ENFORCEMENT DECREE OF THE TRAFFIC SAFETY ACT
Wholly Amended by Presidential Decree No. 20510, Dec. 31, 2007
Amended by Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 21077, Oct. 8, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21231, Dec. 31, 2008
Presidential Decree No. 21807, Nov. 2, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 21985, Jan. 7, 2010
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22237, jun. 29, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 23083, Aug. 19, 2011
Presidential Decree No. 24095, Sep. 7, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25448, Jul. 7, 2014
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 27053, Mar. 22, 2016
Presidential Decree No. 27358, Jul. 19, 2016
Presidential Decree No. 27971, Mar. 29, 2017
Presidential Decree No. 27970, Mar. 29, 2017
Presidential Decree No. 28192, Jul. 17, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28330, Sep. 19, 2017
Presidential Decree No. 28829, Apr. 24, 2018
Presidential Decree No. 29416, Dec. 24, 2018
Presidential Decree No. 29617, Mar. 12, 2019
Presidential Decree No. 30232, Dec. 3, 2019
Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30688, May 19, 2020
Presidential Decree No. 31189, Nov. 24, 2020
Presidential Decree No. 31898, Jul. 20, 2021
Presidential Decree No. 32274, Dec. 28, 2021
Presidential Decree No. 32376, Jan. 28, 2022
Presidential Decree No. 32624, May 3, 2022
The purpose of this Decree is to prescribe matters mandated by the Traffic Safety Act and those necessary for the enforcement thereof.
| Article 2 (Designated Administrative Agency) |
A designated administrative agency defined in subparagraph 5 of Article 2 of the Traffic Safety Act (hereinafter referred to as the "Act") shall be as follows: <Amended on Mar. 15, 2010; Jul. 12, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 19, 2017> | 1. | The Ministry of Economy and Finance; |
| 2. | The Ministry of Education; |
| 3. | The Ministry of Justice; |
| 4. | The Ministry of the Interior and Safety; |
| 5. | The Ministry of Culture, Sports and Tourism; |
| 6. | The Ministry of Agriculture, Food and Rural Affairs; |
| 7. | The Ministry of Trade, Industry and Energy; |
| 8. | The Ministry of Health and Welfare; |
| 8-2. | The Ministry of Environment; |
| 9. | The Ministry of Employment and Labor; |
| 10. | The Ministry of Gender Equality and Family; |
| 11. | The Ministry of Land, Infrastructure and Transport; |
| 12. | The Ministry of Oceans and Fisheries; |
| 12-2. | Deleted; <Jul. 26, 2017> |
| 13. | The Korean National Police Agency; |
| 14. | Central administrative agencies designated by the Prime Minister as deemed particularly necessary in terms of traffic safety policies. |
[This Article Wholly Amended on Feb. 29, 2008]
| Article 2-2 (Types and Scope of Road in Complex) |
[This Article Newly Inserted on Nov. 24, 2020]
| Article 3 (Subsidization to Cover Expenses for Installing Tachographs) |
| (1) | The State or a local government may provide a subsidy or loan for necessary funds within the budget in order to subsidize a person who is required to install a tachograph referred to in Article 55 (1) of the Act (hereinafter referred to as "tachograph") to cover the expenses for installing the tachograph pursuant to Article 9 (2) of the Act. |
| (2) | A person who intends to receive a subsidy to cover the expenses for installing a tachograph pursuant to paragraph (1) shall file an application with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply), along with documents, etc. proving the installation of a tachograph. |
| (3) | Upon subsidizing the installation of a tachograph pursuant to paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may inspect whether it is installed. |
[This Article Newly Inserted on Aug. 19, 2011]
| Article 4 (Subsidization to Cover Expenses for Installing Lane Departure Warning Systems) |
| (1) | The State or a local government may provide within the budget a person who is required to install a lane departure warning system under Article 55-2 of the Act (hereinafter referred to as "lane departure warning system") with subsidies or loans to cover the expenses for installing such lane departure warning system, pursuant to Article 9 (2) of the Act. |
| (2) | A person who intends to be subsidized to cover expenses for installing a lane departure warning system pursuant to paragraph (1) shall file an application with a Mayor/Do Governor or the head of a Si/Gun/Gu, along with documents proving the installation of the lane departure warning system. |
| (3) | Upon subsidizing the installation of a lane departure warning system pursuant to paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may inspect whether it is installed. |
[This Article Newly Inserted on Jul. 17, 2017]
| Article 5 (Recommendation and Reporting) |
| (1) | The Chairperson of the National Transport Commission may recommend the head of a designated administrative agency to implement matters necessary for promoting a basic plan for national traffic safety and an implementation plan for national traffic safety and to implement a new policy for preventing traffic accidents. <Amended on Jan. 7, 2010> |
| (2) | Upon receipt of a recommendation under paragraph (1), the head of a designated administrative agency shall formulate a promotional plan therefor and report it to the Chairperson of the National Transport Commission. <Amended on Jan. 7, 2010> |
| Article 6 (Expert Members) |
| (2) | Expert members may attend and speak at a meeting upon request of the Chairperson of the National Transport Commission and the National Transport Commission or the chairperson of the working committee for national traffic safety and the working committee for national traffic safety. <Amended on Jan. 7, 2010> |
| Article 7 Deleted. <Jan. 7, 2010> |
| Article 8 (Composition and Operation of Si/Gun/Gu Traffic Safety Policy Deliberative Committee) |
| (1) | A Si/Gun/Gu traffic safety policy deliberative committee under Article 13 (1) of the Act (hereinafter referred to as "Si/Gun/Gu traffic safety committee") shall be composed of up to 20 members, including one chairperson and one vice chairperson, and its members shall be persons appointed or commissioned by the head of a Si/Gun/Gu, from among public officials belonging to administrative agencies related to traffic safety and persons with extensive expertise and experience in traffic safety. <Amended on Aug. 19, 2011; Sep. 7, 2012; Apr. 24, 2018> |
[Title Amended on Sep. 7, 2012]
Allowances and travel expenses may be paid to expert members under Article 6 and members of a Si/Gun/Gu traffic safety committee under Article 8 within the budget: Provided, That this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties. <Amended on Jan. 7, 2010; Sep. 7, 2012; Apr. 24, 2018>
| Article 10 (Formulation of Basic Plans for National Traffic Safety) |
| (1) | The Minister of Land, Infrastructure and Transport shall prepare guidelines for formulating or changing a basic plan for national traffic safety (hereafter in this Article referred to as "guidelines for formulation") and shall notify the head of a designated administrative agency of such guidelines by the end of June of the preceding year of the year immediately before the commencement of a planned year, pursuant to Article 15 (3) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The head of a designated administrative agency shall prepare a draft plan for traffic safety by jurisdiction in accordance with the guidelines for formulation and submit it to the Minister of Land, Infrastructure and Transport by the end of February of the year immediately before the commencement of the planned year. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall combine and coordinate the draft plans for traffic safety by jurisdiction under paragraph (2) and finalize it by the end of June of the year immediately before the commencement of a planned year pursuant to Article 15 (4) of the Act. Where the Minister combines and coordinates the draft plans for traffic safety by jurisdiction, he or she shall examine the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 2. | The timing for promoting policy tasks; |
| 3. | The size of investment; |
| 4. | Matters subject to consultation for each relevant agency, which are necessary for the promotion of policy tasks. |
| (4) | Where the Minister of Land, Infrastructure and Transport finalizes a basic plan for national traffic safety pursuant to paragraph (3), he or she shall notify the head of a designated administrative agency and a Mayor/Do Governor thereof within 20 days from the date of finalization. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 11 (Change of Minor Matters) |
| 1. | Changing a maximum of 10/100 of the project scale by sector determined by a basic plan for national traffic safety or an implementation plan for national traffic safety; |
| 2. | Changing the implementation period of a unit project within the scope of the implementation deadline determined by a basic plan for national traffic safety or an implementation plan for national traffic safety; |
| 3. | Changing any miscalculation, clerical error, omission, or other matters that have clear grounds for change, which do not affect the basic direction of a basic plan for national traffic safety or an implementation plan for national traffic safety. |
| Article 12 (Formulation of Implementation Plans for National Traffic Safety) |
| (1) | The head of a designated administrative agency shall formulate a draft implementation plan for traffic safety by jurisdiction for the following year and submit it to the Minister of Land, Infrastructure and Transport by the end of October of each year, pursuant to Article 16 (1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport combines and coordinates draft implementation plans by jurisdiction pursuant to Article 16 (2) of the Act, he or she shall examine the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Whether they conform to the basic plan for national traffic safety; |
| 3. | Possibility of securing the budget required. |
| (3) | The Minister of Land, Infrastructure and Transport shall finalize an implementation plan for national traffic safety by the end of December and notify it to the head of a designated administrative agency and a Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 13 (Formulation of Basic Plans for Regional Traffic Safety) |
| (1) | A basic plan for City/Do traffic safety (hereinafter referred to as "basic plan for City/Do traffic safety") or a basic plan for Si/Gun/Gu traffic safety (hereinafter referred to as "basic plan for Si/Gun/Gu traffic safety”) under Article 17 (1) of the Act shall include the following: |
| 1. | Mid- to long-term comprehensive policy directions for the safety of land traffic in the relevant region; |
| 2. | Other matters regarding traffic safety policy measures for improving the safety level of land traffic. |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu (hereinafter referred to as "Mayor/Do Governor, etc.") shall respectively finalize a basic plan for City/Do traffic safety or a basic plan for Si/Gun/Gu traffic safety (hereinafter referred to as "basic plan for regional traffic safety") by the end of October of the year immediately before the commencement of the planned year, pursuant to Article 17 (3) of the Act. |
| (3) | When a Mayor/Do Governor, etc. finalize a basic plan for regional traffic safety pursuant to paragraph (2), the Mayor/Do Governor shall submit it to the Minister of Land, Infrastructure and Transport and the head of a Si/Gun/Gu shall submit it to the Mayor/Do Governor, within 20 days after the date of finalization. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 14 (Formulation of Implementation Plans for Regional Traffic Safety) |
| (1) | A Mayor/Do Governor, etc. shall respectively formulate an implementation plan for City/Do traffic safety or an implementation plan for Si/Gun/Gu traffic safety (hereinafter referred to as "implementation plan for regional traffic safety") for the following year by the end of December pursuant to Article 18 (1) of the Act. |
| (2) | The head of a Si/Gun/Gu shall submit an implementation plan for Si/Gun/Gu traffic safety and the performance records of the implementation plan for Si/Gun/Gu traffic safety for the previous year to the Mayor/Do Governor by the end of January of each year, and the Mayor/Do Governor shall combine and arrange them and submit the results thereof to the Minister of Land, Infrastructure and Transport by the end of February of each year, along with an implementation plan for City/Do traffic safety and the performance records of the implementation plan for City/Do traffic safety for the previous year. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Details to be included in the performance records of implementation plans for regional traffic safety shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 15 (Evaluation of Performance Records of Implementation Plans for Traffic Safety) |
| (1) | The head of a designated administrative agency shall submit the performance records of an implementation plan for national traffic safety by jurisdiction for the previous year to the Minister of Land, Infrastructure and Transport by the end of March of each year. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall combine and evaluate the performance records of the implementation plan for national traffic safety under paragraph (1) and the performance records of implementation plans for regional traffic safety under Article 14 (2) and report the results thereof to the National Transport Commission, and may seek advice or request surveys and research from specialized institutions and organizations related to traffic safety, if deemed necessary. <Amended on Feb. 29, 2008; Jan. 7, 2010; Mar. 23, 2013> |
| (3) | The National Transport Commission may hold a joint evaluation meeting in which the heads of the relevant designated administrative agencies and the Mayor/Do Governor, etc. participate regarding the evaluation results of performance records under paragraph (2). <Amended on Jan. 7, 2010> |
| Article 16 (Scope of Traffic Facility Installers or Maintainers) |
A traffic facility installer or maintainer and a transportation manager under Article 21 (1) of the Act (hereinafter referred to as "traffic facility installer, maintainer, etc.") shall be as specified in attached Table 1.
| Article 17 (Timing for Submission of Traffic Safety Regulations) |
| (1) | The timing when a traffic facility installer, maintainer, etc. are required to submit traffic safety regulations under Article 21 (1) of the Act (hereinafter referred to as "traffic safety regulations") shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | A traffic facility installer or maintainer: Within six months from the date he or she falls under any of subparagraph 1 of attached Table 1; |
| 2. | A transportation manager: Within the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport within the scope of one year from the date he or she falls under any of subparagraph 2 of attached Table 1. |
| (2) | Where the traffic facility installer, maintainer, etc. revise traffic safety regulations, he or she shall submit the revised traffic safety regulations to the competent traffic administrative agency within three months from the date of such revision. |
| Article 18 (Matters to Be Included in Traffic Safety Regulations) |
"Matters ... prescribed by Presidential Decree" in Article 21 (1) 6 of the Act means the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Matters regarding the retention and management of data, statistics, and information related to traffic safety; |
| 2. | Matters regarding the evaluation of the safety of traffic facilities; |
| 3. | Matters regarding traffic safety-related facilities and equipment in a place of business; |
| 4. | Matters regarding the management of means of transportation; |
| 5. | Matters regarding the management of persons engaged in transport services; |
| 6. | Matters regarding education and training on traffic safety; |
| 7. | Matters regarding the investigation, reporting, and handling of causes of traffic accidents; |
| 8. | Other matters separately determined by the Minister of Land, Infrastructure and Transport for traffic safety management. |
| Article 19 (Examination of Traffic Safety Regulations) |
| (1) | A traffic administrative agency shall examine whether the traffic safety regulations submitted by a traffic facility installer, maintainer, etc. have been appropriately prepared, including matters prescribed in the subparagraphs of Article 21 (1) of the Act. |
| (2) | The results of examination of traffic safety regulations under paragraph (1) shall be classified as follows: |
| 1. | Appropriate: Where it is deemed that the safety of traffic facilities or means of transportation has been sufficiently secured as the measures necessary for traffic safety are specifically and clearly stated; |
| 2. | Conditionally appropriate: Where it is deemed that the regulations are required to be partially complemented, although there is no serious problem in securing the traffic safety; |
| 3. | Inappropriate: Where it is deemed that a serious problem is found in securing the traffic safety or that the traffic safety regulations have a fundamental defect. |
| (3) | Where the traffic safety regulations submitted by a traffic facility installer, maintainer, etc. are found to be conditionally appropriate or inappropriate under paragraph (2), a traffic administrative agency shall take necessary measures, such as ordering the revision of traffic safety regulations pursuant to Article 21 (4) of the Act. |
| Article 19-2 (Standards for Installation of Traffic Safety Experience Facilities) |
| (1) | Where the State and a Mayor/Do Governor, etc. install an educational facility for experience in traffic safety for children, senior citizens, and persons with disabilities (hereafter in this Article referred to as "children, etc.") pursuant to Article 23 (3) of the Act (hereafter in this Article referred to as "traffic safety experience facility"), they shall comply with the following standards and methods for installation: <Amended on Jul. 19, 2016> |
| 1. | They shall have facilities and equipment, such as video image devices reproducing the dangerous situations in traffic to ensure that children, etc. can learn how to prevent traffic accidents; |
| 2. | They shall have experience facilities to help children, etc. learn safe riding methods when they ride bicycles; |
| 3. | They shall place facilities, such as sidewalks or crosswalks, in compliance with relevant statutes or regulations to ensure that children, etc. can understand the operating system of traffic facilities; |
| 4. | The traffic safety signs, etc. installed in traffic safety experience facilities shall conform to the standards under the relevant statutes or regulations. |
| (2) | Matters necessary for the installation, operation, etc. of traffic safety experience facilities shall be prescribed by ordinance of the relevant local government. <Amended on Jul. 19, 2016> |
[This Article Newly Inserted on Jun. 29, 2010]
[Title Amended on Jul. 19, 2016]
| Article 20 (Subject Matters of Transportation Safety Inspections) |
| (1) | The subject matters of transportation safety inspections under Article 33 (1) of the Act shall be as follows: <Amended on Sep. 19, 2021> |
| 3. | Construction machinery owned by construction machinery business entities under the Construction Machinery Management Act (limited to construction machinery for which a driver's license under the Road Traffic Act shall be obtained pursuant to the proviso of Article 26 (1) of that Act) and matters related to the operation thereof; |
| 4. | Rolling stocks owned by railroad service providers and exclusive railroad operators under the Railroad Service Act and matters related to the operation thereof; |
| 5. | Rolling stocks owned by urban railroad operators under the Urban Railroad Act and matters related to the operation thereof; |
| 7. | Other motor vehicles deemed to require transportation safety inspections, such as school buses for children and vehicles transporting dangerous goods, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and matters related to the operation thereof. |
| (2) | “Means of transportation prescribed by Presidential Decree” in the proviso of Article 33 (6) of the Act means the means of transportation owned by either of the following persons: <Amended on Sep. 19, 2017> |
| 1. | A person who obtains a license for, or files for registration of, passenger transport business under Article 4 of the Passenger Transport Service Act (excluding transport business entities that own one motor vehicle, such as an on-demand passenger transport business entity and a private taxi transport business entity under that Act); |
| (3) | "Traffic accident ... above the level prescribed by Presidential Decree" in Article 33 (6) of the Act means any of the following traffic accidents: <Amended on Sep. 19, 2017; Jul. 20, 2021> |
| 1. | A traffic accident in which at least one person is killed in one accident; |
| 2. | A traffic accident in which at least two persons are severely injured in one accident; |
| 3. | A traffic accident with which the traffic safety evaluation index referred to in attached Table 3-2 exceeds the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with respect to a person falling under any of the subparagraphs of paragraph (2) who owns at least 20 motor vehicles. |
| (4) | The items of transportation safety inspections under Article 33 of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | Survey of the risk factors of traffic safety for means of transportation; |
| 2. | Verification of whether the statutes or regulations related to traffic safety have been violated; |
| 3. | Inspection of whether traffic safety regulations are observed; |
| 4. | Other matters determined by the Minister of Land, Infrastructure and Transport in consultation with the head of the relevant traffic administrative agency. |
| (5) | Except as provided in paragraphs (1) through (4), details necessary for transportation safety inspections shall be separately determined by the Minister of Land, Infrastructure and Transport in consultation with the head of the relevant traffic administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 21 (Methods of Conducting Transportation Safety Inspections) |
| (1) | When the head of a traffic administrative agency conducts a transportation safety inspection pursuant to Article 33 (1) and (6) of the Act, he or she shall require the relevant public officials with expertise and experience in traffic safety to conduct such inspection. <Amended on Sep. 19, 2017> |
| (2) | Where the subject matters of transportation safety inspections are under the jurisdiction of at least two traffic administrative agencies, the relevant agencies may jointly conduct inspections. <Amended on Sep. 19, 2017> |
| (3) | If deemed necessary for conducting transportation safety inspections, the head of a traffic administrative agency may receive support from a specialized institution or organization related to traffic safety. <Amended on Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 21-2 (Handling of Results of Transportation Safety Inspections) |
Upon receipt of notice of the results of a transportation safety inspection under Article 33 (7) of the Act, a traffic administrative agency shall notify the Minister of Land, Infrastructure and Transport of the following matters within three months from the date it receives notice of the results of the inspection pursuant to Article 33 (8) of the Act; in such cases, they shall be deemed notified to the Minister of Land, Infrastructure and Transport, where the relevant matters have been entered into a traffic safety information management system under Article 52 (1) of the Act (hereinafter referred to as "traffic safety information management system"): | 1. | Details of measures to be taken based on the results of the transportation safety inspection; |
| 2. | Reasons for not taking measures and plans for taking measures. |
[This Article Newly Inserted on Sep. 19, 2017]
| Article 21-3 (Submission of Implementation Plans Following Special Survey of Actual Conditions) |
The competent traffic administrative agency shall submit an implementation plan and a report on the implementation results under Article 33-2 (3) and (4) of the Act to the head of a designated administrative agency in accordance with the following classifications: | 1. | Implementation plans: Within three months from the date of receipt of a recommendation for improvement under Article 33-2 (2) of the Act; |
| 2. | Reports on the implementation results: By the end of February of each year (limited to the period from the year following the year in which the date an implementation plan is submitted falls to the year in which the date the head of a designated administrative agency determines that the implementation of the recommendation for improvement is completed falls). |
[This Article Newly Inserted on Apr. 24, 2018]
| Article 22 (Traffic Facilities Subject to Traffic Facility Safety Diagnoses) |
| (1) | "Traffic facility, such as roads, railroads and airports, the scale of which is not smaller than that prescribed by Presidential Decree" in Article 34 (1) of the Act and "traffic facility prescribed by Presidential Decree" in paragraph (3) of that Article mean traffic facilities listed in attached Table 2, respectively. <Amended on Sep. 19, 2017> |
| (2) | The timing when a traffic facility installer and a traffic facility installer or maintainer are required to submit a traffic facility safety diagnosis report to the competent traffic administrative agency pursuant to Article 34 (2) and (4) of the Act shall be as specified in attached Table 2. <Amended on Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 23 Deleted. <Sep. 19, 2017> |
| Article 24 Deleted. <Sep. 7, 2012> |
| Article 25 (Conducting of Traffic Facility Safety Diagnoses) |
| (1) | A traffic safety diagnosis agency (referring to a traffic safety diagnosis agency registered pursuant to Article 39 (1) of the Act) which is an affiliate (referring to an affiliate defined in subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act) of a person who designs, constructs, or supervises the relevant traffic facilities, etc. or a traffic safety diagnosis agency which is a subsidiary (referring to a subsidiary under Article 342-2 of the Commercial Act) of the relevant transport business entity shall not be requested to conduct a traffic facility safety diagnosis under Article 34 of the Act: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in which a traffic facility safety diagnosis cannot be conducted by another traffic safety diagnosis agency or it is deemed particularly necessary when conducting a traffic facility safety diagnosis on traffic facilities, etc. <Amended on Feb. 29, 2008; Sep. 7, 2012; Mar. 23, 2013; Sep. 19, 2017; Dec. 28, 2021> |
| (2) | When a traffic safety diagnosis agency conducts a traffic facility safety diagnosis pursuant to Article 34 (1), (3), and (5) of the Act, it shall require a person who meets the requirements under Article 32 (1) 1 to conduct such diagnosis. <Amended on Sep. 19, 2017> |
| (3) | "Traffic accident ... above the level prescribed by Presidential Decree" in Article 34 (5) of the Act means traffic accidents classified as follows: Provided, That traffic accidents for which the Aviation and Railway Accident Investigation Board investigates traffic facilities in connection with aviation accidents or railway accidents pursuant to Article 18 of the Aviation and Railway Accident Investigation Act and recommends or suggests measures to prevent the recurrence of aviation and railway accidents to the heads of the relevant agencies pursuant to Article 26 (1) of that Act shall be excluded herefrom: <Newly Inserted on Sep. 19, 2017> |
| 1. | Roads: A traffic accident investigated regarding whether any defect is found in traffic facilities under Article 50 (1) of the Act; |
[Title Amended on Sep. 19, 2017]
| Article 26 (Traffic Facility Safety Diagnosis Report) |
| 1. | The name and location of a person who shall undergo a traffic facility safety diagnosis; |
| 2. | The type of traffic facilities subject to traffic facility safety diagnosis; |
| 3. | The period of conducting the traffic facility safety diagnosis and a person who conducts it; |
| 4. | The state of traffic facilities subject to traffic facility safety diagnosis, and the details of defects therein; |
| 5. | Recommendations made by a traffic safety diagnosis agency; |
| 6. | Other matters necessary for traffic safety supervision. |
[Title Amended on Sep. 19, 2017]
| Article 27 Deleted. <Sep. 7, 2012> |
| Article 28 Deleted. <Sep. 7, 2012> |
| Article 29 Deleted. <Sep. 19, 2017> |
| Article 30 (Orders for Traffic Facility Safety Diagnosis) |
| (1) | When a traffic administrative agency issues an order to undergo a traffic facility safety diagnosis pursuant to Article 34 (5) of the Act, it shall notify a traffic facility installer or maintainer of such fact no later than 30 days prior to the date of undergoing the traffic facility safety diagnosis: Provided, That the period may be reduced, where it is deemed that there is a serious risk factor causing a traffic accident due to the relevant traffic facility and it is deemed necessary to urgently undergo a traffic facility safety diagnosis. <Amended on Sep. 19, 2017> |
| (2) | An order for traffic facility safety diagnosis under paragraph (1) shall be issued in writing, specifying the subject matters, date, and time of and reasons for the traffic facility safety diagnosis. <Amended on Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 31 (Details of Guidelines for Traffic Facility Safety Diagnoses) |
| (1) | The guidelines for traffic facility safety diagnoses under Article 38 of the Act shall include the following: <Amended on Sep. 19, 2017> |
| 1. | Prior preparation necessary for traffic facility safety diagnoses; |
| 2. | Qualifications for and composition of persons who conduct the traffic facility safety diagnoses; |
| 3. | Subject matters and scope of the traffic facility safety diagnoses; |
| 4. | Items of traffic facility safety diagnoses; |
| 5. | Methods and procedures for conducting traffic facility safety diagnoses; |
| 6. | Preparation of a traffic facility safety diagnosis report and follow-up management; |
| 7. | Measures taken based on the results of traffic facility safety diagnoses; |
| 8. | Evaluation of the traffic facility safety diagnoses. |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of the relevant traffic administrative agencies to submit data necessary for the preparation of guidelines for traffic facility safety diagnoses. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
[Title Amended on Sep. 19, 2017]
| Article 32 (Registration of Traffic Safety Diagnosis Agencies) |
| (1) | A person who intends to conduct a traffic facility safety diagnosis pursuant to Article 39 (1) of the Act shall meet the following requirements: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | Specialized personnel: Personnel satisfying the standards for recognition of specialized personnel specified in attached Table 4, who have completed the education and training courses for traffic facility safety diagnoses prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | Equipment: Equipment necessary to investigate and measure the risk factors related to traffic safety, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A person that intends to be registered as a traffic safety diagnosis agency pursuant to Article 39 (1) of the Act shall submit an application for registration to a Mayor/Do Governor, along with documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| (3) | Upon receipt of an application for registration under paragraph (2), a Mayor/Do Governor shall examine whether the applicant meets the requirements specified in paragraph (1) and register the applicant as a traffic safety diagnosis agency in accordance with the following classification: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | In the field of roads; |
| 2. | In the field of railways; |
| 3. | In the field of airports. |
[Title Amended on Sep. 19, 2017]
| Article 33 (Reporting on Changed Matters) |
"Matter prescribed by Presidential Decree" in Article 40 (1) of the Act means the trade name, representative, and location of office of a traffic safety diagnosis agency, or specialized personnel prescribed in attached Table 4. <Amended on Sep. 7, 2012; Sep. 19, 2017>
| Article 34 (Evaluation on Results of Traffic Facility Safety Diagnoses) |
| (1) | The subject matters of evaluation of the results of traffic facility safety diagnoses under Article 45 (1) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | Where the Minister of Land, Infrastructure and Transport deems that a poor diagnosis is likely to be conducted, such as copying another traffic facility safety report or completing the diagnosis for a clearly short period; |
| 2. | Where a traffic safety diagnosis is conducted under a contract for work at the amount which obviously fails to meet the standards for calculating expenses for traffic facility safety diagnoses under Article 46 (2) of the Act; |
| 3. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the safety of traffic facilities. |
| (2) | The evaluation of the results of traffic facility safety diagnoses shall include the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | Appropriateness of the methods for analyzing the results of investigation into traffic facilities and evaluating the safety thereof; |
| 2. | Appropriateness of recommendations presented according to the results of the traffic facility safety diagnoses; |
| 3. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the safety of the relevant traffic facilities. |
| (3) | Where the Minister of Land, Infrastructure and Transport evaluates the results of a traffic facility safety diagnosis, he or she shall notify the results thereof to the traffic facility safety diagnosis agency which has conducted the traffic facility safety diagnosis and the competent Mayor/Do Governor who guides and supervises the traffic safety diagnosis agency. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| (4) | Details regarding the subject matters of evaluation under paragraph (1) and the matters to be evaluated under paragraph (2) shall be separately determined by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[Title Amended on Sep. 19, 2017]
| Article 35 (Details of Guidelines for Investment in Traffic Safety Projects) |
| 1. | The objectives of traffic safety projects and the directions for promotion thereof; |
| 2. | Priority order of investment in traffic safety projects by field and project, and the adjustment method thereof; |
| 3. | Other matters necessary for enhancing the effectiveness of investment in traffic safety projects. |
| Article 35-2 (Submission of Report on Implementation Results) |
The head of the relevant administrative agency who has submitted an implementation plan pursuant to Article 49 (3) of the Act shall submit a report on the implementation results to a traffic administrative agency, etc., no later than 90 days from the date the implementation plan is submitted pursuant to paragraph (4) of that Article (or 30 days from the date of completion of the implementation specified in the implementation plan, where 90 days have passed from the date the implementation plan is submitted): Provided, That where it is impossible to submit a report on the implementation results by the deadline due to any unavoidable cause, the deadline for submission may be postponed through consultation with a traffic administrative agency, etc. [This Article Newly Inserted on May 19, 2020]
| Article 36 (Serious Traffic Accidents) |
| (1) | "Serious traffic accident prescribed by Presidential Decree" in Article 50 (1) and (2) of the Act means traffic accidents in which any death or serious injury (referring to the accidents causing any injury to a person, which require at least three weeks of treatment according to the results of the first medical examination by a doctor; hereinafter the same shall apply) is presumed to have occurred due to defects in traffic facilities or means of transportation. <Amended on Jun. 29, 2010; Nov. 24, 2020> |
| (2) | Where it is deemed that a traffic accident under paragraph (1) have occurred due to a defect in the means of transportation within a traffic facility under the jurisdiction, the head of a local government may request the head of a designated administrative agency under Article 50 (2) of the Act to investigate the cause of the traffic accident. |
| (3) | An administrative agency that manages traffic facilities (limited to roads; hereinafter the same shall apply) and a traffic administrative agency that guides and supervises a traffic facility installer or maintainer (limited to a person who installs or manages roads; hereinafter the same shall apply) pursuant to Article 50 (1) of the Act (hereinafter referred to as "traffic administrative agency, etc.") shall retain and manage data on the traffic accident accumulation points and zones, based on the traffic accidents referred to in paragraph (1) that have occurred during the last three years. |
| (4) | The results of investigation into the causes of traffic accidents in the traffic facilities under the jurisdiction which are submitted by the head of a local government to the traffic safety information management system pursuant to Article 41 (1) shall be deemed the results of investigation into the causes of traffic accidents submitted to the head of a designated administrative agency under the jurisdiction pursuant to Article 50 (3) of the Act. <Amended on Sep. 19, 2017> |
| Article 37 (Subject Matters and Methods of Investigation into Causes of Traffic Accidents) |
| (1) | The subject matters of investigation into the causes of traffic accidents under Article 50 (1) of the Act (hereinafter referred to as "investigation into the causes of traffic accidents") shall be as specified in attached Table 5. |
| (2) | If necessary to investigate the causes of traffic accidents under Article 50 (1) and (2) of the Act, the head of a traffic administrative agency, etc. may establish a traffic accident investigation team composed of the following persons: |
| 1. | Relevant public officials in charge of the safety of traffic facilities or the safety standards for means of transportation; |
| 2. | Police officials in charge of dealing with traffic accidents in the relevant zone; |
| 3. | Other persons whom the head of a traffic administrative agency, etc. deem necessary for investigation into the causes of traffic accidents. |
| (3) | A person who falls under paragraph (2) 1 and is designated by the head of a traffic administrative agency, etc. shall without delay prepare a report on the investigation into the causes of traffic accidents and submit it to the head of the traffic administrative agency, etc. after the investigation is completed. |
| (4) | Except as provided in paragraphs (1) through (3), details necessary for investigation into the causes of traffic accidents shall be separately determined by the Minister of Land, Infrastructure and Transport in consultation with the head of the relevant designated administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 38 (Retention and Management of Traffic Accident-Related Data) |
| (1) | A person who retains and manages data, statistics, or information related to traffic accidents pursuant to Article 51 (1) and (2) of the Act (hereinafter referred to as “traffic accident-related data, etc.") shall retain and manage such data, statistics, or information for five years from the date the traffic accident occurs. |
| (2) | A person who retains and manages traffic accident-related data, etc. pursuant to paragraph (1) shall enter the data and programs thereon separately in another memory medium and safely retain and manage them in an isolated place in the event of the destruction or damage of traffic accident-related data, etc. |
| Article 39 (Persons Who Retain and Manage Traffic Accident-Related Data) |
“Person prescribed by Presidential Decree” in Article 51 (2) of the Act means the following persons: <Amended on Oct. 8, 2008; Aug. 19, 2011; Sep. 19, 2017; Dec. 24, 2018>
| Article 40 (Establishment of Traffic Safety Information Management System) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish, manage, and operate a traffic safety information management system to comprehensively maintain and manage traffic safety information and traffic accident-related data, etc. (hereafter in this Article referred to as "traffic safety information”) pursuant to Article 52 (1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may conduct a sample survey on traffic safety information contained in the traffic safety information management system. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 41 (Procedures and Methods for Sharing Traffic Safety Information Management System) |
| (1) | A person who retains and manages traffic accident-related data, etc. pursuant to Article 51 (1) of the Act shall share such data, etc. in connection with a traffic safety information management system. |
| (2) | The Minister of Land, Infrastructure and Transport may establish and operate a council for traffic safety information management systems (hereafter in this Article referred to as "council") to share traffic safety information management systems. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The council may determine matters necessary for sharing, such as the items and scope of sharing traffic accident-related data, etc. and the methods of use. |
| (4) | Except as provided in paragraphs (1) through (3), details necessary for sharing traffic safety information management systems and establishing and operating a council shall be separately determined by the Minister of Land, Infrastructure and Transport in consultation with the head of the relevant traffic administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 41-2 (Types of Qualification as Traffic Safety Supervisors) |
| 1. | Road traffic safety supervisors; |
| 2. | Railway traffic safety supervisors; |
| 3. | Air traffic safety supervisors; |
| 4. | Harbor traffic safety supervisors; |
| 5. | Cableway traffic safety supervisors. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 42 (Administration of Examinations for Traffic Safety Supervisors) |
| (1) | Examinations for traffic safety supervisors under Article 53 (2) of the Act (hereinafter referred to as "examination") shall be conducted in writing. |
| (2) | Examination subjects shall be as specified in attached Table 6. |
| (3) | The procedures for applying for examinations, the methods of determining successful applicants, and other matters necessary for administering examinations shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 43 (Partial Exemption from Examination) |
| (1) | Persons subject to partial exemption from the examination under Article 53 (4) 1 of the Act and examination subjects for exemption shall be as specified in attached Table 7. |
| (2) | "Person who has working experience prescribed by Presidential Decree" in Article 53 (4) 2 of the Act means a person who meets the requirements for working experience specified in attached Table 8. <Amended on Feb. 29, 2008; Sep. 7, 2012> |
| (3) | A person falling under paragraph (1) or (2) who intends to obtain partial exemption from the examination shall submit documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 44 (Designation of Persons in Charge of Traffic Safety) |
| (1) | The scope of a traffic facility installer, maintainer, etc. who shall designate persons in charge of traffic safety under Article 54-2 (1) of the Act (hereinafter referred to as "person in charge of traffic safety") pursuant to that Article, and the number of persons to be designated shall be as specified in attached Table 8-2. |
| (2) | "Person qualified as prescribed by Presidential Decree" in Article 54-2 (1) 2 of the Act means either of the following persons: <Amended on Dec. 24, 2019> |
| 2. | Persons with a private qualification under the Framework Act on Qualifications, which is recognized by the Minister of Land, Infrastructure and Transport as being related to the investigation into and analysis of the causes of traffic accidents. |
| (3) | Where a traffic facility installer, maintainer, etc. designate a person in charge of traffic safety pursuant to Article 54-2 (1) of the Act or revoke such designation or where a person in charge of traffic safety retires from office, they shall notify the competent traffic administrative agency of such fact without delay and shall designate another person in charge of traffic safety within 30 days from the date of revocation of designation or the date of retirement. |
[This Article Newly Inserted on Dec. 24, 2018]
[Previous Article 44 moved to Article 44-2 <Dec. 24, 2018>]
| Article 44-2 (Duties of Persons in Charge of Traffic Safety) |
| (1) | The duties of persons in charge of traffic safety shall be as follows: <Amended on Dec. 24, 2018> |
| 1. | Implementation of traffic safety regulations, and preparation and preservation of the records thereof; |
| 2. | Guidance and supervision over safety inspections related to the operation or navigation of means of transportation (hereafter in this Article referred to as "operation, etc.") or the operation and management of traffic facilities; |
| 3. | Measures necessary for the safe operation, etc. under the conditions of traffic facilities and weather conditions; |
| 4. | Checking the status of service while in operation, etc. of drivers, etc. under Article 24 (1) of the Act (hereinafter referred to as "drivers, etc.") and conducting education and training for traffic safety; |
| 5. | Investigation into and analysis of the causes of traffic accidents, and maintenance of the records thereof; |
| 6. | Inspection and management of tachographs, lane departure warning systems, etc. |
| (2) | Deleted. <Dec. 24, 2018> |
| (3) | Where deemed necessary for traffic safety, a person in charge of traffic safety shall request a traffic facility installer, maintainer, etc. to take the following measures: Provided, That where the person in charge of traffic safety has no time to request the traffic facility installer, maintainer, etc. to take necessary measures, he or she shall take necessary measures in person and report such fact to the traffic facility installer, maintainer, etc.: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 24, 2018> |
| 1. | Change of the plan for the operation, etc. of means of transportation prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | Maintenance of the means of transportation; |
| 3. | Change of a plan for on-board service of drivers, etc.; |
| 4. | Installation or supplementation of facilities or equipment related to traffic safety; |
| 5. | Recommendation of disciplinary actions against drivers, etc. who commit acts that undermine traffic safety. |
| (4) | Deleted. <Dec. 24, 2018> |
[Title Amended on Dec. 24, 2018]
[Moved from Article 44 <Dec. 24, 2018>]
| Article 44-3 (Education for Persons in Charge of Traffic Safety) |
| (1) | A traffic facility installer, maintainer, etc. shall require persons in charge of traffic safety to receive the following education conducted by the Korea Transportation Safety Authority pursuant to Article 54-2 (2) of the Act: |
| 1. | New education: Once within six months from the date a person in charge of traffic safety starts to perform his or her duties; |
| 2. | Continuing education: Once every two years based on the year in which the person in charge of traffic safety starts to perform his or her duties. |
| (2) | The new education under paragraph (1) shall be provided for 16 hours, and the continuing education shall be provided for eight hours each time. |
| (3) | The Korea Transportation Safety Authority shall formulate a plan for the education schedule, place, etc. for the following year, submit it to the Minister of Land, Infrastructure and Transport by November 30 of each year, and notify it to the traffic facility installer, maintainer, etc. by December 31. |
| (4) | The Korea Transportation Safety Authority shall submit performance records, such as the number of personnel for education for the preceding year, to the Minister of Land, Infrastructure and Transport by the end of February of the following year. |
| (5) | Except as provided in paragraphs (1) through (4), specific subjects and content of education and matters necessary for education shall be determined and publicly announced by the Korea Transportation Safety Authority. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 45 (Timing for Installing Tachographs and Period for Retention) |
| 1. | Vehicles already registered: The timing classified as follows: |
| (a) | Vehicles operated by transport business entities falling under Article 55 (1) 1 of the Act (excluding private taxi transport business entities): December 31, 2012; |
| (b) | Vehicles operated by transport business entities falling under Article 55 (1) 2 of the Act and private taxi transport business entities: December 31, 2013; |
| 2. | Vehicles operated by transport business entities falling under Article 55 (1) of the Act, which are newly registered after January 1, 2011: The date of new registration. |
[This Article Wholly Amended on Jun. 29, 2010]
| Article 46 (Establishment and Operation of Research and Education Facilities for Traffic Safety Experience) |
| (1) | A research and education facility for traffic safety experience under Article 56 (1) of the Act (hereinafter referred to as "research and education facility for traffic safety experience") shall meet the following requirements: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Facilities: Facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as high-speed driving courses and control facilities, through which a person can experience changes and characteristics of motor vehicles based on high-speed driving; |
| 2. | Specialized personnel: Persons who have the qualification and experience prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and has completed the education and training courses prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding traffic safety experience; |
| 3. | Equipment: Motor vehicles for traffic safety experience prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A research and education facility for traffic safety experience shall enable experiencing the following: |
| 1. | Simulations of traffic accidents; |
| 2. | Practice and correction to improve the ability to cope with emergency; |
| 3. | Practice of safe driving by circumstance. |
| (3) | The head of a traffic administrative agency may recommend that a transportation manager, to which a driver who has caused a traffic accident belongs, require the relevant driver to participate in education and training courses prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 47 (Survey Items of Traffic Safety Culture Index) |
| (1) | The survey items of traffic safety culture index under Article 57 (1) of the Act (hereinafter referred to as “traffic safety culture index”) shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 3. | Pedestrian behavior (limited to the field of road traffic); |
| 4. | Other matters determined by the Minister of Land, Infrastructure and Transport, as deemed necessary. |
| (2) | The traffic safety culture index shall be calculated by surveying the actual conditions of traffic safety and the occurrence of traffic accidents for each local government: Provided, That the Minister of Land, Infrastructure and Transport may conduct surveys of the fields other than the field of road traffic by determining a different method. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where deemed necessary to survey the traffic safety culture index, the Minister of Land, Infrastructure and Transport may request the head of the relevant local government to provide necessary cooperation, such as submission of data and opinions. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 47-2 (Installer and Manager of Roads in Complex) |
| (1) | "Person who installs and manages roads in a complex as prescribed by Presidential Decree" in Article 57-3 (1) of the Act means the following persons: Provided, That the council of occupants' representatives under subparagraph 1 shall be excluded for purposes of applying Article 57-3 (2) and (8) of the Act: |
| 1. | Safety signs containing information, etc. on temporary stop or crosswalk installation; |
| 4. | Signs indicating a children's safety zone established under Article 26 (4) of the Regulations on Standards for Housing Construction (limited to where a bus stop for school buses for children exists); |
| 6. | Other facilities that fall under the following (limited to where it is likely to cause a motor vehicle to cross a pedestrian passage due to a sharp curve on the road, etc. or where it is likely to drive over the speed limit due to a long passage, etc.): |
| (d) | Traffic-calming devices. |
| (3) | "Serious accident prescribed by Presidential Decree" in Article 57-3 (8) of the Act means an accident causing a death or serious injury. |
[This Article Newly Inserted on Nov. 24, 2020]
[Previous Article 47-2 moved to Article 47-3 <Nov. 24, 2020>]
| Article 47-3 (Processing of Sensitive Information and Personally Identifiable Information) |
The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, and the head of a traffic administrative agency (including persons delegated or entrusted with the authority pursuant to Article 59 of the Act and Article 48 of this Decree) shall process information corresponding to criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data including resident registration numbers or alien registration numbers under Article 19 of that Decree, if unavoidable to the following business affairs: <Amended on Mar. 23, 2013; Aug. 6, 2014; Sep. 19, 2017; Dec. 24, 2018> [This Article Newly Inserted on Sep. 7, 2012]
[Moved from Article 47-2 <Nov. 24, 2020>]
| Article 48 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport shall delegate the following authority to the Administrator of a Regional Office of Construction and Management pursuant to Article 59 (1) of the Act: | 1. | Requesting the change of basic plans for City/Do traffic safety or implementation plans for City/Do traffic safety under Article 19 (1) of the Act; |
| 2. | The following authority of the Minister of Land, Infrastructure and Transport over transportation safety inspections under Article 13-4 of the Act: |
| (b) | Establishing and implementing the measures for improvement and recommending improvements under Article 33 (2) of the Act; |
| (c) | Issuing an order to submit reports or data (limited to an order to submit data related to the authority delegated pursuant to item (a)) and an order for entry and inspection, etc., and giving notice of an inspection plan under Article 33 (3) and (4) of the Act; |
| 4. | Retaining and managing traffic accident-related data, etc. and requesting the submission thereof under Article 51 of the Act; |
| 5. | Issuing an order to investigate whether a tachograph and a lane departure warning system are installed under Article 55-3 of the Act; |
| 6. | Imposing and collecting administrative fines under Article 65 of the Act (limited to the imposition and collection of administrative fines related to the authority delegated to the Administrator of a Regional Office of Construction and Management). |
[This Article Newly inserted on May 3, 2022]
[Previous Article 48 moved to Article 48-2 <May 3, 2022>]
| Article 48-2 (Entrustment of Business Affairs) |
| (1) | The Minister of Land, Infrastructure and Transport shall entrust the following business affairs to the Korea Transportation Safety Authority pursuant to Article 59 (3) of the Act: <Amended on Sep. 19, 2017; Dec. 24, 2018> |
| 3. | Evaluating the results of traffic facility safety diagnoses and requesting the submission of the relevant data necessary for evaluation under Article 45 (1) and (2) of the Act; |
| (2) | The business affairs of the Minister of Land, Infrastructure and Transport regarding the following subparagraphs and the business affairs of the Mayor/Do Governor, etc. regarding subparagraphs 1 and 4, among the business affair of the heads of traffic administrative agencies, shall be entrusted to the Korea Transportation Safety Authority pursuant to Article 59 (3) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017; Dec. 24, 2018; Dec. 3, 2019; May 3, 2022> |
| 2. | Establishing and managing traffic safety information management systems; |
| 3. | Deleted; <Sep. 19, 2017> |
| 4. | Requesting the submission of tachograph records, etc. (limited to tachograph records, etc. of motor vehicles), and conducting the examination and analysis thereof; |
| 5. | Establishing and operating research and education facilities for traffic safety experience; |
| 6. | Developing, surveying, and preparing a traffic safety culture index and publishing the results thereof; |
| 7. | Requesting the submission of related data necessary for transportation safety inspections under Article 33 (3) of the Act (limited to cases related to the business affairs entrusted pursuant to paragraph (1) 1); |
| 8. | Conducting a special survey of actual conditions, recommending the improvement of traffic systems and providing administrative support necessary for implementation thereof, receiving an implementation plan and verifying and checking such implementation, and receiving a report on the implementation results under Article 33-2 (1) through (4) of the Act. |
| (3) | The business affairs of the Commissioner General of the Korean National Police Agency regarding those referred to in the following, among the business affairs of the heads of traffic administrative agencies, shall be entrusted to the KoROAD pursuant to Article 59 (3) of the Act: <Amended on Aug. 19, 2011; Sep. 19, 2017> |
| 1. | Requesting the submission of traffic accident-related data, etc. under Article 51 (3) of the Act (excluding traffic accident-related data, etc. retained and managed by a person falling under subparagraphs 1 through 3 and 5 of Article 39); |
| 2. | Establishing and managing a traffic safety information management system regarding road traffic accidents; |
| 3. | Establishing and operating research and education facilities for traffic safety experience; |
| 4. | Surveying and preparing the traffic safety culture index regarding road traffic accidents. |
| (4) | Pursuant to Article 59 (3) of the Act, the head of a Si/Gun/Gu may entrust the Korea Transportation Safety Authority with the business affairs of conducting a fact-finding inspection of traffic safety under Article 57-3 (4) of the Act. In such cases, the entrusted agency and the details of entrusted business affairs shall be publicly notified. <Newly Inserted on Nov. 24, 2020> |
[Title Amended on Dec. 24, 2018]
[Moved from Article 48 <May 3, 2022>]
| Article 49 (Standards for Imposing Administrative Fines) |
[This Article Wholly Amended on Apr. 24, 2018]
ADDENDA <Presidential Decree No. 20510, Dec. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008: Provided, That Articles 22 through 31, 34, and 49 (limited to the provisions related to Article 65 (1) of the Act) shall enter into force on July 1, 2008. Article 2 (Applicability to Investigation into Causes of Traffic Accidents)
Notwithstanding the amended provisions of Article 36 (3), the retention and management of data on traffic accident accumulation points and zones shall begin to apply to traffic accidents that occurred in 2007. Article 3 (Applicability to Examination)
| (1) | The amended provisions of Articles 42 and 43 shall begin to apply to examinations conducted after this Decree enters into force. |
| (2) | A person who passes a written examination for traffic safety supervisors or is fully exempted from a written examination pursuant to the previous provisions at the time this Decree enters into force shall take an oral examination pursuant to the previous provisions. |
Article 4 (Applicability to Tachograph Records)
The amended provisions of Articles 45 (1) 1 and 2 and (2) 1 shall begin to apply to the tachograph records, etc. made after January 1, 2011 only for the following persons: Provided, That where any of the following persons causes a traffic accident resulting in a death or serious injury and a traffic administrative agency makes a request to submit tachograph records, etc., the person shall submit such records, etc. without delay: | 2. | A person engaged in special passenger transport business under the Enforcement Decree of the Passenger Transport Service Act, who conducts the transport business with only one motor vehicle; |
| 4. | A person engaged in general trucking transport business under the Enforcement Decree of the Trucking Transport Business Act, who conducts the transport business with only one motor vehicle. |
Article 5 (Transitional Measures concerning Name of Traffic Safety Supervisor)
A traffic safety supervisor for harbor loading and unloading qualified pursuant to the previous provisions as at the time this Decree enters into force shall be deemed a traffic safety supervisor for harbor loading and unloading under the amended provisions of Article 44 (1) 4.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended by Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21077, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21231, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21985, Jan. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22237, Jun. 29, 2010>
This Decree shall enter into force on June 30, 2010: Provided, That the amended provisions of Article 29 (1) 1 (a) and attached Table 3-2 shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23083, Aug. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 20, 2011.
Article 2 (Applicability to Subsidization to Cover Expenses for Installing Tachographs)
Subsidization to cover expenses for installing tachographs under the amended provisions of Article 3 shall begin to apply to the installation of tachographs after January 1, 2011.
ADDENDA <Presidential Decree No. 24095, Sep. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Calculation of Traffic Safety Evaluation Index)
The amended provisions of attached Table 3-2 shall begin to apply to the traffic safety assessment index calculated in 2013.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended by Article 5 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27053, Mar. 22, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27358, Jul. 19, 2016>
This Decree shall enter into force on July 20, 2016.
ADDENDA <Presidential Decree No. 27970, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 28192, Jul. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2017: Provided, That the amended provisions of subparagraph 14 of attached Table 9 shall enter into force on January 1, 2020.
Article 2 (Applicability to Subsidization to Cover Expenses for Installing Lane Departure Warning Systems)
The amended provisions of Article 4 shall begin to apply to persons who install a lane departure warning system after this Decree enters into force or who improve such system to meet the standards for the installation of lane departure warning systems pursuant to Article 6 of the Addenda to the Traffic Safety Act (Act No. 14538).
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended by Article 8 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28330, Sep. 19, 2017>
This Decree shall enter into force on January 18, 2018: Provided, That the amended provisions of attached Table 7 shall enter into force on the date of its promulgation, and the amended provisions of subparagraphs 13 through 16 of attached Table 9 shall enter into force on September 22, 2017.
ADDENDA <Presidential Decree No. 28829, Apr. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 25, 2018.
Article 2 (Applicability to Submission of Implementation Plans Following Special Survey of Actual Conditions)
The amended provisions of Article 21-3 shall begin to apply to recommendations on improvement made after this Decree enters into force. Article 3 (Transitional Measures concerning Standards for Administrative Disposition)
| (1) | Notwithstanding the amended provisions of attached Table 9, the previous provisions shall apply when the standards for imposing administrative fines are applied to any violations committed before this Decree enters into force. |
| (2) | The imposition of an administrative fine due to a violation committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of subparagraphs 11 and 12 of attached Table 9. |
ADDENDA <Presidential Decree No. 29416, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 27, 2018: Provided, That the amended provisions of attached Table 9 shall enter into force on January 1, 2020.
Article 2 (Special Cases concerning Submission of Plans to Provide Education for Persons in Charge of Traffic Safety)
Notwithstanding the amended provisions of Article 44-3 (3), the Korea Transportation Safety Authority shall formulate a plan for the education schedule, place, etc. for persons in charge of traffic safety in 2019 and submit it to the Minister of Land, Infrastructure and Transport within two months from the enforcement date of this Decree, and shall notify it to the traffic facility installer, maintainer, etc.
ADDENDA <Presidential Decree No. 29617, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 30232, Dec. 3, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 9 shall enter into force on January 1, 2020.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDUM <Presidential Decree No. 30688, May 19, 2020>
This Decree shall enter into force on May 27, 2020.
ADDENDUM <Presidential Decree No. 31189, Nov. 24, 2020>
This Decree shall enter into force on November 27, 2020: Provided, That the amended provisions of subparagraph 2 (s) and (t) of attached Table 9 shall enter into force on November 27, 2022. <Amended on Jan. 28, 2022>
ADDENDA <Presidential Decree No. 31898, Jul. 20, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Subject Matters of Transportation Safety Inspection)
The amended provisions of Article 20 (3) 2 shall begin to apply to traffic accidents that occur after this Decree enters into force.
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2021.
Articles 2 through 14 Omitted.
ADDENDUM <Presidential Decree No. 32376, Jan. 28, 2022>
This Decree shall enter into force on January 28, 2022.
ADDENDUM <Presidential Decree No. 32624, May 3, 2022>
This Decree shall enter into force on the date of its promulgation.