request for Submission of Data) |
| (1) | The Minister of Land, Infrastructure and Transport may request the Commissioner General of the National Police Agency to furnish data required for confirming the qualification of an applicant for a qualifications examination under Article 8 (1) 3 and the qualification of a participant in theoretical and practical training and education pursuant to subparagraph 4 of said paragraph, and the revocation or suspension of qualifications as truck drivers under Article 23 so as to efficiently conduct the management of the qualifications as truck drivers. <Amended on Jun. 1, 2012; Mar. 23, 2013> |
| (2) | In order to ensure efficient management of the payment of subsidies under Article 43 (2), the Minister of Land, Infrastructure and Transport and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (including the head of a Gun within a Metropolitan City) may request State agencies, local governments, public institutions under the Act on the Management of Public Institutions, mutual aid associations under this Act, insurance companies and institutions computing premium rates under the Insurance Business Act, other relevant institutions, etc. to provide data specified by Presidential Decree. <Newly Inserted on Aug. 14, 2018> |
| (3) | Upon being requested to provide data pursuant to paragraph (1) or (2), a person shall comply with such request, except in exceptional circumstances. <Newly Inserted on Aug. 14, 2018> |
| Article 62-2 (Obligation of Truck Owner-Operators to Cooperate) |
| (1) | If necessary for determining safe trucking costs, the Committee may request truck owner-operators, transport business operators, and shippers to submit materials or make oral statements, etc. In such cases, truck owner-operators and others shall comply with such request, except in exceptional circumstances. |
| (2) | Any person who inspected or reviewed materials, etc. submitted pursuant to paragraph (1) shall not divulge confidential information which becomes known to him or her in the course of performing his or her duties. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 63 (Delegation of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of the authority conferred upon him or her by this Act to a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | A Mayor/Do Governor may partially re-delegate the authority delegated to him or her by the Minister of Land, Infrastructure and Transport pursuant to paragraph (1) to the head of a Si/Gun/Gu, subject to approval by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | A Mayor/Do Governor may partially delegate the authority conferred upon him or her by this Act to the head of a Si/Gun/Gu, as prescribed by ordinance of the competent City/Do. |
| Article 64 (Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may entrust an association, a federation, the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, or a specialized institution specified by Presidential Decree with part of the authority conferred upon him or her by this Act, as prescribed by Presidential Decree or ordinance of the competent City/Do. In such cases, a Mayor/Do Governor who intends to entrust business affairs under his or her jurisdiction shall obtain prior approval from the Minister of Land, Infrastructure and Transport. <Amended on Sep. 16, 2011; Mar. 23, 2013; Oct. 24, 2017; Apr. 17, 2018> |
| (2) | Executive officers and employees of an association, federation, the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, or of a specialized institution that conducts business affairs entrusted pursuant to paragraph (1) shall be deemed public officials for the purpose of penalty provisions relevant to Articles 129 through 132 of the Criminal Act. <Amended on Sep. 16, 2011; Oct. 24, 2017; Apr. 17, 2018> |
| (1) | A person who files an application for permission, authorization, etc. or a report in accordance with this Act shall pay fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and ordinance of the competent local government: Provided, That, where the authority for a certain affair has been entrusted pursuant to Article 64 (1), fees shall be paid to the entrusted institution at the rates determined by the relevant entrusted institution. <Amended on Mar. 23, 2013> |
| (2) | Fee rates under the proviso to paragraph (1) shall be determined autonomously by entrusted institutions by types of entrusted business affairs in accordance with the guidelines determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jun. 15, 2011; Mar. 23, 2013> |
| Article 65-2 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall take measures for improvement, etc. after reviewing the appropriateness of the following matters every third year based on January 1, 2014 (referring to a date before every third anniversary of the base date): <Amended on Mar. 21, 2017; Aug. 14, 2018>
| 1. | Permission, permission for modification, and guidelines for trucking transport service under Article 3 (1), (3), and (7); |
| 2. | Qualifications for truck drivers of trucking transport business under Article 8; |
| 3. | Restrictions on working as a truck driver for trucking transport business under Article 9-2 (1); |
| 4. | Improvement orders on transport service providers under Article 13 (including where it applies mutatis mutandis to freight forwarders under Article 28); |
| 5. | Permission for freight forwarder business and prerequisites therefor under Article 24 (1) through (6); |
| 6. | Permission and permission for modification for franchise trucking business and prerequisites therefor under Article 29 (1) through (3); |
| 7. | Improvement orders on trucking franchisors under Article 31; |
| 8. | Conditions for replenishments of trucks under Article 57. |
[This Article Newly Inserted on Jan. 6, 2015]
CHAPTER X PENALTY PROVISIONS.
| Article 66 (Penalty Provisions) |
Any person who has violated Article 14 (4) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on May 22, 2013; Nov. 28, 2017>
| Article 67 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on May. 28, 2014; Jun. 22, 2015; Dec. 29, 2015; Mar. 21, 2017; Apr. 17, 2018>
| 1. | Any person who runs a trucking transport service without permission under Article 3 (1) or (3) or with permission obtained by fraud or other wrongful means; |
| 1-2. | Any person who offers or accepts a bribe, in violation of Article 5-5 (4); |
| 2. | A transport service provider who offers to or accepts from a motor vehicle management business operator any bribe, in violation of Article 11 (4) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33); |
| 3. | A trucking employee who offers to or accepts from a motor vehicle management business operator any bribe, in violation of Article 12 (1) 4 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33); |
| 3-2. | A person who fails to comply with an order for improvement under subparagraph 5 or 7 of Article 13; |
| 3-3. | A person who transfers his or her business, in violation of Article 16 (9); |
| 4. | A person who operates freight forwarding business without permission under Article 24 (1) or with permission obtained by fraud or other wrongful means; |
| 5. | A person who breaches the duty to prevent any third person from using his or her name under Article 25 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33); |
| 6. | A person who operates franchise trucking business without permission under Article 29 (1) or (2) or with permission obtained by fraud or other wrongful means; |
| 6-2. | A person who changes or deletes information of the system to manage performance in cargo transport under Article 47-4, or makes it unusable by other means, or who searches or copies the information without authority or uses it by other means; |
| 6-3. | A person who provides or divulges the materials to manage performance in cargo transport acquired related to his or her duties to others, in violation of Article 47-5, or who uses it for other than its intended purpose; |
| 7. | A person who provides or leases a truck for private use to any third person, in return for a charge, for the transportation of cargoes, in violation of Article 56. |
[Subparagraph 1-2 of this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 68 (Penalty Provisions) |
Any person who receives a subsidy for fuel expenses, granted for trucks under Article 43 (2), by fraud or other wrongful means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. [This Article Newly Inserted on Aug. 14, 2018]
| Article 69 (Joint Penalty Provisions) |
| (1) | If the representative, an agent, or employee of, or a person employed by a legal entity commits an offense under Article 67 in the course of the business of the legal entity, not only shall such offender be punished accordingly, but the legal entity shall also be punished by the fine prescribed in the relevant Article: Provided, That the same shall not be applicable if the legal entity has exercised reasonable care in supervision over relevant business affairs to prevent such offense. |
| (2) | If an agent, or employee of or a person employed by a private individual commits any offense under Article 67 in the course of the business of the private individual, not only shall such offender be punished accordingly, but the private individual shall also be punished by the fine prescribed in the relevant Article: Provided, That the same shall not be applicable if the private individual has exercised reasonable care in supervision over relevant business affairs to prevent such offense. |
| Article 70 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Newly Inserted on Jun. 15, 2011; Apr. 17, 2018> |
| 1. | Any person who paid a freight rate lower than the relevant safe entrusted trucking freight rate publicly announced by the Minister of Land, Infrastructure and Transport, in violation of Article 5-5 (1) or (2); |
| 2. | Any person who fails to comply with an improvement order under Article 51-8 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 51 (2)); |
| 3. | Any person who fails to comply with a request for disciplinary action against or dismissal of an executive officer or employee or with a corrective order under Article 51-9 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 51 (2)). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun. 15, 2011; Sep. 16, 2011; May 22, 2013; Mar. 18, 2014; Jun. 22, 2015; Dec. 29, 2015; Apr. 14, 2018; Aug. 14, 2018> |
| 1. | Any person who fails to file a report on modification to permitted matters in accordance with the proviso to Article 3 (3); |
| 2. | Any person who fails to file a report on freight rates and charges in accordance with Article 5 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33); |
| 3. | Any person who fails to file a report on a standard-form contract in accordance with Article 6 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33); |
| 3-2. | Any person who engages in trucking transport business as a truck driver without a truck driver’s qualification certificate; |
| 3-3. | Any person who becomes qualified as a truck driver by fraud or other wrongful means; |
| 4-2. | Any person who violates Article 10-2 (4) by failing to provide records or providing false records; |
| 5. | A transport service provider who breaches an obligation under Article 11 (excluding paragraphs (3) and (4) of said Article, but including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33); |
| 6. | Any trucking employee who breaches an obligation under Article 12 (excluding paragraph (1) 4 of said Article, but including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33); |
| 7. | Any person who fails to comply with an order for improvement under Article 13 (excluding orders for improvement under subparagraph 5 or 7 of said Article, but including cases where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28); |
| 7-2. | Deleted; <Jun. 22, 2015> |
| 7-3. | Deleted; <Jun. 22, 2015> |
| 8. | Any person who fails to file a report on transfer, acquisition, merger, or inheritance in accordance with Article 16 (1) or (2), or 17 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33); |
| 9. | Any person who fails to file a report on temporary or permanent closure of business in accordance with Article 18 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33); |
| 10. | Any person who fails to return a motor vehicle registration certificate or motor vehicle number plate in violation of Article 20 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33); |
| 11. | Any person who fails to file a report on modification to permitted matters in accordance with Article 24 (2); |
| 12. | Any freight forwarder who breaches an obligation under Article 26 (1), (2), (4), or (6); |
| 12-2. | Any international logistics mediation business operator who breaches the freight forwarders' obligations under Article 26-2; |
| 13. | Any person who fails to file a report on modification to permitted matters in accordance with the proviso to Article 29 (2); |
| 14. | Any person who fails to comply with an improvement order under Article 31; |
| 15. | Any person who fails to purchase cargo indemnity insurance, etc. under Article 35; |
| 16. | Any insurance company, etc. that rejects a request to enter into a liability insurance policy, etc. in violation of Article 36; |
| 17. | Any mandatory insurance policyholder or insurance company, etc. that cancels or terminates a liability insurance policy, etc. in violation of Article 37; |
| 18. | Any insurance company, etc. that fails to notify relevant facts, in violation of Article 38 (1) or (2); |
| 18-2. | Any transport service provider who fails to provide a written contract signed and sealed in accordance with Article 40 (4); |
| 18-3. | Any transport service provider who demands a bribe in return for an entrustment contract in violation of Article 40-3 (4); |
| 19. | Any person who receives a subsidy or loan in violation of Article 44 (1) or who spends such subsidy or loan for any purpose other than the originally intended purpose; |
| 20. | Deleted; <Jun. 22, 2015> |
| 21. | Deleted; <Jun. 22, 2015> |
| 21-2. | Any person who rejects a request to submit materials for evaluation of cargo transport services under Article 47-6 or actual investigation, or submits false materials; |
| 22. | Any person who fails to comply with an order to take measures in accordance with Article 54 (2) or who refuses, interferes with, or evades an examination or inspection; |
| 23. | Any person who fails to file a report on operating a private-use truck in accordance with Article 55; |
| 23-2. | Any person who breaches an order to restrict or prohibit the use of a private-use truck under Article 56-2; |
| 23-3. | Any person who fails to undergo a training course under Article 59 (1); |
| 24. | Any person who fails to files a report under Article 61 (1) or who files a false report; |
| 25. | Any person who fails to submit documents in accordance with Article 61 (1) or who submits a false document; |
| 26. | Any person who refuses, interferes with, or evades an inspection under Article 61 (1); |
| 27. | Any person who rejects a request for submitting materials or making oral statements for determining safe trucking costs under Article 62-2 or who submits false materials or makes a misrepresentation. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jun. 15, 2011; Mar. 23, 2013> |
| (4) | Deleted. <Jun. 15, 2011> |
| (5) | Deleted. <Jun. 15, 2011> |
[Subparagraph 1 of this Article is valid until December 31, 2022 pursuant to Article 2 of the Addenda to Act No. 15602 (Apr. 17, 2018)]
| Article 71 (Special Cases concerning Application of Provisions on Administrative Fines) |
In applying the provisions on administrative fines prescribed in Article 70, no administrative fine shall be imposed upon a person on the ground of an act for which permission or qualification is revoked, business operations or qualification is suspended, or an order is issued to reduce the number of trucks under Article 19 (1), 23 (1), 27 (1), or 32 (1) or for which a penalty surcharge has been imposed under Article 21 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33). <Amended on Mar. 18, 2014>
ADDENDA <Act No. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of Article 5 shall be effective until December 31, 2009. Article 3 (General Transitional Measures concerning Dispositions)
Actions taken by or in relation to an administrative agency pursuant to any previous provision as at the time this Act enters into force shall be deemed actions taken by or in relation to an administrative agency pursuant to the corresponding provisions of this Act.
Article 4 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying penalty provisions or provisions on administrative fines, offences committed before this Act enters into force shall be governed by the previous provisions.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes or Regulations)
A citation of the previous Trucking Transport Business Act or of any provision thereof by any other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of this Act or of the corresponding provisions hereof in lieu of the previous provisions, if such corresponding provision exists herein.
ADDENDA <Act No. 8980, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 14, 2008.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10804, Jun. 15, 2011>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation. |
| (2) | The amended provisions of Article 56-2 shall enter into force one year after the date of its promulgation; the amended provisions of Articles 11 (7), 11-2, 11-3 and 47-2 on January 1, 2013; and the amended provisions of Articles 19 (1) 7-2, 7-3, 12-2 and 12-3, 27 (1) 7-2 and 8-2, 32 (1) 9-2 and 13-2 on January 1, 2015. |
Article 2 (Effective Period)
The amended provisions of Article 5-2 shall be effective until December 31, 2012. Article 3 (Applicability)
The amended provisions of Articles 44-2 (1) and 56-2 (1) shall apply to transport service providers, etc. and the owners and users of private-use trucks who do any act falling under any subparagraph of Articles 44-2 (1) and 56-2 (1) on or after the date this Act enters into force. Article 4 (Transitional Measures concerning Plans for Expansion of Truck Stops)
Any plan for expansion of truck stops established by the Minister of Land, Transport and Maritime Affairs and in operation before this Act enters into force shall be deemed established in accordance with the amended provisions of Article 46-2. Article 5 Omitted.
ADDENDA <Act No. 11064, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on December 16, 2011.
Article 2 (Special Cases concerning Permission for Trucking Transport Services)
Notwithstanding the provisions of Article 3 (5) 1, if a person entrusted with a trucking transport service based on a title trust agreement on trucks, intends to continue the trucking transport service using the relevant trucks after canceling such title trust agreement and contract for entrustment, as of January 20, 2004, in accordance with Article 3 (2) of the Addenda to the Trucking Transport Business Act (Act No. 7100), he or she may file an application for permission with the Minister of Land, Transport and Maritime Affairs, who in turn may grant such permission to the applicant. Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In application of penalty provisions and administrative fines against any offenses committed before this Act enters into force, the previous provisions shall prevail.
ADDENDA <Act No. 11481, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 9 of Article 2, Articles 43 (2), 44 (2) and (3), 44-2 (1) and (2), and 48 (1) shall enter into force on July 1, 2012. Article 2 (Applicability to Grounds for Disqualification as Truck Drivers)
The amended provisions of subparagraph 3 of Article 9 shall begin to apply to the first person who applies for the qualification for a truck driver after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11804, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Article 3 Omitted.
ADDENDUM <Act No. 11933, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12258, Jan. 14, 2014>
This Act shall enter into on the date of its promulgation.
ADDENDA <Act No. 12475, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification from Working as Truck Drivers)
The amended provisions of subparagraph 2 of Article 9 shall apply to persons whose qualification for working as a truck driver revoked under the amended provisions of subparagraph 9 of Article 23 after this Act enters into force. Article 3 (Applicability to Permission for Trucking Transport Service and Revocation of Qualifications as Truck Drivers)
The amended provisions of Article 19 (1) 13 or 23 (1) 9 shall apply where a sentence of imprisonment without labor or heavier punishment imposed upon a person for filing a fraudulent or wrongful insurance claim in connection with a traffic accident that occurs after this Act enters into force becomes final and conclusive. Article 4 (Applicability to Petitions for Adjudication)
The amended provisions of Article 46 (3) or 46-5 (3) shall apply where a Mayor/Do Governor, the head of a Si/Gun/Gu, or a project operator files a petition for adjudication after this Act enters into force. Article 5 (Applicability to Implementation of Projects for Construction of Truck Stops)
The amended provisions of Article 46-3 (8) shall apply where an application for approval of a construction plan or a modification to a construction plan is filed with the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor after this Act enters into force. Article 6 (Applicability to Special Cases concerning Administrative Fines)
The amended provisions of Article 71 shall begin to apply where permission or qualification is first revoked, business operations or qualification is first suspended, or the first order is issued to reduce the number of trucks under the amended provisions of Article 19 (1), 23 (1), 27 (1), or 32 (1) after this Act enters into force. Article 7 (Transitional Measures concerning Establishment of Business Offices)
The business offices established by a transport service provider, freight forwarder, or a trucking business franchisor with permission from the Minister of Land, Infrastructure and Transport before this Act enters into force shall be deemed business offices established with permission under the amended provisions of Article 3 (8), 24 (6), or 29 (5). Article 8 (Transitional Measures concerning Guidelines for Administrative Dispositions)
Notwithstanding the amended provisions of Articles 19 (1) 11 and 32 (1) 12, the previous provisions shall apply to administrative dispositions against violations committed before this Act enters into force.
ADDENDA <Act No. 12707, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Entrustment Contracts Transferred or Acquired for Trucking Transport Services)
The amended provisions of Article 16 (6) shall begin to apply to the first report under Article 16 (1) or (2) filed after this Act enters into force. Article 3 (Applicability to Use of Standard Form Entrustment Contract and Term of Entrustment Contracts)
The amended provisions of Article 40 (4) and (5) shall begin to apply to the first entrustment contract concluded or renewed after this Act enters into force. Article 4 (Transitional Measures concerning Renewal or Termination of Entrustment Contracts)
The amended provisions of Article 40-2 (1) or 40-3 (1) shall begin to apply where the first relevant cause or event occurs after this Act enters into force.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12997, Jan. 6, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13374, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13382, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation: Provided, That the amended provisions of Articles 11, 11-3, 26, 26-2, 27, 28, 32, 33, 40-5, 43, 44-2, 46, 46-5, 47, and 70 (2) 20 and 21 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Incompetent Persons)
Notwithstanding the amended provisions of subparagraph 1 of Article 4 and Article 51-5 (1) 1, the previous provisions shall apply to a person for whom the declaration of an incompetent or quasi-incompetent person remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 13694, Dec. 29, 2015>
This Act shall enter into on the date of its promulgation: Provided, That the amended provisions of Articles 3 (7), 11 (18) and (19), 27 (1) 7, the former part of Article 28, Articles 47-6 and 70 (2) 21-2 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13812, Jan. 19, 2016>
This Act shall enter into on the date of its promulgation.
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That among the statutes amended under Article 6 of the Addenda, amendments to the statutes which were already promulgated but the enforcement date of which have yet to arrive shall enter into force on the respective enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14552, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification from Working as Truck Drivers)
| (1) | The amended provisions of subparagraphs 3 and 4 of Article 9 shall begin to apply to the persons who intends to obtain qualification for a truck driver after this Act enters into force. |
| (3) | The amended provisions of subparagraph 3 (b) of Article 9 shall begin to apply where a person is first sentenced to a fine or any heavier punishment for a violation of Article 43 of the Road Traffic Act or his or her driver's license is first revoked under Article 93 (1) 19 of said Act after this Act enters into force. |
| (4) | The amended provisions of subparagraph 3 (c) of Article 9 shall begin to apply where a person’s driver's license is first revoked under Article 93 (1) 10 of the Road Traffic Act for a traffic accident caused intentionally or negligently by him or her while operating a vehicle after this Act enters into force. |
ADDENDA <Act No. 14725, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reporting Modification to Permitted Matters for Trucking Transport Service Providers)
The amended provisions of Articles 3 (4) and (5), 5 (3) and (4), 6 (2) and (3), 16 (3) and (4), 17 (2) and (3), 24 (3) and (4), 29 (6) and (7), and 55 (2) and (3) shall apply where an application for permission or permission for modification or a report or a report on modification is filed after this Act enters into force. Article 3 Omitted.
ADDENDUM <Act No. 14873, Aug. 9, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month on January 1, 2018.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 15127, Nov. 28, 2017>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 15516, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on November 29, 2018: Provided, That the amended provisions of Article 3 (15), subparagraphs 5 and 6 of Article 4, and Article 60-2 (1) 4 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Relocation of Principal Places of Business of Transport Service Providers Subject to Business Suspension)
The amended provisions of Article 3 (15) shall begin to apply to transport service providers who become subject to business suspension after the aforesaid amended provisions enter into force. Article 3 (Applicability to Disqualification for Permission for Trucking Transport Service)
The amended provisions of subparagraph 6 of Article 4 shall begin to apply where permission is revoked for falling under Article 19 (1) 1 or 2 after the aforesaid amended provisions enter into force.
ADDENDA <Act No. 15602, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2019: Provided, That the amended provisions of Articles 5-5 through 5-7, subparagraph 1-2 of Article 67, and Article 70 (1) 1 shall enter into force on January 1, 2020. Article 2 (Effective Period)
Article 3 (Preparatory Actions for Enforcing This Act)
The Minister of Land, Infrastructure and Transport may take preparatory actions necessary for the composition and operation of the Committee on Safe Freight Rates for Trucks under the amended provisions of Article 5-2 and the establishment of a safe trucking freight rates reporting center under the amended provisions of Article 5-7 before this Act enters into force. Article 4 (Applicability to Grounds for Refusal to Renew Entrustment Contracts)
The amended provisions of Article 40-2 (1) 2 (b) shall begin to apply where an entrusted owner-operator fails to make monthly payments (referring to the sum of amounts payable in the relevant month if it was agreed to make at least two payments per month) that he or she is obligated to pay to a transport service provider under an entrustment contract. Article 5 (Transitional Measures concerning Penalty Provisions)
In applying penalty provisions and imposing administrative fines with regard to acts done before the effective period under Article 2 of the Addenda expires, the provisions enforceable as at the time such acts are done shall apply. Article 6 (Transitional Measures concerning Permission for Trucking Transport Service)
| (1) | Notwithstanding the amended provisions of Article 3 (1), a person who has obtained permission for a trucking transport service under the previous provisions shall be deemed to have obtained permission for the trucking transport service under this Act. |
| (2) | A transport service provider who owns at least two trucks as at the time this Act enters into force shall be deemed to have obtained permission for a general trucking transport service under the amended provisions of Article 3 (1) 1. |
| (3) | Transport service providers who own a truck defined in the Motor Vehicle Management Act with a maximum loading capacity of less than five tons and transport service providers who own a compact, small, or medium special motor vehicle defined in said Act, among transport service providers who own one truck as at the time this Act enters into force, shall be deemed to have obtained permission for an individual trucking transport service under the amended provisions of Article 3 (1) 2. |
| (4) | Transport service providers who own a truck defined in the Motor Vehicle Management Act with a maximum loading capacity of at least five tons and transport service providers who own a large special motor vehicle defined in said Act, among transport service providers who own one truck as at the time this Act enters into force, shall be deemed to have obtained permission for a general trucking transport service under the amended provisions of Article 3 (1) 1: Provided, That such transport service providers shall be deemed to have obtained permission for an individual trucking transport service under the amended provisions of Article 3 (1) 2 for the purpose of applying Articles 3 (11), 11 (13), 11-2, 19 (1) 7-4, 26 (1), and 47-2. |
| (5) | A transport service provider who owns a truck defined in the Motor Vehicle Management Act with a maximum loading capacity of at least five tons or a large special motor vehicle defined in said Act, among transport service providers who own one truck as at the time this Act enters into force, may file an application for permission for an individual trucking transport service under the amended provisions of Article 3 (1) 2 within five years from the enforcement date of this Act, and such transport service provider shall be deemed to have obtained permission for an individual trucking transport service under the amended provisions of Article 3 (1) 2 and shall be deemed to have obtained permission for an individual trucking transport service if the transport service provider owns one truck even after the lapse of five years from the enforcement date of this Act. |
Article 7 (Transitional Measures concerning Permission for Freight Forwarding Business)
Notwithstanding the amended provisions of Article 24 (5) and (6), a person who has obtained permission for freight forwarding business under the previous provisions before this Act enters into force shall be deemed to have obtained permission for the freight forwarding business under this Act. Article 8 (Transitional Measures concerning Permission for Franchise Trucking Business)
Notwithstanding the amended provisions of Article 29 (3), a person who has obtained permission for franchise trucking business under the previous provisions before this Act enters into force shall be deemed to have obtained permission for the franchise trucking business under this Act. Article 9 (Transitional Measures concerning Associations)
Notwithstanding the amended provisions of Articles 3 (1) and 24 (5), the previous provisions shall apply regarding the associations and federations of trucking transport business and of freight forwarding business the establishment of which was approved for each type of business under the previous provisions enforceable before this Act enters into force: Provided, That each of such associations and federations shall obtain approval from the Minister of Land, Infrastructure and Transport for each type of business, as changed under the amended provisions of Articles 3 (1) 2 and 24 (5), and shall register its establishment with the registry having jurisdiction over its principal place of business, within two years from the enforcement date of this Act.
ADDENDUM <Act No. 15743, Aug. 14, 2018>
This Act shall enter into force on November 29, 2018: Provided, That the amended provisions of Article 11 (22) and (24) of the Trucking Transport Business Act (Act No. 15516), Article 27 (1) 7 of the Trucking Transport Business Act (Act No. 15516), and Articles 28, 59 (1), 62 (2) and (3), and 70 (2) 23-3 of the Trucking Transport Business Act (Act No. 15516) shall enter into force on January 1, 2019; and the amended provisions of Articles 9-2 and 10-2 (1) and (3), Article 11 (23) of the Trucking Transport Business Act (Act No. 15516), and Articles 12 (1) 9, 23 (1), and 65-2 of the Trucking Transport Business Act (Act No. 15127) shall enter into force on July 1, 2019.
ADDENDA <Act No. 16133, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDUM <Act No. 17241, Apr. 7, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 59 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17464, Jun. 9, 2020>
This Act shall enter into force three months after the date of its promulgation.