CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote and support the commercialization of autonomous vehicles, by prescribing matters necessary for introducing and widely selling autonomous vehicles as well as for establishing, supporting, etc. the foundation for the safe operation of such vehicles, thereby contributing to improving the people’s living environment and to developing the national economy.
| (1) | The terms used in this Act are defined as follows: <Amended on Jun. 9, 2020; Jul. 27, 2021> |
| 2. | The term “autonomous driving system” means automation equipment, software, and all devices related thereto that enable a motor vehicle to operate by perceiving and evaluating surrounding conditions, road information, etc. by itself without any operation by its driver or passengers; |
| 4. | The term “high definition road map” means a high definition electronic map that includes location information, such as roads, to be used for the operation of autonomous vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, being the survey results defined in subparagraph 8 of Article 2 of the Act on the Establishment and Management of Spatial Data; |
| 5. | The term “pilot operation zone for autonomous vehicles” means an area to which regulatory exceptions apply to promote research on, and pilot operation of, autonomous vehicles, which is designated under Article 7; |
| 6. | The term “regulatory exception” means relaxing or removing regulation or devolving regulatory authority, being matters prescribed in Articles 9 through 13; |
| 7. | The term "cooperative autonomous driving certification" means the act of identifying and proving the components of road traffic, such as motor vehicles and roadside equipment, in order to secure the safety and reliability of communications, etc. arising in the course of cooperative autonomous driving; |
| 8. | The term "certificate" means electronic information for cooperative autonomous driving certification; |
| 9. | The term "cooperative autonomous driving certification affairs" means the business of providing cooperative autonomous driving certification services, such as cooperative autonomous driving certification and the issuance, management, and abolition of certificates; |
| 10. | The term "certification institution" means an institution designated under Article 28 (1), which conducts cooperative autonomous driving certification affairs; |
| 11. | The term "subscriber" means an owner or manager of a motor vehicle, roadside equipment, etc. which has been issued a certificate from a certification institution. |
| (2) | Types of autonomous vehicles shall be classified as follows, but the vehicles may be sub-classified, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Jun. 9, 2020> |
| 1. | A partially autonomous vehicle: An autonomous vehicle that requires intervention by the driver or passengers, since its autonomous driving system alone cannot enable it to self-drive or it requires constant attention from the driver; |
| 2. | A fully autonomous vehicle: An autonomous vehicle that has no driver or does not require intervention by the driver or passengers, since its autonomous driving system alone can enable it to self-drive. |
| Article 3 (Relationship to Other Statutes) |
This Act shall prevail over other statutes regarding regulatory exceptions in pilot operation zones for autonomous vehicles designated under Article 7: Provided, That where more lenient provisions exist in any other statute than regulatory exceptions prescribed in this Act, such provisions shall govern.
CHAPTER II PROMOTION OF USE OF AUTONOMOUS MOTOR VEHICLE
| Article 4 (Establishment of Master Plans) |
| (1) | To introduce and disseminate autonomous vehicles and to develop an autonomous-driving-based transport logistics system, the Minister of Land, Infrastructure and Transport shall formulate a master plan for autonomous-driving-based transport logistics systems that includes the following (hereinafter referred to as “master plan”), every five years: <Amended on Jul. 27, 2021> |
| 1. | Basic direction-setting for, and objectives of, policies to support autonomous-driving-based transport and logistics systems; |
| 2. | Research and development plans for infrastructure to support the safety and operation of autonomous vehicles, as well as for autonomous-driving-based transport and logistics systems; |
| 3. | Building a cooperative autonomous driving system as well as high definition road maps; |
| 4. | International cooperation related to infrastructure to support the safety and operation of autonomous vehicles, as well as to autonomous-driving-based transport and logistics systems; |
| 5. | Any other matters prescribed by Presidential Decree in relation to autonomous-driving-based transport and logistics systems. |
| (2) | When intending to formulate a master plan pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall first hear from the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). The same shall also apply when the Minister intends to amend (excluding minor amendment prescribed by Presidential Decree) a master plan formulated. <Amended on Jun. 9, 2020> |
| (3) | To formulate a master plan, the Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions (referring to public institutions prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), or the heads of relevant institutions, organizations, etc. to submit relevant data and information. In such cases, the heads of institutions or organizations so requested shall comply with such request unless there is a compelling reason not to do so. |
| (4) | The Minister of Land, Infrastructure and Transport may formulate and implement an annual implementation plan based on a master plan formulated pursuant to paragraph (1). |
| (5) | Matters necessary for, among other things, formulating and amending a master plan referred to in paragraph (1) and an annual implementation plan referred to in paragraph (4) shall be prescribed by Presidential Decree. |
| Article 5 (Status Surveys Relating to Autonomous Vehicles) |
| (1) | To effectively formulate and implement policies for autonomous-driving-based transport and logistics, the Minister of Land, Infrastructure and Transport may conduct a status survey on research and development, operation, utilization, etc. of autonomous-driving-based transport and logistics systems, a cooperative autonomous driving system, etc. each year, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 27, 2021> |
| (2) | If necessary to conduct a status survey under paragraph (1), the Minister of Land, Infrastructure and Transport may request the heads of relevant public institutions or the heads of institutions or organizations related to autonomic driving motor vehicles to submit data. |
| (3) | Matters necessary for, among other things, the method and objects of status surveys referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 6 (Designating Safe Autonomous Driving Sections) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a section for safe autonomous driving (hereinafter referred to as “safe autonomous driving section”) in a motorway referred to in Article 48 (1) of the Road Act, based on such considerations as infrastructure to support the operation of autonomous vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Upon designating a safe autonomous driving section under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the heads of relevant agencies, such as the competent road management authority and City/Do police agency having jurisdiction over the section, and drivers, etc. of autonomous vehicles traveling in the section of the fact of such designation. The same shall also apply to any modification or rescission of such designation. <Amended on Dec. 22, 2020> |
| (3) | To expand safe autonomous driving sections, secure the reliability thereof, etc., the Minister of Land, Infrastructure and Transport may take necessary measures, such as improving, maintaining, or repairing road facilities and preferentially establishing a cooperative autonomous driving system; or may require the heads of relevant agencies, such as the competent road management authority and City/Do police agency having jurisdiction over the section, to take necessary measures, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 22, 2020; Jul. 27, 2021> |
| (4) | A person who manufactures, assembles, imports, or manages autonomous vehicles shall reflect the status of designation of safe autonomous driving sections in relevant autonomous driving systems. |
| Article 7 (Designating Pilot Operation Zones) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a pilot operation zone for autonomous vehicles (hereinafter referred to as “pilot operation zone”), subject to deliberation and resolution by the Committee on Pilot Operation Zones for Autonomous Vehicles established under Article 16, upon receipt of application from the Mayor/Do Governor who intends to operate a pilot operation zone. The same shall also apply to any modification or rescission of such designation: Provided, That any minor modification prescribed by Presidential Decree need not be subject to deliberation by the Committee on Pilot Operation Zones for Autonomous Vehicles. |
| (2) | Upon designating, modifying, or rescinding a designation of a pilot operation zone under paragraph (1), the Minister of Land, Infrastructure and Transport shall give public notice of the details thereof via the Official Gazette; and shall notify the Mayor/Do Governor who has applied for such designation or modification or rescission of the designation thereof, as prescribed by Presidential Decree. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for designating, modifying, or rescinding a designation of a pilot operation zone shall be prescribed by Presidential Decree. |
| Article 8 (Operating and Managing Pilot Operation Zones) |
| (1) | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") having jurisdiction over an area designated and publicly notified as a pilot operation zone may determine, by ordinance, matters necessary for operating the pilot operation zone designated and publicly notified under Article 7 (1). |
| (2) | To support and manage designated pilot operation zones, the Minister of Land, Infrastructure and Transport may organize and operate a consultative body on pilot operation zones comprised of the competent Mayor/Do Governor, the competent road management authority, the commissioner of the competent City/Do police agency, etc. In such cases, matters necessary for organizing, operating, etc. the consultative body shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
| Article 9 (Special Cases regarding Onerous Transportation of Passengers) |
| (2) | A person who intends to engage in onerous transportation in a pilot operation zone using autonomous vehicles under paragraph (1) shall obtain permission from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may impose conditions necessary for ensuring traffic safety, maintaining transport order, etc. |
| (3) | Notwithstanding Article 4 of the Passenger Transport Service Act, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor having jurisdiction over a pilot operation zone may issue a restricted transport license to a person who intends to operate a route in the pilot operation zone using autonomous vehicles, as prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport or the Mayor/Do Governor having jurisdiction over a pilot operation zone shall determine and publicly announce, in advance, the requirements and procedures for issuing a restricted transport license under paragraph (3) and other necessary matters. |
| Article 10 (Special Cases regarding Trucking Transport Service) |
Any person who intends to transport freight using an autonomous vehicle in a pilot operation zone for a fee shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, Article 3 of the Trucking Transport Business Act shall not apply.
| Article 11 (Special Cases regarding Safety Standards for Motor Vehicles) |
Any autonomous vehicle made difficult to conform to the safety standards for motor vehicles or the safety standards for parts referred to in Article 29 (1) and (2) of the Motor Vehicle Management Act due to its structural features prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as its steering system, brake system, or seats, may be operated in a pilot operation zone upon approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport may impose conditions necessary for ensuring safety, etc.
| Article 12 (Special Cases regarding Intelligent Transport System Standards) |
| Article 13 (Special Cases regarding Road Facilities) |
| (1) | Notwithstanding Article 31 (1) of the Road Act, a person other than the competent road management authority may conduct road works, and maintain and manage a road necessary for autonomous driving in a pilot operation zone. In such cases, such person shall obtain permission from the competent road management authority, as prescribed by Presidential Decree. |
| (2) | Types of road works and those of maintenance and management of a road necessary for autonomous driving referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 14 (Promptly Verifying Regulation) |
| (1) | A person who intends to operate an autonomous vehicle in a pilot operation zone may request the Minister of Land, Infrastructure and Transport to verify the application, interpretation, etc. of the statutes and regulations governing the operation of such vehicles (hereinafter referred to as “verification of regulation”). |
| (2) | Upon receiving a request for verification of regulation under paragraph (1), the Minister of Land, Infrastructure and Transport may verify regulation within the scope of his or her authority. In such cases, the Minister shall reply to the relevant person within 30 days after receipt of such request. |
| (3) | Where a request made under paragraph (1) falls within the jurisdiction of another administrative agency, the Minister of Land, Infrastructure and Transport shall notify the head of such administrative agency thereof. |
| (4) | The head of the relevant administrative agency shall examine the relevant request and reply to both the person who has made the request and the Minister of Land, Infrastructure and Transport regarding the results of such examination within 30 days after receipt of notification under paragraph (3). |
| (5) | Where a request to supplement data is made to a person who has requested verification of regulation to examine matters regarding verification of regulation under paragraph (2) or (4), the period required for such supplementation shall be excluded from the relevant period. <Amended on Jun. 9, 2020> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for verification of regulation shall be prescribed by Presidential Decree. |
| Article 15 (Barring Application of Regulatory Exceptions) |
| (1) | Where a person granted a regulatory exception in a pilot operation zone falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may bar the application of the regulatory exception, subject to deliberation and resolution by the Committee on Pilot Operation Zones for Autonomous Vehicles established under Article 16: Provided, That if a person falls under subparagraph 1, the Minister shall bar the application of the relevant regulatory exception: |
| 1. | Where the person obtains permission or approval under Articles 9 through 13 by fraud or other improper means; |
| 2. | Where the person causes harm to another person or causes a traffic hazard due to research on or pilot operation of an autonomous vehicle. |
| Article 16 (Organization of the Committee) |
| (1) | To deliberate and decide on policies and important matters regarding pilot operation zones for autonomous vehicles, the Committee on Pilot Operation Zones for Autonomous Vehicles (hereinafter referred to as the “Committee”) shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport. |
| (2) | The Committee shall deliberate on and determine upon the following matters: |
| 1. | Basic policies and systems regarding pilot operation zones; |
| 2. | Designating, modifying, or rescinding a designation of pilot operation zones; |
| 3. | Barring the application of regulatory exceptions under Article 15; |
| 4. | Evaluating the operation of pilot operation zones under Article 17; |
| 5. | Coordinating opinions among the heads of central administrative agencies and the heads of local governments related to pilot operation zones; |
| 6. | Any other matters prescribed by Presidential Decree, which are necessary for designating, operating, etc. pilot operation zones. |
| (3) | The Committee shall be comprised of up to 20 members, including two chairpersons. |
| (4) | The Minister of Land, Infrastructure and Transport shall serve as one chairperson; a person elected from among the nongovernmental members specified in subparagraph 1 shall serve as the other chairperson; and the following persons shall serve as members of the Committee: |
| 1. | Nongovernmental members: Persons commissioned by the Minister of Land, Infrastructure and Transport from among persons with substantial knowledge of and experience in the field of autonomous vehicles; |
| 2. | Governmental members: Vice Ministers or vice-ministerial level public officials of relevant central administrative agencies prescribed by Presidential Decree. |
| (5) | Where an ordinance of a City/Do related to research on and pilot operation of autonomous vehicles in a pilot operation zone is deemed manifestly unreasonable, the Committee may submit its opinions on the amendment, abolition, etc. of such ordinance to the relevant local council. |
| (6) | Except as provided in this Act, matters necessary for comprising and operating the Committee and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER III CREATING ENVIRONMENT FOR USE OF AUTONOMOUS MOTOR VEHICLES
| Article 17 (Evaluation of Operation of Pilot Operation Zones) |
| (1) | The Minister of Land, Infrastructure and Transport may evaluate the operation of pilot operation zones regularly or occasionally. |
| (2) | If necessary for evaluation under paragraph (1), the Minister of Land, Infrastructure and Transport may request the competent Mayor/Do Governor to submit relevant data. In such cases, the competent Mayor/Do Governor shall comply with such request unless there is a compelling reason not to do so. |
| (3) | The Minister of Land, Infrastructure and Transport shall notify the competent Mayor/Do Governor of the evaluation results finalized after deliberation and resolution by the Committee; and may recommend improvement measures based on the evaluation results. In such cases, the competent Mayor/Do Governor shall take the measures unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), such matters as the standards, methods, and procedures for operating pilot operation zones shall be prescribed by Presidential Decree. |
| Article 18 (Duty to Manage Facilities) |
To ensure the seamless operation of autonomous vehicles, the Mayor/Do Governor having jurisdiction over a pilot operation zone shall maintain and manage facilities relating to research on and pilot operation of autonomous vehicles, such as roads and signal apparatuses within the pilot operation zone, as prescribed by ordinance of the relevant City/Do.
| Article 19 (Duty to Purchase Insurance) |
A person who conducts research on or pilot operation of autonomous vehicles in a pilot operation zone shall purchase insurance prescribed by Presidential Decree (hereinafter referred to as “liability insurance”) to compensate for personal and property damage that may occur as a result of such research or pilot operation.
| Article 20 (Barring Application of Other Statutes and Regulations to Anonymized Personal Information) |
| 3. | Information prescribed by Presidential Decree, equivalent to that specified in subparagraphs 1 and 2. |
| Article 21 (Establishing Cooperative Autonomous Driving Systems) |
To ensure the seamless operation of autonomous vehicles in safe autonomous driving sections and pilot operation zones, the Minister of Land, Infrastructure and Transport may establish and operate a cooperative autonomous driving system, as prescribed by Presidential Decree. <Amended on Jul. 27, 2021>
[Title Amended on Jul. 27, 2021]
| Article 22 (Building and Updating High Definition Road Maps) |
| (1) | The Minister of Land, Infrastructure and Transport may build and update high definition road maps to promote the commercialization of autonomous vehicles, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may provide high definition road maps built under paragraph (1) free of charge to facilitate civilian use of the maps. |
| (3) | Where necessary to update a high definition road map, such as changing road routes, and any matters prescribed by Presidential Decree have been modified in an area under its jurisdiction, the relevant road management authority shall notify the Minister of Land, Infrastructure and Transport of such fact, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 23 (Administrative and Financial Support) |
To introduce and widely sell autonomous vehicles and to develop autonomous-driving-based transport and logistics systems, the Minister of Land, Infrastructure and Transport may provide necessary administrative, financial, and technical support or may grant loans, etc. prescribed in finance-related statutes to local governments, institutions, trade associations, business entities, etc. that implement the following projects, as prescribed by Presidential Decree:
| 1. | A research and development project for infrastructure to support the safety and operation of autonomous vehicles, or for autonomous-driving-based transport and logistics systems; |
| 2. | A project to install and operate facilities necessary for operating autonomous vehicles; |
| 3. | A project necessary for developing industries related to infrastructure to support the safety and operation of autonomous vehicles and autonomous-driving-based transport and logistics systems; |
| 4. | Any other project necessary for developing autonomous-driving-based transport and logistics systems, which is prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 24 (Technology Development Support Policies) |
| (1) | To promote technological development related to infrastructure to support the safety and operation of autonomous vehicles and autonomous-driving-based transport and logistics systems, the Minister of Land, Infrastructure and Transport may formulate and implement support policies for the following matters: |
| 1. | Collection and provision of information on domestic and foreign technological development related to infrastructure to support the safety and operation of autonomous vehicles and autonomous-driving-based transport and logistics systems; |
| 2. | Research on, development, etc. of key technologies related to infrastructure to support the safety and operation of autonomous vehicles and autonomous-driving-based transport and logistics systems. |
| (2) | To promote technological development under paragraph (1), the Minister of Land, Infrastructure and Transport may have any of the following persons implement a research and development project: |
| 1. | A national or public research institute; |
| 8. | An institution, organization, or business entity prescribed by Presidential Decree, relating to autonomous vehicles. |
| Article 25 (Training of Specialized Human Resources) |
| (1) | The Minister of Land, Infrastructure and Transport shall endeavor to train specialized human resources necessary for developing infrastructure to support the safety and operation of autonomous vehicles and autonomous-driving-based transport and logistics systems. |
| (2) | To train specialized human resources under paragraph (1), the Minister of Land, Infrastructure and Transport may designate a university, college, industrial college, junior college, or technical college defined in Article 2 of the Higher Education Act or a research institute, institution, or organization established for research activities, etc. relating to autonomous vehicles as training institutions for specialized human resources to have them provide education and training. |
| (3) | Where the designated training institution for specialized human resources under paragraph (2) falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may revoke such designation: Provided, That if the person falls under subparagraph 1, the Minister shall revoke such designation: |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | If the institution for training professional human resources no longer meets the requirements for designation; |
| 3. | Where the training institution fails to train specialized human resources for at least one year without good cause. |
| (4) | The Minister of Land, Infrastructure and Transport may provide necessary assistance, within the budget, to training institutions for specialized human resources designated under paragraph (2), as prescribed by Presidential Decree. |
| (5) | Matters necessary for the criteria, procedures, etc. for designating training institutions for specialized human resource prescribed in paragraph (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 27, 2021> |
| Article 26 (Overseas Expansion and International Cooperation) |
| (1) | To promote international cooperation and entry into overseas markets in relation to infrastructure to support the safety and operation of autonomous vehicles and autonomous-driving-based transport and logistics systems, the Minister of Land, Infrastructure and Transport may subsidize international exchanges of relevant technologies and human resources, participation in international exhibitions, international standardization, international joint research and development, and other activities. |
| (2) | The Minister of Land, Infrastructure and Transport may request the institutions or organizations prescribed by Presidential Decree to perform projects prescribed in paragraph (1), and may provide necessary budget support thereto. |
CHAPTER IV COOPERATIVE AUTONOMOUS DRIVING CERTIFICATION TO ENSURE SAFETY OF AUTONOMOUS VEHICLES
| Article 27 (Establishment and Operation of Cooperative Driving Certification Management Centers) |
| (1) | The Minister of Land, Infrastructure and Transport shall conduct the following duties to ensure the safety and reliability of the cooperative autonomous driving certification: |
| 1. | Management and supervision of the certification institutions designated under Article 28 and the verification institutions designated under Article 29; |
| 2. | Inspection on the implementation of safety measures under Article 34 (1); |
| 3. | Development and dissemination of technology related to cooperative autonomous driving certification, and research on standardization thereof; |
| 4. | Research of systems related to the cooperative autonomous driving certification and support for international cooperation; |
| 5. | Other matters necessary to manage cooperative autonomous driving certification. |
| (2) | The Minister of Land, Infrastructure and Transport may establish and operate a cooperative autonomous driving certification management center (hereinafter referred to as "certification management center") to efficiently conduct affairs provided in paragraph (1). |
| (3) | The Minister of Land, Infrastructure and Transport may entrust the establishment and operation of a certification management center to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act. |
| (4) | Other matters necessary for the establishment, operation, etc. of a certification management center shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2021]
[Previous Article 27 moved to Article 41 <Jul. 27, 2021>]
| Article 28 (Designation of Certification Agency) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a person who is deemed able to safely and reliably conduct cooperative autonomous driving certification affairs as a certification institution, as prescribed by Presidential Decree. |
| (2) | Persons entitled to be designated as certification institutions shall be limited to local governments, public institutions, or corporations: Provided, That none of the following persons shall be designated as a certification institution: |
| 1. | A corporation any executive officer of which falls under any of the following items: |
| (a) | A person in whose case two years have not passed since imprisonment without labor or any heavier punishment, to which he or she was sentenced, was completely executed (or is deemed to have been completely executed) or was remitted; |
| (b) | A person who was sentenced to the suspension of imprisonment without labor or any heavier penalty and is still in the period of grace; |
| (c) | A person who is disqualified or whose qualification is suspended according to a decision by a court or pursuant to another statute; |
| (d) | A person who was an executive officer of a corporation at the time the designation of the corporation was canceled under Article 32 and for whom two years have not passed since the designation as such corporation was canceled; |
| 2. | A person for whom two years have not yet elapsed after the revocation of designation under Article 32. |
| (3) | An entity intending to be designated as a certification institution shall meet the designation standards prescribed by Presidential Decree for technical and financial capabilities, facilities and equipment, etc. |
| (4) | A certification institution may collect fees related to certification, as prescribed by the certification management standards under Article 30. |
| (5) | An amount corresponding to the ratio determined by the certification management standards pursuant to Article 30 out of the fees collected pursuant to paragraph (4) shall be vested in an institution entrusted pursuant to Article 27 (3) and a verification institution under Article 29, respectively, and the remaining amount shall be vested in a certification institution. |
[This Article Newly Inserted on Jul. 27, 2021]
[Previous Article 28 moved to Article 42 <Jul. 27, 2021>]
| Article 29 (Designating Verification Institutions) |
| (1) | The Minister of Land, Infrastructure and Transport may designate as a verification agency a person deemed capable of detecting, determining, and managing any abnormality of information generated in the course of cooperative autonomous driving. |
| (3) | The criteria and procedures for designation of a verification institution, methods of performing duties, such as methods of verification, criteria and procedures for verifying any abnormality of information, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2021]
[Previous Article 29 moved to Article 43 <Jul. 27, 2021>]
| Article 30 (Cooperative Autonomous Driving Certification Management Standards) |
The Minister of Land, Infrastructure and Transport shall determine and publicly notify cooperative autonomous driving certification standards including the following matters to ensure the safety and reliability of cooperative autonomous driving certification affairs:
| 1. | Methods and procedures of cooperative autonomous driving certification affairs; |
| 2. | Matters concerning the effective period of the certificate; |
| 3. | Matters concerning facility standards for certification institutions and methods of managing information; |
| 4. | Types, rates, amounts, etc. of fees; |
| 5. | Other matters concerning the operation and management of certificates, and cooperative autonomous driving certification affairs. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 31 (Rules for Cooperative Autonomous Driving Certification Affairs) |
| (1) | A certification institution shall, before commencing cooperative autonomous driving certification affairs, formulate rules for cooperative autonomous driving certification affairs including the following matters (hereinafter referred to as "rules for certification affairs") in accordance with the certification management standards, report the rules to the Minister of Land, Infrastructure and Transport, and comply therewith: |
| 2. | Methods and procedures for cooperative autonomous driving certification affairs; |
| 3. | Methods of managing and publicly announcing information related to cooperative autonomous driving certification affairs; |
| 4. | Standards for facilities and equipment and the methods for the protection thereof with respect to cooperative autonomous driving certification affairs; |
| 5. | Matters concerning the methods of taking measures, such as purchasing insurance or joining a mutual aid organization, or accumulating reserves, and the liability for damages under Article 39 (2); |
| 6. | Matters concerning the protection of personal information of subscribers; |
| 7. | Other matters necessary for conducting cooperative autonomous driving certification affairs. |
| (2) | Where a certification institution changes any matter reported pursuant to paragraph (1), it shall report such change to the Minister of Land, Infrastructure and Transport within the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Upon receipt of a report under paragraph (1) or a report on modification under paragraph (2), the Minister of Land, Infrastructure and Transport shall review the details thereof and accept the report or report on modification if it meets the certification management standards. |
| (4) | If any content of the rules for certification affairs reported pursuant to paragraph (1) violates the certification management standards, the Minister of Land, Infrastructure and Transport may order the relevant certification institution to amend the rules for certification affairs within the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Matters necessary for the procedures for and methods of filing a report on, or a report on modification of, the rules for certification affairs shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 32 (Suspension of Cooperative Autonomous Driving Certification Affairs and Revocation of Designation) |
| (1) | Where any certification institution falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the designation of such certification institution or may order such certification institution to completely or partially suspend cooperative autonomous driving certification affairs for a period not exceeding six months: Provided, That the Minister of Land, Infrastructure and Transport shall revoke the designation in cases falling under subparagraphs 1 through 4 and 8: |
| 1. | Where the certification institution has obtained designation under Article 28 by fraud or other improper means; |
| 2. | Where the certification institution conducts cooperative autonomous driving certification affairs during a period of business suspension, in violation of an order for it to suspend its business issued under this Article; |
| 3. | If the certification institution fails to meet the standards under Article 28 (3) (excluding where the certification institution meets the standards within six months from the date it ceases to meet the standards); |
| 4. | Where an executive officer of the certification institution falls under any of the items of Article 28 (2) 1 (excluding where such executive officer is replaced with a new one within six months from the date when he or she has any grounds for disqualification); |
| 5. | Where the certification institution fails to commence cooperative autonomous driving certification affairs within three months from the date of designation pursuant to Article 28 or fails to conduct such affairs for at least three consecutive months; |
| 6. | Where the certification institution fails to comply with an order to amend the rules for certification affairs under Article 31 (4); |
| 7. | Where the certification institution fails to comply with a corrective order issued under Article 33 without good cause; |
| 8. | Where the certification institution voluntarily applies for revocation of designation. |
| (2) | A certification institution the designation of which is revoked under paragraph (1) shall transfer information related to a certificate which ceases to be effective under subparagraph 2 of Article 36 to a certification institution or certification management center designated by the Minister of Land, Infrastructure and Transport, with consent from the subscriber. |
| (3) | The criteria and procedures for dispositions referred to in paragraph (1) shall be prescribed by Presidential Decree and matters necessary for transfer provided in paragraph (2) by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 33 (Corrective Orders) |
The Minister of Land, Infrastructure and Transport may order a certification institution to take corrective measures within a specified period, as prescribed by Presidential Decree, if any of the following is applicable to that certification institution:
| 1. | Where the certification institution fails to comply with the matters provided in the certification management standards; |
| 2. | Where a certification institution fails to file a report or a report on modification under Article 31 or where it fails to observe the rules for certification affairs that have been reported and accepted; |
| 3. | Where the certification institution fails to implement safety measures under Article 34 (1) or its safety measures are insufficient; |
| 4. | Where the certification institution fails to formulate a plan for the prevention of and response to failures referred to in Article 35 (1) or fails to report on the occurrence of failures referred to in Article 35 (4); |
| 5. | Where the certification institution fails to abolish the relevant certificate or to take measures to verify the fact thereof as prescribed in Article 37 (2), despite the occurrence of any of the causes prescribed in the subparagraphs of paragraph (1) of the same Article; |
| 6. | Where the certification institution fails to take necessary measures, such as failing to purchase an insurance policy or to subscribe to a mutual aid fund under Article 39 (2) or to accumulate reserves. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 34 (Duty to Take Safety Measures for Facilities and Equipment) |
| (1) | A certification institution shall take technical, managerial, and physical measures (hereinafter referred to as "safety measures"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to ensure the safety of facilities and equipment relating to cooperative autonomous driving certification affairs. |
| (2) | A certification institution shall regularly inspect the safety measures referred to in paragraph (1) each year and report the result to the Minister of Land, Infrastructure and Transport. |
| (3) | Where the Minister of Land, Infrastructure and Transport deems it necessary to ascertain whether a certification institution implements safety measures, he or she may require the relevant certification institution to submit related data or have related public officials gain access to the office, place of business, or other necessary places of the certification institution to inspect such facilities, equipment, books, documents, or other articles. |
| (4) | A public official who intends to conduct an inspection under paragraph (3) shall notify the certification institution subject to inspection of an inspection plan including the date, time, purpose, details, etc. of inspection no later than seven days before the inspection: Provided, That this shall not apply, in cases of emergency or where it is deemed that advance notice would make it impossible to attain the purpose of inspection. |
| (5) | The procedures and methods for reporting the result of inspection under paragraph (2), the submission of data, procedures and methods for inspection under paragraph (3), notification of inspection plans under paragraph (4), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 35 (Plan for Prevention of and Response to Failures in Conducting Cooperative Autonomous Driving Certification Affairs) |
| (1) | A certification institution shall formulate a plan for the prevention of and response to failures, including risk detection and control measures, in order to perform cooperative autonomous driving certification affairs in a stable manner. |
| (2) | A certification body that formulates a plan for the prevention of and response to failures pursuant to paragraph (1) shall submit the formulated plan to the Minister of Land, Infrastructure and Transport without delay. |
| (3) | After reviewing the plan for the prevention of and response to failures submitted under paragraph (2), where it is necessary to revise or supplement the plan, the Minister of Land, Infrastructure and Transport may request the relevant certification institution to do so. In such cases, the certification institution shall comply with such request for amendment or supplementation, unless there is a compelling reason not to do so. |
| (4) | Where there occurs a failure in cooperative autonomous driving certification affairs, it shall without delay report such fact to the Minister of Land, Infrastructure and Transport and prepare measures to promptly recover from such failure. |
| (5) | Other necessary matters, such as the formulation of a plan for the prevention of and response to failures in conducting cooperative autonomous driving certification affairs, and methods of and procedures for recovery from failures shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 36 (Extinction of Effect of Certificates) |
A certificate shall lose its effect if any of the following causes arises:
| 1. | Where the effective period of the certificate expires; |
| 2. | Where the designation of a certification institution that has issued a certificate pursuant to Article 32 (1) is revoked; |
| 3. | Where a certificate is revoked pursuant to Article 37 (1). |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 37 (Revocation of Certificates) |
| (1) | If any of the following causes arises, a certification institution shall abolish a certificate: |
| 1. | Where a verification institution deems that a certificate must be abolished based on a result of verification; |
| 2. | Where the certification institution recognizes the fact that the cause that makes it impossible to guarantee the reliability or effectiveness of the certificate has occurred. |
| (2) | Where a certificate is abolish pursuant to paragraph (1), a certification institution shall without delay take measures necessary to confirm such fact, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 38 (Imposition of Penalty Surcharges) |
| (1) | Where the Minister of Trade, Industry and Energy shall order a business entity to suspend business for falling under any of the subparagraphs of Article 32 (1), if such suspension of business is likely to cause serious inconvenience to users or to harm public interests, the Minister of Land, Infrastructure and Transport may impose and collect a penalty surcharge not exceeding 20 million won in lieu of suspension of business. |
| (2) | The amount of a penalty surcharge and other necessary matters according to the type, degree, etc. of the violations subject to a penalty surcharge under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Where a person on whom a penalty surcharge is imposed pursuant to paragraph (1) fails to pay such penalty surcharge by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect such penalty surcharge in the same manner as national taxes in arrears. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 39 (Liability for Compensation and Purchasing Insurance) |
| (1) | When a certification institution causes a bodily injury or property damage to a third party due to its performance of cooperative autonomous driving certification affairs, he or shall be liable to pay damages: Provided, That this shall not apply where the certification institution proves that there has been no intention or negligence on its part in connection with the performance of the affairs. |
| (2) | A certification institution shall take measures necessary for performing its liability for damages under paragraph (1), such as the subscription of an insurance policy or mutual aid fund or the accumulation of reserves according to the guidelines prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
Where the Minister of Land, Infrastructure and Transport intends to take any of the following dispositions, he or she shall hold a hearing:
| 1. | Revocation of the designation of a training institution for specialized human resources under Article 25 (3); |
| 2. | Revocation of the designation of a certification institution under Article 32 (1) (excluding subparagraph 8 of the same paragraph). |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 41 (Delegation of Authority and Entrustment of Affairs) |
| (1) | Part of the authority of the Minister of Land, Infrastructure and Transport under this Act may be delegated to the Mayor/Do Governor or the head of an institution under his or her management as prescribed by Presidential Decree. |
| (2) | Some of the duties of the Minister of Land, Infrastructure and Transport under this Act may be entrusted to an institution with human resources and equipment necessary for performing the entrusted duties, as prescribed by Presidential Decree. |
[Moved from Article 27 <Jul. 27, 2021>]
| Article 42 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[Moved from Article 28 <Jul. 27, 2021>]
CHAPTER VI PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
Any person who fails to purchase liability insurance in violation of Article 19 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. [Moved from Article 29 <Jul. 27, 2021>]
| Article 44 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to transfer information related to a certificate which ceases to be effective pursuant to subparagraph 2 of Article 36 without good cause, in violation of Article 32 (2); |
| 2. | A person who fails to submit the relevant data as referred to in Article 34 (3) (including as applied mutatis mutandis pursuant to Article 29 (2)) or submits false records, or who refuses, obstructs, or evades an entrance and inspection by the relevant public officials; |
| 3. | A person who fails to formulate a plan for the prevention of and response to failures in conducting cooperative autonomous driving certification affairs, in violation of Article 35 (1) (including as applied mutatis mutandis pursuant to Article 29 (2)); |
| 4. | A person who fails to report on the occurrence of a failure in cooperative autonomous driving certification affairs, in violation of Article 35 (4) (including as applied mutatis mutandis pursuant to Article 29 (2)); |
| 5. | A person who fails to subscribe to an insurance or mutual aid, or to take necessary measures such as accumulating reserves, in violation of Article 39. |
| (2) | The Minister of Land, Infrastructure and Transport shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2021]
ADDENDUM <Act No. 16421, Apr. 30, 2019>
This Act shall enter into force one year 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.)
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 18348, Jul. 27, 2021>
This Act shall enter into force six months after the date of its promulgation.