TRAFFIC SAFETY ACT
Wholly Amended by Act No. 8121, Dec. 28, 2006
Amended by Act No. 8852, Feb. 29, 2008
Act No. 8980, Mar. 21, 2008
Act No. 9071, Mar. 28, 2008
Act No. 9635, Apr. 22, 2009
Act No. 9636, Apr. 22, 2009
Act No. 9772, jun. 9, 2009
Act No. 9866, Dec. 29, 2009
Act No. 10664, May 19, 2011
Act No. 10801, jun. 15, 2011
Act No. 11469, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 13426, Jul. 24, 2015
Act No. 13678, Dec. 29, 2015
Act No. 13788, Jan. 19, 2016
Act No. 14116, Mar. 29, 2016
Act No. 14538, Jan. 17, 2017
Act No. 14712, Mar. 21, 2017
Act No. 14940, Oct. 24, 2017
Act No. 15311, Dec. 26, 2017
Act No. 15530, Mar. 27, 2018
Act No. 15726, Aug. 14, 2018
Act No. 16629, Nov. 26, 2019
Act No. 17453, jun. 9, 2020
Act No. 17445, jun. 9, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the improvement of traffic safety by stipulating the State's or any local government's duties and promotion systems and policies concerning traffic safety, and by promoting them in a comprehensive and planned manner.
The terms used in this Act are defined as follows: <Amended on Apr. 22, 2009; Jun. 15, 2011; Mar. 29, 2016; Jan. 17, 2017; Mar. 27, 2018; Nov. 26, 2019; Jun. 9, 2020>
| 1. | The term "means of transportation" means any of the following forms of transportation, which is used to transport people or cargo: |
| (b) | All means of transportation used for navigation on and in the water (hereinafter referred to as "vessel"), such as ships prescribed in the Maritime Safety Act; |
| (c) | All means of transportation used for air traffic (hereinafter referred to as "aircraft"), such as aircraft prescribed in the Aviation Safety Act; |
| 2. | The term "traffic facilities" means facilities necessary for the operation, service or navigation of various means of transportation, such as roads, railroads, tracks, harbors, fishing ports, waterways, airports, and airfields, and their appurtenant facilities or structures that assist transportation of people or smooth and safe operation, service or navigation of means of transportation, such as traffic signaling systems, traffic control systems, sailing safety facilities; |
| 3. | The term "traffic systems" means systems to utilize, manage or operate individual or organically-connected means of transportation or traffic facilities for the purpose of performing activities related to transportation of people or cargo, and the industry and institutions related to such systems; |
| 4. | The term "transport business entity" means an entity that operates, sails, installs, or manages means of transportation, traffic facilities or traffic systems and that falls under any of the following: |
| (a) | An entity that engages in transport-related business using means of transportation (hereinafter referred to as "transportation manager"), such as passenger transport business entities, trucking transport business entities, railroad business entities, air transport business entities, and marine transportation business entities; |
| (b) | A person who installs, maintains or operates traffic facilities (hereinafter referred to as "traffic facility installer or maintainer"); |
| (c) | A person, other than a transportation manager and a traffic facility installer or maintainer, who performs for-profit or non-profit activities related to means of transportation, traffic facilities or traffic systems, such as business entities manufacturing means of transportation or institutions conducting traffic-related education, research or survey; |
| 5. | The term "designated administrative agency" means a central administrative agency under the Government Organization Act that is designated by Presidential Decree to direct or supervise the operation, service, installation or management of means of transportation, traffic facilities or traffic systems or to administer affairs concerning relevant statutes or systems; |
| 6. | The term "traffic administrative agency" means the head of a designated administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) who has direction or supervision over a transport business entity concerning the operation, service, installation or management of means of transportation, traffic facilities or traffic systems, in accordance with statutes; |
| 7. | The term "traffic accident" means an accident that causes damage to people or articles due to the operation, service or navigation of means of transportation; |
| 8. | The term "transportation safety inspection" means all activities performed by traffic administrative agencies to investigate, check and appraise risks in means of transportation under their control in accordance with this Act or related statutes; |
| 9. | The term "traffic facility safety diagnosis" means all activities performed by traffic safety diagnosis agencies which are specialized in an investigation, measurement or appraisal concerning the safety of land transportation, marine transportation or air transportation (hereinafter referred to as "traffic safety") to investigate, measure and appraise risks in traffic facilities; |
| Article 3 (Duties and Responsibilities of State, etc.) |
| (1) | The State shall establish and implement a comprehensive policy for traffic safety in order to protect the lives, bodies and property of the people. |
| (2) | Any local government shall establish and implement policies for traffic safety in its jurisdictional areas, well adapted to actual conditions of such areas, in order to protect the lives, bodies and property of residents. <Amended on Jun. 9, 2020> |
| (3) | The State and local governments (hereinafter referred to as "the State, etc.") shall take into consideration the matters concerning traffic safety whenever establishing and implementing plans and policies for local development, education, culture, legal affairs, etc., in addition to policies for traffic safety established and implemented under paragraphs (1) and (2). |
| Article 4 (Duties and Responsibilities of Traffic Facility Installers or Maintainers) |
A traffic facility installer or maintainer shall take measures necessary for ensuring traffic safety, such as expanding or improving traffic signaling systems or other traffic safety facilities, when installing and maintaining the relevant traffic facilities. <Amended on Jun. 9, 2020>
| Article 5 (Duties and Responsibilities of Manufacturers of Means of Transportation) |
A transportation manufacturer shall endeavor to improve the safety of the structure, equipment and apparatus of means of transportation manufactured by him/her as prescribed by statutes. <Amended on Jun. 9, 2020>
| Article 6 (Duties and Responsibilities of Transportation Manager) |
A transportation manager shall endeavor to ensure the safe operation, service, navigation, etc. of the means of transportation that he/she operates, as prescribed by statutes. <Amended on Jun. 9, 2020>
| Article 7 (Duties and Responsibilities of Vehicle Drivers, etc.) |
| (1) | A person who drives a vehicle, etc. shall inspect the vehicle for safe operation and drive it safely so as not to cause harm or damage to pedestrians and bike riders, as prescribed by statutes. <Amended on Dec. 29, 2009; Jun. 9, 2020>> |
| (2) | A person who boards a vessel and engages in navigation or other work on board (including a pilot under the Pilotage Act; hereinafter referred to as "vessel crew, etc.") shall conduct inspections before departure and check weather conditions, sea conditions, navigation beacons, notices on any accidents, etc. and ensure safe navigation, as prescribed by statues. <Amended on Jun. 9, 2020> |
| (3) | A person who boards aircraft and engages in flying such aircraft (hereinafter referred to as "aircraft crew, etc.") shall provide a safety briefing prior to departure and report any functional disorder of air navigational aids equipment and ensure safe flight, as prescribed by statutes. <Amended on Jun. 9, 2020> |
| Article 8 (Duties and Responsibilities of Pedestrians) |
Any pedestrian shall comply with statutes in passing roads, and endeavor so as not to cause harm or damage to land traffic. <Amended on Jun. 9, 2020>
| Article 9 (Fiscal or Financial Measures) |
| (1) | The State, etc. shall take any fiscal or financial measures necessary for implementing policies for traffic safety, such as securing budgets or providing financial support. <Amended on May 19, 2011> |
| (2) | When the State, etc. obliges any of the following persons to install traffic safety apparatuses in accordance with this Act, it may provide subsidies to cover the costs thereof as prescribed by Presidential Decree: <Newly Inserted on May 19, 2011; Jun. 9, 2020> |
| Article 10 (Reporting to National Assembly) |
The Government shall submit to the National Assembly an annual report on the circumstances of traffic accidents and the results, etc. of basic plans for national traffic safety under Article 15 and implementation plans for national traffic safety under Article 16 before the National Assembly opens its regular session. <Amended on Jun. 9, 2020>
| Article 11 (Relationship to Other Statutes) |
| (1) | The enactment or amendment of other Acts concerning traffic safety shall be in conformity with the purposes of this Act. |
| (2) | Except as specifically prescribed by other Acts, matters concerning traffic safety shall be governed by this Act. <Amended on Jun. 9, 2020> |
CHAPTER II DELIBERATIVE ORGANS ON TRAFFIC SAFETY POLICIES
| Article 12 (Deliberation on Major Policies, etc. for Traffic Safety) |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 13 (Deliberation on Major Traffic Safety Policies by Region) |
| (1) | A regional traffic committee under Article 110 of the National Transport System Efficiency Act (hereinafter referred to as the "regional traffic committee"), and each Si/Gun/Gu traffic safety policy deliberative committee under the head of each Si/Gun/Gu (hereinafter referred to as the "Si/Gun/Gu traffic safety committee") shall deliberate on major traffic safety policies by region and the basic plan for regional traffic safety referred to in Article 17. <Amended on Jun. 1, 2012> |
| (2) | The head of each Si/Gun/Gu shall become the chairperson of the relevant Si/Gun/Gu traffic safety committee. <Amended on Jun. 1, 2012> |
| (3) | Matters necessary for the organization, operation, etc. of the Si/Gun/Gu traffic safety committee shall be prescribed by municipal ordinances of a relevant local government as prescribed by Presidential Decree. <Amended on Jun. 1, 2012> |
[Title Amended on Jun. 1, 2012]
| Article 14 (Requests for Cooperation to Relevant Administrative Agencies, etc.) |
| (1) | If it is deemed necessary for deliberation on a meeting agenda, the National Traffic Commission, the regional traffic committee or the Si/Gun/Gu traffic safety committee may request the heads of relevant administrative agencies, the heads of public institutions or other relevant persons to submit materials, present opinions or provide other necessary cooperation. <Amended on Apr. 22, 2009; Jun. 1, 2012> |
| (2) | A person who has received the request under paragraph (1) shall comply with such request unless there is any compelling reason not to do so. <Amended on Jun. 9, 2020> |
CHAPTER III BASIC PLANS FOR NATIONAL TRAFFIC SAFETY, ETC.
| Article 15 (Basic Plans for National Traffic Safety) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish five-yearly basic plans for traffic safety (hereinafter referred to as "basic plan for national traffic safety") in order to increase overall national traffic safety. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The basic plan for national traffic safety shall include the following matters: |
| 1. | Direction-setting for mid- and long-term comprehensive policies for traffic safety; |
| 2. | Status of occurrence of traffic accidents by sector, such as land transportation, marine transportation or air transportation, and analysis of the causes thereof; |
| 3. | Targets for reduction in traffic accidents, by means of transportation, and by traffic facilities; |
| 4. | Distribution of traffic safety information and traffic safety culture improvement goals; |
| 5. | Analysis and evaluation of the results of traffic safety policies implemented; |
| 6. | Strategies for each sector to achieve the objectives of traffic safety policies; |
| 7. | Detailed implementation plans and investment plans by sector, by organization and by year; |
| 8. | Plans for maintenance and expansion of traffic safety facilities, such as traffic signaling systems, traffic control systems or sailing safety facilities; |
| 9. | Fostering traffic safety experts; |
| 10. | Investment business plans related to traffic safety, and investment priority; |
| 11. | Connection with traffic safety measures taken by each designated administrative agency, and measures to enhance enforcement capabilities; |
| 12. | Other matters concerning traffic safety policies for enhancement of the level of traffic safety. |
| (3) | The Minister of Land, Infrastructure and Transport shall formulate guidelines, including major plans or policies for traffic safety to be implemented by each designated administrative agency in order to establish the basic plan for national traffic safety and notify the head of each designated administrative agency of the guidelines, and the head of each designated administrative agency shall submit a draft plan for traffic safety under his/her jurisdiction to the Minister of Land, Infrastructure and Transport according to the notified guidelines. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall combine and coordinate the draft plans for traffic safety by jurisdiction submitted pursuant to paragraph (3), develop a draft basic plan for national traffic safety, and then finalize it after deliberation by the National Traffic Commission. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Jun. 9, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport shall notify the head of each designated administrative agency and each Mayor/Do Governor of the basic plan for national traffic safety finalized under paragraph (4) and publicly announce (including online publication; hereinafter the same shall apply) the basic plan. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Paragraphs (3) through (5) shall apply mutatis mutandis to an amendment to a finalized basic plan for national traffic safety: Provided, That this shall not apply to amendments of minor matters prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (7) | Necessary matters concerning establishment, amendment, etc. of a basic plan for national traffic safety under paragraphs (1) through (6) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 16 (Implementation Plans for National Traffic Safety) |
| (1) | The head of a designated administrative agency shall establish a draft annual implementation plan for traffic safety under his/her jurisdiction to implement a basic plan for national traffic safety and submit it to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall combine and coordinate the draft implementation plans for traffic safety by jurisdiction submitted pursuant to paragraph (1) in accordance with the basic plan for national traffic safety, develop a draft implementation plan for national traffic safety, and then finalize it after deliberation by the National Traffic Commission. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall notify the head of each designated administrative agency and each Mayor/Do Governor of the implementation plan for national traffic safety finalized under paragraph (2) and publicly announce the implementation plan. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis to an amendment to an implementation plan for national traffic safety: Provided, That this shall not apply to amendments of minor matters prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (5) | Necessary matters concerning establishment, amendment, etc. of an implementation plan for national traffic safety under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 17 (Basic Plans for Regional Traffic Safety) |
| (1) | A Mayor/Do Governor shall establish five-yearly basic plans for City/Do traffic safety (hereinafter referred to as the "basic plan for City/Do traffic safety") according to the basic plan for national traffic safety, and the head of a Si/Gun/Gu shall establish five-yearly basic plans for Si/Gun/Gu traffic safety (hereinafter referred to as the "basic plan for Si/Gun/Gu traffic safety) according to the basic plan for City/Do traffic safety. |
| (2) | The Minister of Land, Infrastructure and Transport and the Mayor/Do Governor may prepare, and provide the Mayor/Do Governor and the head of a Si/Gun/Gu with, guidelines for establishing the basic plan for City/Do traffic safety or the basic plan for Si/Gun/Gu traffic safety, respectively (hereinafter referred to as the "basic plan for regional traffic safety"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 17, 2017> |
| (3) | Where the Mayor/Do Governor establishes the basic plan for City/Do traffic safety, he/she shall finalize it after deliberation by a relevant regional traffic committee, and where the head of a Si/Gun/Gu establishes the basic plan for Si/Gun/Gu traffic safety, he/she shall finalize it after deliberation by a relevant Si/Gun/Gu traffic safety committee. <Amended on Jun. 1, 2012> |
| (4) | Where the Mayor/Do Governor finalizes the basic plan for City/Do traffic safety under paragraph (3), he/she shall submit it to the Minister of Land, Infrastructure and Transport and publicly announce it; and where the head of a Si/Gun/Gu finalizes the basic plan for Si/Gun/Gu traffic safety under paragraph (3), he/she shall submit it to a relevant Mayor/Do Governor and publicly announce it. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Paragraphs (3) and (4) shall apply mutatis mutandis to an amendment to a basic plan for regional traffic safety: Provided, That this shall not apply to amendments of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (6) | Necessary matters concerning establishment, amendment, etc. of a basic plan for regional traffic safety under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 18 (Implementation Plans for Regional Traffic Safety) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall establish an annual implementation plan for City/Do traffic safety or an annual implementation plan for Si/Gun/Gu traffic safety (hereinafter referred to as "implementation plan for regional traffic safety") for implementation of the basic plan for regional traffic safety under his/her jurisdiction. |
| (2) | Where a Mayor/Do Governor establishes an implementation plan for City/Do traffic safety, he/she shall submit it to the Minister of Land, Infrastructure and Transport and publicly announce it, and where the head of a Si/Gun/Gu establishes an implementation plan for Si/Gun/Gu traffic safety, he/she shall submit it to a relevant Mayor/Do Governor and publicly announce it. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Necessary matters concerning establishment, etc. of an implementation plan for regional traffic safety under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 19 (Coordination of Basic Plans, etc. for Regional Traffic Safety) |
| (1) | Where basic plans for City/Do traffic safety or implementation plans for City/Do traffic safety do not conform to basic plans for national traffic safety or implementation plans for national traffic safety, the Minister of Land, Infrastructure and Transport may require relevant Mayors/Do Governors to amend such basic plans for City/Do traffic safety or such implementation plans for City/Do traffic safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | Where basic plans for Si/Gun/Gu traffic safety or implementation plans for Si/Gun/Gu traffic safety do not conform to basic plans for City/Do traffic safety or implementation plans for City/Do traffic safety, a relevant Mayor/Do Governor may require the head of a relevant Si/Gun/Gu to amend such basic plans for Si/Gun/Gu traffic safety or such implementation plans for Si/Gun/Gu traffic safety. <Amended on Jun. 9, 2020> |
| Article 20 (Requests for Cooperation in Establishment of Plans) |
| (1) | If it is deemed necessary for establishing and implementing basic plans for national traffic safety, implementation plans for national traffic safety, basic plans for regional traffic safety, or implementation plans for regional traffic safety, the Minister of Land, Infrastructure and Transport, the head of a designated administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the heads of relevant administrative agencies, the heads of public institutions or other interested persons to provide necessary cooperation, such as submission of materials. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | A person who has received the request under paragraph (1) shall comply with such request unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020> |
| Article 21 (Traffic Safety Regulations by Traffic Facility Installers, Maintainers, etc.) |
| (1) | Any traffic facility installer or maintainer and transportation manager prescribed by Presidential Decree (hereafter referred to as "traffic facility installer, maintainer, etc." in this Article) shall establish regulations that include the following matters (hereinafter referred to as "traffic safety regulations"), to ensure the safety of traffic facilities or means of transportation he/she installs, maintains or manages, and submit them to the competent traffic administrative agency. This shall also apply to revisions to such regulations: <Amended on Dec. 26, 2017; Jun. 9, 2020> |
| 1. | Matters concerning management guidelines for traffic safety; |
| 2. | Matters concerning the establishment of traffic safety targets; |
| 3. | Matters concerning traffic safety-related organization; |
| 4. | Matters concerning designation of a person in charge of traffic safety under Article 54-2; |
| 5. | Matters concerning the establishment and promotion of safety control measures; |
| 6. | Other important matters concerning traffic safety prescribed by Presidential Decree. |
| (2) | Each traffic facility installer, maintainer, etc. shall observe traffic safety regulations. |
| (3) | A traffic administrative agency shall verify whether a traffic facility installer, maintainer, etc. complies with traffic safety regulations, and conduct evaluation thereon, as prescribed by Ordinance of the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (4) | A traffic administrative agency may issue an order for revision of traffic safety regulations when deemed necessary to ensure traffic safety. In such cases, the traffic facility installer, maintainer, etc. who has received the order for revision shall comply therewith unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020> |
| (5) | Necessary matters concerning the timing to submit traffic safety regulations, procedures for and methods of establishing traffic safety regulations, etc. shall be prescribed by Presidential Decree. |
CHAPTER IV BASIC POLICIES FOR TRAFFIC SAFETY
| Article 22 (Maintenance, etc. of Traffic Facilities) |
| (1) | The State, etc. shall develop necessary policies for maintenance of traffic facilities (including traffic signaling systems and other traffic safety facilities), rationalization of traffic regulations and traffic controls, reasonable use of public waters, etc. so as to create a safe traffic environment. |
| (2) | The State, etc. shall give special consideration to pedestrians and persons riding bikes for their protection when developing policies under paragraph (1) for residential areas, school zones and commercial areas. <Amended on Dec. 29, 2009; Jun. 9, 2020> |
| Article 23 (Dissemination, etc. of Traffic Safety Information) |
| (1) | The State, etc. shall develop necessary policies to enable schools and other educational institutions to promote traffic safety education and provide substantial publicity for traffic safety in order to disseminate traffic safety information and increase awareness of traffic safety. <Amended on Jun. 9, 2020> |
| (2) | The State, etc. shall develop necessary policies to vitalize sound and voluntary organizational activities of citizens for traffic safety. |
| (3) | The State, etc. may establish educational facilities to offer traffic safety experience to children, aged persons, and persons with disabilities. In such cases, the head of the traffic administrative agency which intends to establish such educational facilities shall consult with the heads of relevant administrative agencies. <Newly Inserted on Apr. 22, 2009; Jan. 19, 2016> |
| (4) | The State, etc. may provide financial assistance to support the establishment of educational facilities to offer a traffic safety experience to children, aged persons, and persons with disabilities, within budgetary limits. <Newly Inserted on Apr. 22, 2009; Jan. 19, 2016> |
| (5) | Necessary matters concerning the methods of and standards for the establishment of educational facilities under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted on Apr. 22, 2009> |
| Article 24 (Assuring Safe Operation of Transportation) |
| (1) | The State, etc. shall provide necessary education to vehicle drivers, vessel crew, aircraft crew, etc. (hereinafter referred to as "drivers, etc.") in order to enable them to safely operate their means of transport. <Amended on Jun. 9, 2020> |
| (2) | The State, etc. shall establish necessary policies in order to rationalize qualification systems for drivers, etc., improve transport operating systems, maintain reasonable working conditions for drivers, etc., and promote the welfare of drivers, etc. |
| Article 25 (Collection and Dissemination of Traffic Safety Data) |
The State, etc. shall establish necessary policies to maintain, expand, etc. a meteorological observation network and communication facilities in order to promptly collect and disseminate traffic safety data, including weather information, etc.
| Article 26 (Enhancement of Safety for Means of Transportation) |
The State, etc. shall establish necessary policies to improve the safety and technical standards for structure, equipment and apparatus of means of transportation and ensure accurate inspections of means of transportation in order to enhance the safety of means of transportation.
| Article 27 (Maintenance of Orderly Traffic) |
The State, etc. shall establish necessary policies, such as cracking down traffic violations, in order to maintain orderly traffic.
| Article 28 (Safe Transportation of Hazardous Goods) |
The State, etc. shall establish necessary policies, such as securing transport facilities and equipment for transportation of hazardous goods and developing overall standards therefor, in order to safely transport hazardous goods.
| Article 29 (Improvement, etc. of Emergency Rescue Systems) |
| (1) | The State, etc. shall establish necessary policies, such as improving rescue systems and expanding emergency medical facilities, in order to provide high-quality emergency care and treatment to persons injured by traffic accidents. <Amended on Jun. 9, 2020> |
| (2) | The State, etc. shall establish necessary policies, such as improving the systems to collect information concerning the occurrence of marine accidents and marine rescue systems, in order to provide high-quality rescue for marine accidents. <Amended on Jun. 9, 2020> |
| Article 30 (Appropriate Compensation for Damage) |
The State, etc. shall establish necessary policies, such as ensuring appropriate compensation systems, in order to provide appropriate compensation for damage to victims of traffic accidents (including their bereaved families).
| Article 31 (Promotion, etc. of Technologies) |
| (1) | The State, etc. shall establish necessary policies to improve testing and research systems for the promotion of traffic safety technologies, promote research and development of such technologies, and disseminate the outcomes thereof. |
| (2) | The State, etc. shall establish necessary policies, such as conducting comprehensive research and survey on traffic systems, etc., in order to examine the causes of traffic accidents in a scientific manner. |
| Article 32 (Matters to be Considered in Establishing Traffic Safety Policies) |
The State, etc. shall give special consideration when establishing traffic safety policies so as not to unreasonably impede people's lives. <Amended on Jun. 9, 2020>
CHAPTER V DETAILED MEASURES FOR TRAFFIC SAFETY
| Article 33 (Transportation Safety Inspections) |
| (1) | Each traffic administrative agency may conduct transportation safety inspections on a regular or occasional basis to ascertain the traffic safety status of the means of transportation under its control. |
| (2) | If a traffic administrative agency finds any obstacle to traffic safety as a result of the transportation safety inspection pursuant to paragraph (1), it shall establish and implement measures to overcome such obstacle and may recommend the relevant transportation manager to implement such measures. |
| (3) | To efficiently conduct a transportation safety inspection, a traffic administrative agency may require the relevant transportation manager to make necessary reports or to submit related data; and if necessary, may direct public officials under its control to enter the transportation manager’s place of business to inspect the means of transportation, ledgers, documents or other objects or to interview relevant persons. |
| (4) | In cases of entering a place of business to conduct an inspection in accordance with paragraph (3), notice shall be given of an inspection plan, including the date of, reasons for and details of the inspection, to the relevant transportation manager by no later than seven days before the entry and inspection: Provided, That where deemed that it might be impracticable to achieve the objectives of inspection due to destruction of evidence, etc., the notice of the inspection plan may be given on the inspection date. |
| (5) | Any public official who enters a place of business to conduct an inspection under paragraph (3) shall present a certificate indicating his/her authority and deliver a document stating his/her name, the time of entry, the purpose of entry, etc. |
| (6) | Notwithstanding paragraph (1), with respect to any means of transportation prescribed by Presidential Decree, if a traffic accident occurs above the level prescribed by Presidential Decree, the Minister of Land, Infrastructure and Transport shall conduct a transportation safety inspection for the means of transportation. |
| (7) | If any obstacle to traffic safety is found as a result of the transportation safety inspection pursuant to paragraph (6), the Minister of Land, Infrastructure and Transport shall give notice thereof to the competent traffic administrative agency. |
| (8) | Upon receipt of a notice of the results of a transportation safety inspection pursuant to paragraph (7), the traffic administrative agency shall take necessary measures to remove the obstacle to traffic safety, and give notice thereof to the Minister of Land, Infrastructure and Transport. |
| (9) | Necessary matters concerning the means of transportation subject to transportation safety inspections pursuant to paragraphs (1) and (6), the criteria and timing for such inspections, and the inspection items shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 17, 2017]
| Article 33-2 (Conducting, etc. of Special Survey of Actual Conditions of Traffic Safety) |
| (1) | Where necessary for any Si (including an administrative city provided for in Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter the same shall apply in this paragraph)/Gun/Gu with poor conditions of traffic safety, such as frequent occurrence of traffic accidents, the head of a designated administrative agency may conduct a special survey on the traffic system of the Si/Gun/Gu (hereinafter referred to as "special survey of actual conditions"). <Amended on Jul. 24, 2015> |
| (2) | Where the head of a designated administrative agency deems it necessary to ensure traffic safety, based on the results of special survey of actual conditions conducted pursuant to paragraph (1), he/she may recommend the competent traffic administrative agency to improve traffic systems, including traffic facilities. In such cases, the head of a designated administrative agency may provide necessary administrative support to the competent traffic administrative agency to assist it in implementing recommendation for improvement. <Amended on Oct. 24, 2017> |
| (3) | A competent traffic administrative agency who has received a recommendation for improvement from the head of a designated administrative agency under paragraph (2) shall prepare an implementation plan and submit it to the head of the designated administrative agency, and the head of the designated administrative agency shall verify or check whether the recommendation is implemented. <Amended on Oct. 24, 2017> |
| (4) | The competent traffic administrative agency which has submitted the implementation plan under paragraph (3) shall submit a report on the implementation results to the head of the designated administrative agency as prescribed by Presidential Decree. <Newly Inserted on Oct. 24, 2017> |
| (5) | The head of the designated administrative agency may subsidize all or part of financial resources necessary for the implementation of the recommendation for improvement under paragraph (2) within budgetary limits. <Amended on Oct. 24, 2017> |
| (6) | Matters necessary for the details of targets, procedures, methods, etc. of special surveys of actual conditions shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Oct. 24, 2017> |
[This Article Newly Inserted on May 19, 2011]
| Article 34 (Traffic Facility Safety Diagnoses) |
| (1) | Any person who intends to install any traffic facility, such as roads, railroads and airports, the scale of which is not smaller than that prescribed by Presidential Decree (hereafter referred to as “traffic facility installer” in this Article) shall receive a traffic facility safety diagnosis from a traffic safety diagnosis agency registered pursuant to Article 39 (1) (hereinafter referred to as “traffic safety diagnosis agency”), before installing such traffic facility. <Amended on Jan. 17, 2017> |
| (2) | If any traffic facility installer who has completed the traffic facility safety diagnosis under paragraph (1) needs to obtain approval, authorization, a permit, license, decision, etc. (hereinafter referred to as "approval, etc.") concerning a construction plan or project plan for the relevant traffic facility or to report thereon, he/she shall submit a traffic facility safety diagnosis report prepared and issued by a traffic safety diagnosis agency, as prescribed by Presidential Decree, to the competent traffic administrative agency, along with related documents. <Amended on Jan. 17, 2017> |
| (3) | Any traffic facility installer or maintainer prescribed by Presidential Decree shall undergo a traffic facility safety diagnosis from a traffic safety diagnosis agency before commencing the use of such traffic facility. <Newly Inserted on Jan. 17, 2017> |
| (4) | The traffic facility installer or maintainer who has completed a traffic facility safety diagnosis pursuant to paragraph (3) shall submit a traffic facility safety diagnosis report prepared and issued by a traffic safety diagnosis agency to the competent traffic administrative agency, as prescribed by Presidential Decree, before commencing the use of such traffic facility. <Newly Inserted on Jan. 17, 2017> |
| (5) | If a traffic accident occurs above the level prescribed by Presidential Decree, the competent traffic administrative agency may direct the traffic facility installer or maintainer to undergo a traffic facility safety diagnosis from a traffic safety diagnosis agency for a traffic facility involved in causing the traffic accident. <Newly Inserted on Jan. 17, 2017> |
| (6) | The traffic facility installer or maintainer who has completed a traffic facility safety diagnosis pursuant to paragraph (5) shall submit a traffic facility safety diagnosis report prepared and issued by a traffic safety diagnosis agency to the competent traffic administrative agency. <Newly Inserted on Jan. 17, 2017> |
| (7) | Necessary matters concerning traffic facilities subject to the traffic facility safety diagnosis pursuant to paragraphs (1), (3) and (5) and concerning criteria and timing for such diagnosis shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 17, 2017> |
[Title Amended on Jan. 17, 2017]
| Article 35 Deleted. <Jun. 1, 2012> |
| Article 35-2 (Designation, etc. of Business Entities with Outstanding Performance in Traffic Safety) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a transportation manager who has enhanced the level of traffic safety and has contributed to the reduction of traffic accidents as a business entity with outstanding performance in traffic safety. <Amended on Mar. 23, 2013> |
| (2) | A traffic administrative agency may provide the assistance prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to a business entity designated pursuant to paragraph (1), such as exemption from transportation safety inspections. <Amended on Mar. 23, 2013; Jan. 17, 2017> |
| (3) | Where a business entity designated pursuant to paragraph (1) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation: Provided, That he/she shall revoke the designation when the business entity falls under subparagraph 1: <Amended on Mar. 23, 2013> |
| 1. | Where the business entity obtained the designation under paragraph (1) deceitfully or otherwise fraudulently; |
| 2. | Where the business entity causes traffic accidents above the level prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Matters necessary for the eligibility, criteria, valid period, procedures, methods, etc. for the designation of outstanding business entities in traffic safety provided for in 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 May 19, 2011]
| Article 36 Deleted. <Jan. 17, 2017> |
| Article 37 (Handling of Results of Traffic Facility Safety Diagnoses) |
| (1) | If a traffic administrative agency examines the traffic facility safety diagnosis report submitted by a person who has undergone a traffic facility safety diagnosis pursuant to Article 34 (1), (3) and (5) and then deems it necessary to ensure traffic safety, it may make the following recommendations to the person who has undergone such diagnosis or take necessary measures under relevant statutes (hereinafter referred to as "recommendation, etc."). In such cases, the traffic administrative agency may provide such data and technical support as necessary to enable the person who has undergone the traffic facility safety diagnosis to perform the recommended matters: <Amended on May 19, 2011; Jun. 1, 2012; Jan. 17, 2017> |
| 1. | Amending or supplementing construction plans or project plans for traffic facilities; |
| 2. | Improving or supplementing traffic facilities, and placing a restriction on their use; |
| 3. | Improving or supplementing the procedures and methods, etc. related to managing and operating traffic facilities; |
| 4. | Deleted; <Jan. 17, 2017> |
| 5. | Improving other business affairs concerning traffic safety. |
| (2) | A traffic administrative agency may check whether persons who are subject to recommendation, etc. pursuant to paragraph (1) implement the recommendation, etc. <Newly Inserted on May 19, 2011> |
| (3) | If deemed necessary for the checking under paragraph (2), a traffic administrative agency may request the persons who has received the recommendation, etc. pursuant to paragraph (1) to submit the results of implementation of the recommendation, etc. <Newly Inserted on May 19, 2011> |
[Title Amended on Jan. 17, 2017]
| Article 38 (Guidelines for Traffic Facility Safety Diagnoses) |
| (1) | To systematically and efficiently perform traffic facility safety diagnoses, the Minister of Land, Infrastructure and Transport shall formulate guidelines for traffic facility safety diagnoses that include items, methods and procedures of traffic facility safety diagnoses, qualifications and composition of persons who perform traffic facility safety diagnoses, preparation of traffic facility safety diagnosis reports, and follow-up after traffic facility safety diagnoses, and publish them in the Official Gazette, as prescribed by Presidential Decree. <Amended on Jan. 17, 2017> |
| (2) | The Minister of Land, Infrastructure and Transport shall consult with the heads of relevant designated administrative agencies before formulating guidelines for traffic facility safety diagnosis pursuant to paragraph (1). <Amended on Jan. 17, 2017> |
| (3) | Any traffic safety diagnosis agency shall comply with guidelines for traffic facility safety diagnoses under paragraph (1) whenever performing a traffic facility safety diagnosis pursuant to Article 34 (1), (3) and (5). <Amended on Jun. 1, 2012; Jan. 17, 2017> |
[Title Amended on Jan. 17, 2017]
| Article 39 (Registration, etc. of Traffic Safety Diagnosis Agencies) |
| (1) | Any person who intends to perform traffic facility safety diagnoses shall file a registration with the relevant Mayor/Do Governor. In such cases, the relevant Mayor/Do Governor shall issue a certificate of registration as traffic safety diagnosis agency, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Jan. 17, 2017> |
| (2) | Necessary matters concerning the standards, procedures, etc. for registration under paragraph (1) shall be prescribed by Presidential Decree. |
[Title Amended on Jan. 17, 2017]
| Article 40 (Reporting, etc. on Changed Matters) |
| (1) | A traffic safety diagnosis agency shall, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, report to a relevant Mayor/Do Governor when any matter prescribed by Presidential Decree is changed among matters registered. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Jan. 17, 2017> |
| (2) | If any traffic safety diagnosis agency intends to suspend its business for at least six consecutive months or resume or close its business, it shall report such fact to a relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and where the relevant Mayor/Do Governor receives a report on business closure, he/she shall cancel the registration of the traffic safety diagnosis agency. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Jan. 17, 2017; Jun. 9, 2020> |
| Article 41 (Grounds for Disqualification) |
No person who falls under any of the following may be registered as a traffic safety diagnosis agency: <Amended on Dec. 29, 2015; Jan. 17, 2017; Jun. 9, 2020>
| 1. | A person under adult guardianship or under limited guardianship; |
| 2. | A person who has been declared bankrupt and has not been reinstated; |
| 3. | A person who has been sentenced to imprisonment with labor for a violation of this Act and in whose case two years have not passed from the date on which the sentence was completed (including cases where the execution of such sentence is deemed completed) or exempted; |
| 4. | A person who is under suspension of execution of sentence after having been sentenced to suspension of execution of imprisonment with labor for a violation of this Act; |
| 5. | A person in whose cases two years have not elapsed after registration of a traffic safety diagnosis agency was revoked pursuant to Article 43: Provided, That the foregoing shall not apply where such registration is revoked in accordance with subparagraph 1 or 2 of Article 41 as referred to in subparagraph 3 of Article 43; |
| 6. | A corporation that has an executive officer falling under any of subparagraphs 1 through 5. |
| Article 42 (Prohibition, etc. from Lending Names) |
No traffic safety diagnosis agency may allow any third party to perform a traffic facility safety diagnosis under its name or trade name or lend its certificate of registration to any third party. <Amended on Jan. 17, 2017>
| Article 43 (Revocation, etc. of Registration) |
| (1) | If a traffic safety diagnosis agency falls under any of the following cases, the competent City Mayor/Do Governor may revoke its registration or order it to suspend its business for a period not exceeding one year: Provided, That if a traffic safety diagnosis agency falls under any of subparagraphs 1 through 5, its registration shall be revoked: <Amended on Feb. 29, 2008; Jun. 1, 2012; Jan. 17, 2017; Mar. 21, 2017; Jun. 9, 2020> |
| 1. | If it has obtained registration deceitfully or otherwise fraudulently; |
| 2. | If an event constituting a ground for business suspension occurs after receiving a disposition of business suspension on two occasions during the last two years; |
| 3. | If it falls under any subparagraph of Article 41: Provided, That this shall not apply if the corporation replaces the executive officer falling under any of subparagraphs 1 through 5 of the same Article with another person within six months; |
| 4. | If it allows any third party to use its name or trade name or lends its certificate of registration to any third party, in violation of Article 42; |
| 5. | If it conducts a traffic facility safety diagnosis during a period of business suspension after receiving a disposition to suspend business; |
| 6. | If it fails to meet the standards for registration under Article 39 (2); |
| 7. | If it allows a person who is unqualified to perform traffic facility safety diagnosis to perform a traffic facility safety diagnosis; |
| 8. | If the evaluation of the results of a traffic facility safety diagnosis pursuant to Article 45 finds that it has falsely diagnosed safety status or otherwise poorly performed the traffic facility safety diagnosis. |
| (2) | Detailed criteria for administrative dispositions pursuant to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Mar. 21, 2017> |
| Article 44 (Business Performance after Administrative Dispositions) |
| (1) | Any traffic safety diagnosis agency which has received a disposition to cancel registration or suspend business pursuant to Article 43 may continue to perform a traffic facility safety diagnosis that was under progress as at the time such disposition was taken. In such cases, the traffic safety diagnosis agency shall promptly give notice of the details of such disposition to the person who has requested to perform the traffic facility safety diagnosis. <Amended on Jan. 17, 2017> |
| (2) | Any person who continues to perform business under the former part of paragraph (1) shall be deemed a traffic safety diagnosis agency until completing such business. <Amended on Jan. 17, 2017> |
| Article 45 (Evaluation, etc. of Results of Traffic Facility Safety Diagnoses) |
| (1) | The Minister of Land, Infrastructure and Transport shall evaluate the results of traffic facility safety diagnoses performed by traffic safety diagnosis agencies in order to advance the level of technology for traffic facility safety diagnoses and prevent poor traffic facility safety diagnoses. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 17, 2017> |
| (2) | The Minister of Land, Infrastructure and Transport may request a relevant traffic facility installer or maintainer or traffic safety diagnosis agency to submit data necessary for the evaluation pursuant to paragraph (1). In such cases, any person requested to submit data shall comply with such request except in extenuating circumstances. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 17, 2017> |
| (3) | Necessary matters concerning items to be evaluated, methods of evaluation, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[Title Amended on Jan. 17, 2017]
| Article 46 (Defrayment of Expenses Incurred for Traffic Facility Safety Diagnoses) |
| (1) | Expenses incurred in performing traffic facility safety diagnosis pursuant to Article 34 (1), (3) and (5) shall be borne by the person who undergoes such traffic facility safety diagnosis. <Amended on Jan. 17, 2017> |
| (2) | The calculation basis for the expenses incurred for traffic facility safety diagnoses pursuant to paragraph (1) shall be determined and publicly announced by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 17, 2017> |
[Title Amended on Jan. 17, 2017]
| Article 47 (Direction and Supervision over Traffic Safety Diagnosis Agencies) |
| (1) | To ascertain whether a traffic safety diagnosis agency performs traffic facility safety diagnoses in an appropriate manner, the competent Mayor/Do Governor may require the traffic safety diagnosis agency to make a necessary report or to submit related data and, if deemed necessary, order public officials under his/her control to inspect and examine related documents or other objects or interview relevant persons. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Jan. 17, 2017> |
| (2) | In cases of the entry or inspection pursuant to paragraph (1), notice shall be given of an inspection plan, including the date of, reasons for and details of the inspection, to the relevant traffic safety diagnosis agency by no later than seven days before the inspection: Provided, That in cases of urgency or where it is impracticable to attain the objectives of such inspection, such as destruction of evidence, the notice of the inspection plan may be given on the inspection date. <Amended on Jan. 17, 2017; Jun. 9, 2020> |
| (3) | Any public official who enters a place or conducts an inspection under paragraph (1) shall present a certificate indicating his/her authority to relevant persons and issue a document stating his/her name, the time of entry, the purpose of entry, etc. |
| Article 48 (Investment, etc. in Traffic Safety Projects) |
| (1) | The State, etc. shall secure investment, etc. for ensuring traffic safety, in addition to expenses incurred in establishing, managing or operating traffic facilities and the amount of investment, etc. to ensure traffic safety. |
| (2) | The head of a designated administrative agency shall formulate guidelines for investment in traffic safety projects, including adjustment of priority for investment in traffic safety projects, to improve the effect of traffic safety investment, etc. under paragraph (1) and publicly announce them, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 49 (Traffic Accident Investigation, etc.) |
| (1) | In the event of a traffic accident, a traffic administrative agency, committee, relevant public official, etc. with authority to investigate and handle the traffic accident shall clarify the cause of the traffic accident in an accurate and prompt manner in accordance with related statutes. <Amended on Jun. 9, 2020> |
| (2) | Where a traffic administrative agency, etc. investigates and handles a traffic accident pursuant to paragraph (1), it may establish and take measures to prevent recurrence of traffic accidents or recommend a relevant administrative agency to do so. In such cases, a traffic administrative agency, etc. may provide the relevant administrative agency with administrative or technical support necessary for such agency to implement its recommendations. <Amended on Nov. 26, 2019> |
| (3) | In receipt of a recommendation under paragraph (2), the head of the relevant administrative agency shall prepare an implementation plan and submit the same to a traffic administrative agency, etc. within 30 days from the receipt thereof. <Newly Inserted on Nov. 26, 2019> |
| (4) | The head of the relevant administrative agency who has submitted an implementation plan under paragraph (3) shall submit a report on the implementation results to the traffic administrative agency, etc., as prescribed by Presidential Decree. <Newly Inserted on Nov. 26, 2019> |
| (5) | Notwithstanding paragraph (3), where the head of the relevant administrative agency who has received a recommendation under paragraph (2) deems it unnecessary to implement such recommendation, he/she shall notify, in writing, the traffic administrative agency, etc. of the grounds for non-compliance within 30 days from the receipt of such recommendation. <Newly Inserted on Nov. 26, 2019> |
| Article 50 (Traffic Accident Investigation by Administrative Agencies Managing Traffic Facilities, etc.) |
| (1) | An administrative agency managing traffic facilities or a traffic administrative agency rendering guidance and supervision to traffic facility installers or maintainers shall, in the event of a serious traffic accident prescribed by Presidential Decree within traffic facilities under its control, investigate the causes of the serious traffic accident, such as whether the imperfections of traffic safety facilities, such as defects of relevant traffic facilities and traffic signaling systems, have caused such traffic accident, etc. <Amended on Jun. 9, 2020> |
| (2) | The head of a designated administrative agency who takes charge of safety standards for means of transportation may, in the event of a serious traffic accident prescribed by Presidential Decree, investigate whether manufacturing defects, etc. in means of transportation have caused the serious traffic accident. <Amended on Jun. 9, 2020> |
| (3) | The head of a local government who is required to investigate the cause of a traffic accident under paragraph (1) shall submit a report on the results of investigation to the head of a designated administrative agency concerned. |
| (4) | Necessary matters concerning specific subjects, methods, etc. of traffic accident investigation under paragraphs (1) and (2) shall be determined by Presidential Decree. |
| Article 51 (Preservation and Management of Traffic Accident-Related Data, etc.) |
| (1) | A traffic administrative agency, etc. that has investigated and handled a traffic accident or the cause thereof pursuant to Articles 49 and 50 shall maintain and manage the data, statistics or information related to the investigation of the traffic accident (hereinafter referred to as "traffic accident-related data, etc."), as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (3) | Where any person who maintains and manages traffic accident-related data, etc. under paragraph (2) receives a request from a relevant traffic administrative agency to submit relevant traffic accident-related data, etc., he/she shall comply therewith unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020> |
| Article 52 (Establishment, etc. of Traffic Safety Information Management Systems) |
| (1) | The head of a traffic administrative agency shall establish and administer traffic safety information management systems to collectively maintain and manage all traffic safety information concerning the safety of traffic facilities, means of transportation and traffic systems and traffic accident-related data, etc. |
| (2) | The head of a traffic administrative agency shall share traffic safety information management systems under paragraph (1) to effectively apply them to traffic safety policies. |
| (3) | The establishment and administration of traffic safety information management systems under paragraph (1) and the procedures, methods, etc. of sharing traffic safety information management systems under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 53 (Obtaining etc. Qualification as Traffic Safety Supervisors) |
| (1) | The Minister of Land, Infrastructure and Transport shall operate a qualification system for traffic safety supervisors to check and supervise technical matters related to the safe operation, service, or navigation of means of transportation or the operation and management of traffic facilities. <Amended on Dec. 26, 2017> |
| (2) | Any person who intends to obtain qualification as a traffic safety supervisor shall pass an examination administered by the Minister of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport shall issue a certificate of qualification to the person who has passed such examination. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 26, 2017> |
| (3) | Any of the following persons shall become a traffic safety supervisor: <Amended on Dec. 29, 2015; Jan. 17, 2017; Jun. 9, 2020> |
| 1. | A person under adult guardianship or under limited guardianship; |
| 2. | A person who has been sentenced to imprisonment without labor or heavier punishment and in whose case two years have not passed since the sentence was completely executed (including cases where it is deemed to have been completed) or he/she was exempted from execution of the sentence; |
| 3. | A person who was issued a suspended prison sentence or heavier punishment and who is still in the suspension period; |
| 4. | A person in whose case two years have not passed since his/her qualification as a traffic safety supervisor was revoked under Article 54: Provided, That the foregoing shall not apply where a person’s qualification is revoked because he/she falls under Article 53 (3) 1 as referred to in Article 54 (1) 1. |
| (4) | The Minister of Land, Infrastructure and Transport may grant partial exemption from the examination under paragraph (2) to any of the following persons, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Jun. 9, 2020> |
| 2. | A person who has working experience prescribed by Presidential Decree in the area of traffic safety and has completed educational or training courses prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 3. | A person who has acquired at least a master’s degree. |
| (5) | Necessary matters concerning types of qualification as traffic safety supervisors, administration of examinations, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 26, 2017> |
[Title Amended on Dec. 26, 2017]
| Article 54 (Revocation, etc. of Qualification of Traffic Safety Supervisors) |
| (1) | A Mayor/Do Governor shall, if a traffic safety supervisor falls under any of subparagraphs 1 and 2, revoke the relevant qualification and may, if a traffic safety supervisor falls under subparagraph 3, revoke the qualification of such traffic safety supervisor or order the suspension of such qualification for a period not exceeding one year: <Amended on Feb. 29, 2008; Jun. 1, 2012; Jun. 9, 2020> |
| 1. | If he/she falls under any subparagraphs of Article 53 (3); |
| 2. | If he/she obtains qualification as a traffic safety supervisor by fraud or other improper means; |
| 3. | If he/she causes a traffic accident, while performing his/her duties as a traffic safety supervisor, by intention or by gross negligence. |
| (2) | Where a Mayor/Do Governor issues a disposition of revocation or suspension of qualification pursuant to paragraph (1), he/she shall notify the relevant traffic safety supervisor of the revocation or suspension as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013> |
| (3) | Detailed standards and procedures for the administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in consideration of the type and severity of the violation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 54-2 (Designation, etc. of Persons in Charge of Traffic Safety) |
| (1) | A traffic facility installer or maintainer or transportation manager prescribed by Presidential Decree shall designate any of the following persons as a person in charge of traffic safety and have him/her perform the following duties: |
| 1. | A person who obtains qualification as a traffic safety supervisor under Article 53; |
| 2. | A person qualified as prescribed by Presidential Decree. |
| (2) | The traffic facility installer or maintainer or transportation manager under paragraph (1) shall have persons in charge of traffic safety undergo training to enhance their expertise and technical capabilities. |
| (3) | Matters necessary for the duties, methods of designation, and training of persons in charge of traffic safety shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 55 (Installation of Tachographs, Use of Tachograph Records, etc.) |
| (1) | Any of the following persons shall install a tachograph meeting the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in a vehicle that he/she operates: Provided, That this shall not apply to vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as small trucks: <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (2) | A person obliged to install a tachograph under paragraph (1) (hereinafter referred to as "person obliged to install a tachograph") shall preserve tachograph records for a period prescribed by Presidential Decree and comply with a traffic administrative agency's request to submit them: Provided, That a person obliged to install a tachograph prescribed by Presidential Decree shall periodically submit his/her tachograph records regardless of whether such request is made. In such cases, a person obliged to install a tachograph shall not arbitrarily manipulate his/her tachograph records. <Amended on Mar. 21, 2017; Oct. 24, 2017; Jun. 9, 2020> |
| (3) | A traffic administrative agency shall examine and analyze tachograph records submitted pursuant to paragraph (2) and provide the results thereof to the relevant person obliged to install a tachograph and the relevant driver of the vehicle equipped with a tachograph. |
| (4) | A traffic administrative agency shall not use the results of the analysis under paragraph (3) to impose any unfavorable restrictions or punishment on a person obliged to install a tachograph and a driver of the vehicle equipped with a tachograph, such as cancellation of permission or registration under this Act or any other Acts, except the following measures: <Amended on Jan. 17, 2017> |
| 1. | Conducting a transportation safety inspection pursuant to Article 33 (1) and (6); |
| 2. | Deleted; <Jun. 1, 2012> |
| 3. | Recommending improvement of means of transportation and its operating systems; |
| 4. | Checking minimum rest breaks, continuous hours of driving, and unauthorized modifications to speed limiters. |
| (5) | Necessary matters concerning maintenance, submission methods, analysis, use, etc. of tachograph records shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 55-2 (Installation of Lane Departure Warning Systems) |
Any vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among those provided for in Article 55 (1) 1 or 2 shall be equipped with a lane departure warning system that meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. [This Article Newly Inserted on Jan. 17, 2017]
| Article 56 (Establishment, etc. of Research and Education Facilities for Traffic Safety Experience) |
| (1) | The head of a traffic administrative agency may establish and operate research and education facilities for traffic safety experience to effectively increase traffic safety awareness of persons driving or operating means of transportation and improve their safe driving or operating abilities and to enable them to drive or operate means of transportation with such awareness or abilities. <Amended on Jun. 9, 2020> |
| (2) | Necessary matters concerning establishment, operation, etc. of research and education facilities for traffic safety experience under paragraph (1) shall be determined by Presidential Decree. |
| Article 56-2 (Provision of Education to Persons who Cause Serious Traffic Accidents) |
| (1) | If the driver of a vehicle falling under Article 55 (1) 1 or 2 causes a serious traffic accident, he/she shall undergo an education program prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the curriculum shall include traffic safety experience designed to effectively improve drivers' safe driving skills. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (2) | Necessary matters concerning the criteria to determine serious traffic accidents and the provision of education 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 Dec. 29, 2009]
| Article 57 (Survey and Utilization of Traffic Safety Culture Index) |
| (1) | The head of a designated administrative agency may develop, survey and compile an index to measure the level of public awareness of traffic safety or the level of traffic safety culture, related to his/her jurisdictional matters, in an objective manner (hereinafter referred to as "traffic safety culture index") and publicly announce such index. |
| (2) | Where the traffic safety culture index has been published under paragraph (1), a traffic administrative agency may use the results of such index to launch a business to improve traffic facilities and traffic safety culture. <Newly Inserted on Aug. 14, 2018> |
| (3) | Necessary matters concerning subject matters, methods, etc. of survey of a traffic safety culture index shall be determined by Presidential Decree. <Amended on Aug. 14, 2018> |
[Title Amended on Aug. 14, 2018]
| Article 57-2 (Designation of and Support for Traffic Safety Model Cities) |
| (1) | In order to enhance local residents' interest in traffic safety and to introduce and proliferate efficient measures for the prevention of traffic accidents, the head of each designated administrative agency may designate traffic safety model cities. |
| (2) | The head of each designated administrative agency may provide traffic safety model cities designated pursuant to paragraph (1) with subsidies to cover part of the costs of projects, such as projects to improve traffic safety facilities, within budgetary limits. |
| (3) | Criteria and procedures for designating traffic safety model cities referred to in paragraph (1) and other matters necessary therefor shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on May 19, 2011]
| Article 57-3 (Traffic Safety on Roads in Complexes) |
| (1) | A person who installs and manages roads in a complex as prescribed by Presidential Decree (hereinafter referred to as "installer and manager of roads in a complex") shall determine the methods for operating a motor vehicle on roads in the complex. |
| (2) | An installer and manager of roads in a complex shall post the methods for operation determined under paragraph (1) in a manner easily recognizable by motor vehicle drivers using the roads in a complex. |
| (3) | The installer and manager of roads in a complex shall install and manage safety facilities prescribed by Presidential Decree to ensure safe operation of motor vehicles and to protect pedestrians (hereinafter referred to as "traffic safety facilities in a complex"). |
| (4) | The head of a Si/Gun/Gu may have relevant public officials conduct a fact-finding inspection of traffic safety to ensure traffic safety on roads in a complex. In such cases, part of a road defined in subparagraph 1 of Article 2 of the Road Traffic Act, which is connected to a road in a complex (hereinafter referred to as "connection section") may be included in the scope of a fact-finding inspection. |
| (5) | In entering a third person's land to conduct an inspection under paragraph (4), the head of a Si/Gun/Gu shall notify such person of an inspection plan which contains such details as the date of inspection and purpose of inspection at least one month beforehand; and a public official who enters the land and conducts an inspection (including inspectors of a specialized traffic safety agency or organization where a fact-finding inspection on traffic safety prescribed in paragraph (4) is entrusted under Article 59 (3)) shall present a certificate indicating authority therefor and issue a document stating his/her name, time of entry, and purpose of such entry. |
| (6) | The head of a Si/Gun/Gu may take the following measures after conducting a fact-finding inspection under paragraph (4) where necessary. In such cases, he/she shall seek opinions from the installer and manager of roads in a complex before taking such measures: |
| 1. | Recommending that the installer and manager of roads in the complex improve the details of the methods for operation on the roads in a complex, find better places and methods for posting the same, install traffic safety facilities in the complex, and make necessary supplementation of the existing traffic safety facilities; |
| 2. | Improving the connection section or requesting the competent traffic administrative agency to improve the connection section. |
| (7) | The State, etc. shall devise policies on traffic safety on roads in a complex; and may provide a subsidy, within budgetary limits, to assist with the costs required for the installation or supplementation of traffic safety facilities in a complex. |
| (8) | Where an accident caused by a motor vehicle traveling on a road in a complex falls under a serious accident prescribed by Presidential Decree, the installer and manager of the roads in the complex shall notify the head of a Si/Gun/Gu of such accident. |
| (9) | The standards for the operation methods, places and methods of posting, standards for installing and managing traffic safety facilities in a complex, target, procedures, methods, and items of a fact-finding inspection, procedures for gathering consensus, and notification procedures for a serious accident under paragraphs (1) through (8) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Nov. 26, 2019]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 58 (Confidentiality, etc.) |
No person who is or has been engaged in any of the following affairs shall reveal confidential information he/she has obtained in the course of performing his/her duties or use such information for other purposes than performance of his/her duties: Provided, That this shall not apply if any special provisions exist in other statutes: <Amended on Dec. 29, 2009; Jun. 1, 2012; Jan. 17, 2017>
| 1. | Conducting transportation safety inspections under Article 33 (1) and (6); |
| 2. | Performing traffic facility safety diagnoses under Article 34 (1), (3) and (5); |
| 3. | Investigating the cause of a traffic accident under Article 50; |
| 4. | Maintaining and managing traffic accident-related data, etc. under Article 51; |
| 5. | Performing duties concerning tachograph records under Article 55. |
| Article 59 (Delegating Authority and Commissioning Affairs) |
| (1) | The Minister of Land, Infrastructure and Transport or the head of a designated administrative agency may delegate part of the authority under this Act to the head of an agency under his/her control or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | A Mayor/Do Governor may re-delegate part of the authority delegated by the Minister of Land, Infrastructure and Transport or the head of a designated administrative agency under paragraph (1) to the head of a Si/Gun/Gu, upon approval by the Minister or the head of the designated administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport, the head of a traffic administrative agency, or the head of a Si/Gun/Gu may commission part of the affairs under this Act to a specialized traffic safety agency or organization, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 26, 2019; Jun. 9, 2020> |
Any person who intends to obtain registration (including registration of changed matters) as a traffic safety diagnosis agency, apply for a qualification examination for traffic safety supervisors or receive an issuance (including re-issuance) of a qualification certificate of traffic safety supervisor pursuant to this Act shall pay a fee, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 17, 2017; Jun. 9, 2020>
A Mayor/Do Governor shall hold a hearing if he/she intends to take any of the following dispositions: <Amended on Feb. 29, 2008; Jun. 1, 2012; Jan. 17, 2017>
| 1. | Revocation of registration of a traffic safety diagnosis agency pursuant to Article 43; |
| 2. | Revocation of qualification of a traffic safety supervisor pursuant to Article 54 (1). |
| Article 62 (Legal Fiction of Public Officials in Applying Penalty Provisions) |
Executives and employees of any traffic safety diagnosis agency who perform traffic safety diagnoses pursuant to Article 34 (1), (3) and (5) or those of any other specialized traffic safety agency or organization who engage in commissioned affairs pursuant to Article 59 (3) shall be deemed public officials for the purposes of applying Articles 129 through 132 of the Criminal Act. <Amended on Jun. 1, 2012; Jan. 17, 2017>
CHAPTER VII PENALTY PROVISIONS
| Article 63 (Penalty Provisions) |
A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won: <Amended on Jan. 17, 2017; Jun. 9, 2020>
| 1. | A person who performs a traffic facility safety diagnosis without obtaining registration in violation of Article 39 (1); |
| 2. | A person who obtains registration under Article 39 (1) deceitfully or otherwise fraudulently; |
| 3. | A person who allows any third party to use the name or trade name of a traffic safety diagnosis agency or lend the certificate of registration as a traffic safety diagnosis agency to any third party, and a person who uses the name or trade name of a traffic safety diagnosis agency or borrows a certificate of registration of a traffic safety diagnosis agency, in violation of Article 42; |
| 4. | A person who performs a traffic facility safety diagnosis during the period of business suspension after he/she receives the disposition to suspend business under Article 43; |
| 5. | A person who reveals confidential information he/she has obtained in the course of performing duties to any third party or uses such information for a purpose other than performance of his/her duties, in violation of Article 58. |
| Article 64 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or other person employed by, a corporation or an individual commits any violations under Article 63 in connection with the business affairs of the corporation or the individual, the corporation or the individual shall, in addition to punishing the violator accordingly, be punished by a fine under the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision in connection with the relevant business affairs in order to prevent such violations. [This Article Wholly Amended on Apr. 22, 2009]
| Article 65 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Amended on Feb. 29, 2009; Jan. 17, 2017; Mar. 21, 2017; Jun. 9, 2020> |
| 1. | Deleted; <Jun. 1, 2012> |
| 2. | A person who fails to undergo a traffic facility safety diagnosis pursuant to Article 34 (5) or submits a false report on traffic facility safety diagnosis; |
| 3. | A person who fails to install a tachograph under Article 55 (1); |
| 3-2. | A person who arbitrarily manipulates his/her tachograph records in violation of the latter part of Article 55 (2); |
| 4. | A person who fails to install a lane departure warning system pursuant to Article 55-2. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Dec. 29, 2009; Jan. 17, 2017; Dec. 26, 2017; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | A person who fails to submit traffic safety regulations, to comply with such regulations, or to comply with a revision order, in violation of Article 21 (1) through (3); |
| 2. | A person who refuses, obstructs, or evades a transportation safety inspection pursuant to Article 33 (1) or (6); |
| 3. | A person who fails to report or makes a false report, or refuses, obstructs or evades a request for submission of data, or gives a false statement to a question asked by a relevant public official, in violation of Article 33 (3); |
| 4. | A person who fails to report or makes a false report under Article 40 (1); |
| 5. | A person who suspends, resumes or closes down traffic facility safety diagnosis services without making a report, or makes a false report, in violation of Article 40 (2); |
| 6. | A person who fails to report or makes a false report, or refuses, obstructs, or evades a request for submission of data, in violation of Article 47 (1); |
| 7. | A person who refuses, obstructs, or evades an examination or inspection, or gives a false statement to a question, under Article 47 (1); |
| 8. | A person who fails to maintain and manage traffic accident-related data, etc., in violation of Article 51 (2); |
| 9. | A person who fails to provide traffic accident-related data, etc., in violation of Article 51 (3); |
| 9-2. | A person who fails to designate persons in charge of traffic safety in violation of Article 54-2 (1); |
| 9-3. | A person who fails to provide training in violation of Article 54-2 (2); |
| 10. | A person who fails to maintain tachograph records or to submit them to a traffic administrative agency, in violation of Article 55 (2); |
| 11. | A person who fails to undergo an education program in violation of Article 56-2 (1); |
| 12. | A person who fails to post the methods for operation, in violation of Article 57-3 (2); |
| 13. | A person who fails to give notification of a serious accident, in violation of Article 57-3 (8). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed or collected by the Minister of Land, Infrastructure and Transport, the head of a traffic administrative agency, or the head of a Si/Gun/Gu as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 26, 2019; Jun. 9, 2020> |
| (4) | Deleted. <Apr. 22, 2009> |
| (5) | Deleted. <Apr. 22, 2009> |
| (4) | Deleted. <Apr. 22, 2009> |
[Enforcement Date: Nov. 27, 2022] Article 65 (2) 12
ADDENDA <Act No. 8121, Jun. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008: Provided, That Articles 34 through 38, 45 through 47, 65 (1) shall enter into force on July 1, 2008. Article 2 (Transitional Measures concerning Traffic Safety Policy Deliberative Committee, etc.)
The Traffic Safety Policy Deliberative Commission and a traffic safety committee established under the former provisions as at the time this Act enters into force shall be deemed the National Traffic Commission and a City/Do traffic safety committee established under this Act.
Article 3 (Transitional Measures concerning Basic Plans for Traffic Safety, etc.)
| (1) | Basic plans for traffic safety established under the former provisions as at the time this Act enters into force shall be deemed basic plans for national traffic safety under this Act. |
| (2) | Basic plans for traffic safety and detailed implementation plans for traffic safety established under the former provisions as at the time this Act enters into force shall take effect until implementation plans for national traffic safety and implementation plans for regional traffic safety are to be established under this Act. |
Article 4 (Transitional Measures concerning Performance, etc. of Traffic Safety Diagnosis)
Any traffic safety diagnosis in progress pursuant to the former provisions of Article 21-2 as at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Articles 34 through 38 and 46. Article 5 (Transitional Measures concerning Qualification of Traffic Safety Supervisors)
A person who has passed a qualification examination for traffic safety supervisors administered by the Minister of Construction and Transportation pursuant to the former provisions of Article 7-2 (2) as at the time this Act enters into force shall be deemed to have passed a qualification examination under Article 53-2 of this Act, and a qualification certificate of traffic safety supervisor under the former provisions of Article 7-2 (2) shall be deemed a qualification certificate of traffic safety supervisor under Article 53 (2) of this Act. Article 6 (Transitional Measures concerning Administrative Fines, etc.)
The imposition of administrative fines on any act committed before this Act enters into force and the collection thereof shall be governed by the former provisions.
Article 7 (Relations to other Acts)
A citation of the former Traffic Safety Act or provisions thereof by any other Act in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions hereof in lieu of the former provision, if such corresponding provisions exist herein.
ADDENDA <Act No. 8852, Feb. 29, 2008>
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. 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. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 9635, Apr. 22, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 34 (3) through (5) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9636, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9772, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 9866, Dec. 29, 2009>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 55 (1) shall enter into force on the date separately determined by Presidential Decree for each transport business entity from the date this Act enters into force until the end of the year 2013.
ADDENDUM <Act No. 10664, May 19, 2011>
This Act shall enter into force three months after its promulgation.
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. <Proviso Omitted>
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11469, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012.
Article 2 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the imposition and collection of administrative fines upon and from persons who fail to receive traffic safety diagnoses or fail to submit traffic safety diagnosis reports under the former provisions of Article 35 before January 1, 2012.
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. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDUM <Act No. 13678, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13788, Jan. 19, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14116, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 55 Omitted.
ADDENDA <Act No. 14538, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 17 (2) shall enter into force on the date of its promulgation; the amended provisions of subparagraph 1 of Article 41 and Article 53 (3) 1, on the date of promulgating the partially amended Traffic Safety Act (Act No. 14712); the amended provisions of Articles 55 (4) 4, 55-2, and 65 (2) 11, six months after the date of its promulgation; and the amended provisions of Article 65 (1) 4, on January 1, 2020. <Amended by Act No. 14712, Mar. 21, 2017> Article 2 (Applicability to Safety Diagnoses of Traffic Facilities before Commencement of Use Thereof)
The amended provisions of Article 34 (3) shall apply where a traffic facility safety diagnosis pursuant to the amended provisions of paragraph (1) of the same Article is conducted for the relevant traffic facility after this Act enters into force. Article 3 (Transitional Measures concerning Traffic Safety Diagnoses)
With respect to any traffic safety diagnosis or special traffic safety diagnosis under progress pursuant to the previous provisions of Articles 34 and 36 as at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Articles 34, 36 and 37. Article 4 (Transitional Measures concerning General Traffic Safety Diagnosis Agencies)
Any general traffic safety diagnosis agency registered pursuant to the previous provisions of Article 39 (1) as at the time this Act enters into force shall be deemed a traffic safety diagnosis agency registered pursuant to the amended provisions of Article 39 (1). Article 5 (Transitional Measures concerning Incompetents, etc.)
The person under adult guardianship or under limited guardianship pursuant to the amended provisions of subparagraph 1 of Article 41 and Article 53 (3) 1 shall be construed as including any person for whom the declaration of incompetency or quasi-incompetency remains valid pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429). Article 6 (Transitional Measures concerning Installation of Lane Departure Warning Systems)
With respect to any vehicle already sold and in service, which is not equipped with a lane departure warning system or does not meet the standards for installation thereof, as at the time the amended provisions of Article 55-2 enter into force, a person falling under Article 55 (1) 1 or 2 shall ensure that the vehicle is equipped with a lane departure warning system pursuant to the said amended provisions or meets the standards for installation thereof by no later than December 31, 2019.
ADDENDUM <Act No. 14712, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 1 of the Addenda to the partially amended Traffic Safety Act (Act No. 14538) shall enter into force on the date of its promulgation, and the amended provisions of Article 43 of the partially amended Traffic Safety Act (Act No. 14538) shall enter into force on January 18, 2018.
ADDENDUM <Act No. 14940, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15311, Dec. 26, 2017>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 65 (2) 9-2 and 9-3 shall enter into force on January 1, 2020.
ADDENDA <Act No. 15530, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 15726, Aug. 14, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16629, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 49 shall enter into force six months after the date of its promulgation and those of Article 65 (2) 12 shall enter into force three years after the date of its promulgation. Article 2 (Applicability to Installation and Management of Traffic Safety Facilities in Complexes)
The amended provisions of Article 57-3 (3) shall begin to apply to a road in a complex installed or re-installed after this Act enters into force.
ADDENDA <Act No. 17445, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Article 2 (Transitional Measures concerning Installation of Tachographs)
An operator of a school bus for children already in operation as at the time this Act enters into force shall complete the installation of a tachograph, which meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, by December 31, 2022 under the main clause of Article 55 (1).
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)