The terms used in this Decree shall be defined as follows. <Amended on Act Nov. 27, 2009>
| 1. | The term "route" means a course for regular transport service or designated therefor; |
| 2. | The term "operating lines" means the collective term of the first stop and last stop, the routes, distance, and frequency of operation, and number of operating vehicles between the two stops. |
| 3. | The term "additional passenger transport service" means a service providing additional business support or assistance functions depending on the characteristics and demand of passengers, other than passenger transport by using passenger vehicles, in addition to passenger transport. |
| Article 2-2 (Subjects of On-demand Passenger Transport Business) |
| 1. | An area in which measures for improving metropolitan transport under Article 7-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas have been formulated and confirmed, but the implementation thereof has not been completed, deemed by the Minister of Land, Infrastructure and Transport or 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") that transportation therein is inconvenient; |
| 3. | An area deemed by the Minister of Land, Infrastructure and Transport or the relevant Mayor/Do Governor that the transportation is inconvenient because a route bus or railroad (including urban railroads; hereinafter the same shall apply), the first stop or last stop of which falls under subparagraph 1 or 2 is not operated to a transfer facility defined in subparagraph 12 of Article 2 of the National Transport System Efficiency Act or to a transfer center defined in subparagraph 13 of th at Article in its neighboring area, or because the frequency of operation is insufficient; |
| 4. | An area where means of public transportation are not operated or access thereto is inconvenient during the late-night time zone, as prescribed and publicly notified by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor. |
| 5. | An area deemed by the Minister of Land, Infrastructure and Transport or the relevant Mayor/Do Governor as an area requiring the introduction of alternative means of transportation because there is no means of public transportation or accessibility thereto is inconvenient due to the abolition or shortening of existing routes for reasons such as the lack of profitability, decrease in population, etc,. |
[This Article Newly Inserted on Oct. 10, 2023]
| Article 3 (Types of Passenger Transport Business) |
A route passenger transport business and area-passenger transport business under Article 3 (1) 1 and 2 of the Act pursuant to Article 3 (2) shall be subdivided into the following subparagraphs: <Amended on Nov. 26, 2008; Nov. 27, 2009; Dec. 8, 2011; Dec. 30, 2011; Dec. 30, 2011; Nov. 23, 2012; Mar. 23, 2013; Jan. 28, 2015; Jan. 6, 2016; Jan. 22, 2016; Jan. 22, 2016; Feb. 12, 2019; Apr. 6, 2021, Oct. 10, 2023> | 1. | A route passenger transport business: |
| (a) | City bus transport business: Business of transporting passengers using motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport after determining the operation system in a single administrative district of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, or Si (including an administrative city under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply). In such cases, the types of operation shall be classified into metropolitan types, direct seat types, seat types, general types, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| (b) | Rural bus transport business: Business of transporting passengers in determined operating lines mainly in a single administrative district of a Gun (excluding a Gun in a Metropolitan City) and transporting passengers using motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, bus types of operation shall be classified into direct seat type, seat type, general type, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| (c) | Townbus transport business: Business of transporting passengers using motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, after determining as the operating lines the courses where it is difficult for other route passenger transport business entities to operate due to the special characteristics of the first stop or last stop in a single administrative district of a Si/Gun/Gu or the special characteristics of motor vehicles used, etc. and transport passengers using motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport |
| (d) | Intercity bus transport business: Business of transporting passengers using motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport after determining the operating lines, which do not belong to the business referred to in items (a) through (c). In such cases, types of operation shall be classified into high-speed, direct type, general type, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| 2. | Area-passenger transport business: |
| (a) | Leased bus transport business: Business of transporting passengers using a motor vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under one transport contract with the whole country as it business area without designating operating lines: Provided, That pursuant to one transport contract with the head of any of the following institutions, facilities, etc., where a motor vehicle is operated only for the purpose of commuting or attending school of its member [in cases of an agency managing an industrial complex, quasi-industrial complex, or inducement district for factory location under the Industrial Sites and Development Act (hereafter referred to as "industrial complex, etc." in this Article), including a member of an occupant enterprise of the relevant industrial complex, etc.,(excluding cases where fares are received from individual passengers by means of cash, coupon, card payment, etc., irrespective of the recipient of fares)], it shall be deemed that operating lines have not been determined. |
| (i) | Government agencies, local governments, and their funding institutions and research institutes or other public corporations; |
| (iii) | Management agencies of industrial complexes, etc. prescribed and publicly notified by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor; |
| (b) | Special passenger transport business: Business of transporting persons who participate in funerals and corpses (including their remains) by using special motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under one transport contract with the whole country as it business area without designating operating lines; |
| (c) | Regular taxi transport business: The business of transporting passengers using motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under one transport contract without designating operating lines in a business area prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: In such cases, it shall be classified into light size, small size, medium size, large size, model type, premium type, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| (d) | Privately owned taxi transport business: The business of transporting passengers by a taxi operator directly driving (excluding cases where there are reasons prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the illness of the taxi operator) a motor vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under one transport contract without designating operating lines in a business area prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:: In such cases, it shall be classified into light size, small size, medium size, large size, model type, premium type, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 3-2 (Subjects of Deliberative Committee on Business Areas) |
"Passenger transport business prescribed by Presidential Decree" in Article 3-2 (1), (2), with the exception of its subparagraphs, and Article 3-4 (1) of the Act means regular taxi transportation business entities and privately owned taxi transportation business, respectively. [This Article Newly Inserted on Jan. 20, 2017]
| Article 3-3 (Composition of Deliberative Committee on Business Areas) |
| (1) | Members of the Deliberative Committee on Business Areas under Article 3-2 (1) of the Act (hereinafter referred to as the "Deliberative Committee") shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons. In such cases, the Minister of Land, Infrastructure and Transport shall take into account the expertise and gender of the members: |
| 1. | Public officials of Grade IV or higher in charge of Affairs Related to Taxi Transportation Business in the Ministry of Land, Infrastructure and Transport; |
| 2. | Public officials of Grade IV or higher-ranking public officials in charge of affairs related to taxi transportation business in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"); |
| 3. | Persons engaged in taxi transportation business for at least five years; |
| 4. | Persons who have extensive knowledge of and experience in the field of taxi transportation business. |
| (2) | Each member shall hold office for a term of two years and may be appointed consecutively only once. |
[This Article Newly Inserted on Jan. 20, 2017]
| Article 3-4 (Exclusion, Challenge, and Abstention of Members) |
| (1) | Where a member falls under any of the following, the member shall be excluded from deliberation and resolution by the Committee: |
| 1. | Where the member or his or her former or current spouse is a party to the agenda item at issue (including the executive officer if the party is a corporation or organization; the same shall apply to this subparagraph and subparagraph 2) or where the member shares certain rights and obligations with such party; |
| 2. | Where the member is or was a relative to the party to the agenda item at issue; |
| 3. | Where the member has provided a testimony, statement, advice, research, service or assessment in connection with the agenda item at issue; |
| 4. | Where the member or the corporation he or she belongs to is or was an agent of the party to the agenda item at issue. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations or resolutions of a member, the party may file a request for a challenge to the Deliberative Committee and the Committee shall make a decision on such request by resolution. In such cases, the member challenged shall not be allowed to participate in the resolution. |
| (3) | Where a member falls under the grounds for disqualification specified in paragraph (1), the member shall refrain from deliberations or resolutions on the agenda item at issue. |
[This Article Newly Inserted on Jan. 20, 2017]
| Article 3- 5 (Dismissal and Removal of Members) |
Where a member falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss or remove the member from office:
| 1. | If the member is unable to continue to perform his or her duties due to a mental or physical disability; |
| 2. | If the member is found to have committed misconduct in connection with his or her duties; |
| 3. | If the member is found incompetent for the office due to neglect of duty or indecent conduct or on any other ground; |
| 4. | When the member fails to recuse himself or herself even though he or she falls under any subparagraph of Article 3-4 (1). |
[This Article Newly Inserted on Jan. 20, 2017]
| Article 3-6 (Duties of Chairperson) |
| (1) | The Chairperson of the Deliberative Committee shall represent the Committee and exercise control over its affairs. |
| (2) | If the Chairperson is unable to perform his or her duties due to any unavoidable cause, the member appointed by the Chairperson in advance shall act on behalf of the Chairperson. |
[This Article Newly Inserted on Jan. 20, 2017]
| Article 3-7 (Meetings of Deliberative Committee) |
| (1) | The Chairperson shall convene and preside over meetings of the Deliberative Committee. |
| (2) | The Deliberative Committee shall commence its meetings with a majority of its incumbent members present, and adopt resolutions with the concurrent votes of a majority of the members present. |
[This Article Newly Inserted on Jan. 20, 2017]
| Article 3-8 (Detailed Rules of Operation) |
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Chairperson after the resolution by the Committee.
[This Article Newly Inserted on Jan. 20, 2017]
| Article 4 (Passenger Transport Business Subject to License or Registration by Mayor/Do Governor) |
| (1) | Passenger transport businesses required to obtain licenses of Mayor/Do Governor under the proviso to Article 4 (1) of the Act shall be an on-demand passenger transport business defined under Article 3 (1) 3 of the Act (hereinafter referred to as "on-demand passenger transport business"). <Newly Inserted on Jan. 28, 2015; Jan. 6, 2016> |
| (2) | Passenger transport business which shall be registered with the Mayor/Do Governor pursuant to the proviso to Article 4 (1) of the Act, shall be defined as village bus transport business, leased bus transport business, and special passenger transport business <Amended on Jan. 28, 2015> |
| (3) | "Passenger transport business prescribed by Presidential Decree" in Article 4 (3) of the Act means townbus transport service. <Amended on Jan. 28, 2015> |
[Title Amended on Jan. 28, 2015]
| Article 4-2 (Passenger Transport Business Subject to Linkup Transportation) |
| (1) | Transportation business entities prescribed by Presidential Decree in, with the exception of its subparagraphs, Article 4 (4) of the Act means regular taxi transportation business entities and privately owned taxi transportation business entities. |
| (1) | Transportation business entities prescribed by Presidential Decree in, with the exception of its subparagraphs, under the former part of Article 4 (5) of the Act means regular taxi transportation business entities and privately owned taxi transportation business entities. |
[This Article Newly Inserted on Jan. 20, 2017]
| Article 4-3 (Traffic Facilities Subject to Linkup Transportation) |
[This Article Newly Inserted on Jan. 20, 2017]
| Article 5 (Passenger Transport Business Requiring Separate License Standards including Driving Experience) |
Passenger transport business to which the license standards for driving experience, etc. under Article 5 (1) 3 of the Act are applied shall be privately owned taxi transport business.
| Article 6 (Passenger Transport Business Eligible for Determining Calculation Standards for Supply of Transport Capacity) |
"Passenger transport business prescribed by Presidential Decree" in Article 5 (2) of the Act means regular taxi transportation business and privately owned taxi transportation business.
| Article 6-2 (Formulation of Plans for, and Procedure for Adjustment of Supply and Demand of Passenger Transport Business) |
| (1) | "Passenger transport business prescribed by Presidential Decree" in Article 5-2 (1), the main clause of Article 5-2 (3), and the former part of Article 5-2 (4) of the Act means leased bus transport business, respectively. |
| (2) | When the Minister of Land, Infrastructure and Transport formulates a supply and demand plan for passenger transport business under Article 5-2 (1) of the Act (hereinafter referred to as "supply and demand plan"), he or she shall include the following matters: |
| 1. | Status on supply and demand of leased buses; |
| 2. | Actual state of use of leased buses; |
| 3. | Scale of appropriate supply of leased buses; |
| 4. | Scale and period of restriction on registration of leased buses; |
| 5. | Other matters necessary for adjusting supply and demand of leased buses. |
| (3) | The supply and demand plan shall be formulated every two years. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to modify a supply and demand plan, he or she shall undergo deliberation by the Supply and Demand Adjustment Committee for Passenger Transport Business under Article 5-2 (2) of the Act (hereinafter referred to as the "Supply and Demand Adjustment Committee"); Provided, That this shall not apply where he or she intends to modify minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Upon receipt of a notice of restriction on registration from the Minister of Land, Infrastructure and Transport under the former part of Article 5-2 (4) of the Act, a Mayor/Do Governor shall take the following measures and notify the Minister of Land, Infrastructure and Transport of the results thereof: |
| 1. | Restrictions on new registration of leased bus transport business; |
| 2. | Restrictions on registration of modification of a business plan containing increase in the number of leased buses; |
[This Article Newly Inserted on Jul. 28, 2014]
| Article 6-3 (Composition of Supply and Demand Adjustment Committee and Matters Subject to Deliberation) |
| (1) | The supply and demand adjustment committee shall be comprised of up to 10 members, including the chairperson. |
| (2) | The head of the Transport and Logistics Office of the Ministry of Land, Infrastructure and Transport shall be the Chairperson of the Supply and Demand Adjustment Committee, and its members shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons. <Amended on Jan. 6, 2016; Sep. 5, 2016; Jan. 20, 2017> |
| 1. | Public officials of Grade IV or higher in charge of affairs related to leased bus transport business in the Ministry of Land, Infrastructure and Transport; |
| 2. | Public officials of Grade IV or higher in charge of affairs related to leased bus transport business in the City/Do; |
| 3. | The head of the Federation of Leased Bus Transportation Business Associations established under Article 59 of the Act; |
| 4. | Deleted; <Sep. 5, 2016> |
| (3) | Deleted; <Sep. 5, 2016> |
| (4) | The Supply and Demand Adjustment Committee shall deliberate on the following matters: |
| 1. | Matters concerning the formulation and modification of a supply and demand plan: Provided, That modification of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be excluded herefrom; |
| 2. | Matters concerning the period during which the registration of leased bus transport business is restricted and the public notice thereof under Article 5-2 (3) and (4) of the Act; |
| 3. | Other matters related to the adjustment of supply and demand of leased bus transport business, which are referred by the Chairperson of the Supply and Demand Adjustment Committee to the Committee for meetings. |
| (5) | The chairperson of the Supply and Demand Adjustment Committee may organize and operate an advisory group comprised of relevant experts to provide advice on professional and technical matters concerning the field of transportation. <Newly Inserted on Sep. 5, 2016> |
[This Article Newly Inserted on Jul. 28, 2014]
| Article 6-3 (Dismissal and Removal of Supply and Demand Adjustment Committee Members) |
Where a member referred to in Article 6-3 (2) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss or remove the relevant member from office: | 1. | If the member is unable to continue to perform his or her duties due to a mental or physical disability; |
| 2. | If the member is found to have committed misconduct in connection with his or her duties; |
| 3. | If the member is found incompetent for the office due to neglect of duty or indecent conduct or on any other ground; |
| 4. | Where he/she expresses his/her intention that it is impractical for him/her to perform his/her duties. |
[This Article Newly Inserted on Jan. 6, 2016]
[Previous Article 6-4 moved to Article 6-5 <Jan. 6, 2016>]
| Article 6-5 (Composition of Supply and Demand Adjustment Committee) |
| (1) | The Chairperson of the Supply and Demand Adjustment Committee shall represent the committee and shall exercise control over its affairs. |
| (2) | If the Chairperson of the Supply and Demand Adjustment Committee is unable to perform his or her duties due to any unavoidable cause, the member appointed by the Chairperson in advance shall act on behalf of the Chairperson. |
| (3) | The Chairperson of the Supply and Demand Adjustment Committee shall convene and preside over meetings of the Committee. |
| (4) | Meetings of the Supply and Demand Adjustment Committee shall commence its meetings with a majority of its incumbent members present, and adopt resolutions with the concurrent votes of a majority of the members present. <Amended on Jan. 20, 2017> |
| (5) | The Supply and Demand Adjustment Committee shall have one executive secretary who shall be appointed by the Minister of Land, Infrastructure and Transport, from among public officials of the Ministry of Land, Infrastructure and Transport. |
| (6) | Members who have attended a meeting of the Supply and Demand Adjustment Committee may be reimbursed with allowances and travel expenses within budgetary limits: Provided, That this shall not apply where a member who is a public official attends such meeting in direct connection with his or her competent affairs. |
[This Article Newly Inserted on Jul. 28, 2014]
[Moved from Article 6-4 <Jan. 6, 2016>]
| Article 7 (Passenger Transport Business Entities Required to Report Cargo and Fare Rates) |
"Persons prescribed by Presidential Decree" in Article 8 (2) of the Act means the following persons: <Amended on Aug. 2, 2016; Dec. 29, 2020> | 1. | A person who has obtained a limited license for passenger transport business under Article 4 (3) of the Act (excluding a limited license for city bus transportation business in the provisions, with the exception of its items, of Article 37 (1) 1); |
| 2. | A person who operates a taxi transportation business classified into large-sized taxi (limited to where motor vehicles for passengers and freight are used) or premium-type taxi among persons who have obtained a license for regular taxi transport business under subparagraph 2 (c) of Article 3; |
| 3. | A person who operates a taxi transport business classified into large-sized taxi (limited to where motor vehicles for passengers and freight are used) or premium-type taxi among persons who have obtained a license for privately owned taxi transport business under subparagraph 2 (d) of Article 3; |
| 4. | A person who has registered townbus transport business under Article 4 (2). |
[This Article Wholly Amended on Sep. 15, 2015]
[Title Amended on Dec. 22, 2020]
| Article 8 (Scale or Frequency of Occurrence of Traffic Accidents Subject to Restrictions on Modification of Business Plans) |
Cases where it is possible to restrict the modification of a business plan pursuant to Article 10 (5) 4 of the Act shall be any of the following cases. <Amended on Jul. 28, 2014; Apr. 10, 2018> | 1. | Where the number of serious traffic accidents caused by a person who has obtained a license or registration for passenger transport business pursuant to Article 4 (1) of the Act (hereinafter referred to as "transport business entity") (referring to the number of serious traffic accidents under Article 11 caused by the entity during the recent one year before the date of authorization, registration, or reporting of modification of a business plan) falls under any of the following cases: |
| (a) | Where the number of motor vehicles owned by a transport business entity is less than 300: At least one case; |
| (b) | Where the number of motor vehicles owned by a transport business entity is at least 300 or less than 600: At least two cases; |
| (c) | Where the number of motor vehicles owned by a transport business entity is at least 600: At least three cases; |
| 2. | Where the traffic accident index of a transport business entity (referring to the value obtained by multiplying the number of traffic accidents caused by a transport business entity during the recent one year before the date of authorization, registration, or reporting of modification of a business plan by 10) falls under any of the following cases: Provided, That if the number of motor vehicles owned by the transport business entity is less than five, it shall be cases where the number of traffic accidents caused by the transport business entity during the recent one year before the date of authorization, registration, or reporting of modification of a business plan is at least two: |
| (a) | In cases of city bus transport business and rural bus transport business: At least 4; |
| (b) | In cases of intercity bus transport business: At least three (at least two where the type of operation is high-speed) |
| (c) | In cases of regular taxi transport business: At least two; |
| (d) | In cases of leased bus transport business: At least two; |
| (e) | In cases of special passenger transport business: At least one. |
| Article 9 (Joint Transport Service Agreement) |
Where a transport business entity intends to conclude a joint transport service agreement pursuant to Article 11 of the Act, he or she shall consider the following matters. <Amended on Dec. 30, 2011; Mar. 23, 2013> | 1. | Where the joint transport service agreement is related to the joint use of transportation facilities such as a garage, it shall promote the smooth operation of the relevant passenger transport business and the convenience of passengers; |
| 2. | Where a joint transport service agreement aims to increase the supply of transport capacity, the following standards shall be met: |
| (a) | Where transport is varied on temporary transportation demand such as weekends or holidays, it shall meet the increased demand of transportation; |
| (b) | Where transport is varied on regular transportation demand during commuting or late-night time zones prescribed and publicly notified by the Minister of Land, Infrastructure and Transport, it shall meet such transportation demand. |
| Article 10 Deleted. <Nov. 27, 2009> |
| Article 10-2 (Restrictions on Transfer or Inheritance of Transport Business) |
| (1) | "Passenger transport business prescribed by Presidential Decree" in the latter part of Article 14 (1) of the Act means leased bus transport service. <Amended on Jul. 28, 2014> |
| (2) | "Persons prescribed by Presidential Decree" and "transport business entity prescribed by Presidential Decree" in the main clauses of Articles 14 (3) and 15 (4) of the Act means private taxi transport business entities respectively. <Amended on Jul. 28, 2014; Nov. 30, 2015; Jan. 28, 2022> |
[This Article Newly Inserted on Nov. 27, 2009]
| Article 11 (Serious Traffic Accidents) |
"An accident that causes casualties in excess of the number of those prescribed by Presidential Decree" means an accident in which any of the following casualties occurs (hereinafter referred to as "serious traffic accident"):
| 1. | At least two persons who have died; |
| 2. | One dead person and at least three seriously wounded persons; |
| 3. | At least six persons who are seriously injured. |
| Article 12 (Transport Business Entities Required to Receive Transportation Revenue in Whole) |
| (1) | A person who is required to receive the full amount of transportation revenue from a transport employee (referring to a person who meets the qualifications for engaging in driving service under Article 24 of the Act; hereinafter the same shall apply) pursuant to Article 21 (1) of the Act shall be a regular taxi transport business entity: Provided, That this shall not apply to a regular taxi transport business entity in a Gun (excluding a Gun in a Metropolitan City). <Amended on Jul. 28, 2014; Mar. 21, 2023> |
| (2) | "Passenger transport business prescribed by Presidential Decree" in Article 21 (8) of the Act means regular taxi transport business and privately owned taxi transport business. <Newly Inserted on Jul. 28, 2014; Apr. 10, 2018> |
[Title Amended on Jul. 28, 2014]
| Article 12-2 (Passenger Transport Business Entities Required to Provide Traffic Safety Information) |
"Passenger transport business prescribed by Presidential Decree" in the provisions, with the exception of its subparagraphs, of Article 21 (9) of the Act means leased bus transport business. <Amended on Apr. 10, 2018> [This Article Newly Inserted on Nov. 21, 2014]
| Article 12-3 (Passenger Transport Business Subject to Reporting on Operation Information) |
"Passenger transport business prescribed by Presidential Decree" in the former part, with the exception of its subparagraphs, of Article 21 (9) of the Act means leased bus transport business. <Amended on Apr. 10, 2018> [This Article Newly Inserted on Jan. 6, 2016]
| Article 12-4 (Verification and Recording of Whether Transport Employees are Drunk) |
| (1) | Where a transport business entity verifies whether his or her transport employee is under the influence of alcohol under the former part of Article 21 (12) of the Act, he or she shall use a respirator equipped with the performance prescribed and publicly notified by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "respirator") for verification. |
| (2) | Where a transport business entity has verified whether a transport employee is under the influence of alcohol pursuant to paragraph (1), he or she shall keep and manage the name, the date and time of measurement, and the results of measurement in an electronic file or in writing which is impossible to alter for three years. |
| (3) | Except as provided in paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport shall prescribe and publicly notify detailed matters concerning the methods of using respirators and keeping, management, etc. of records thereof. |
[This Article Newly Inserted on Feb. 12, 2019]
| Article 13 (Orders to Improve Operation of Remote Routes) |
Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun (applicable only to rural bus transport business, townbus transport business, and on-demand passenger transport business) issues an order to improve the operation of remote routes and other unprofitable routes pursuant to Article 23 (1) 10 of the Act, he or she shall issue a written improvement order stating the following matters to a transport business entity. Upon receipt of the written improvement order in such cases, the entity shall commence transportation in compliance with the order within 50 days from the date of thereof: <Amended on Jul. 31, 2012; Nov. 23, 2012; Mar. 23, 2013; Jan. 28, 2015> | 1. | The address and name of the transport business entity (in cases of a corporation, referring to its name and the name of its representative, if the transport business entity is a corporation); |
| 3. | Frequency and period of operation; |
| Article 14 (Order to Operate Alternative Transportation) |
Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor issues an order to operate a passenger vehicle as an alternative means of transport pursuant to Article 23 (2) of the Act, he or she shall issue a written order to operate the passenger vehicle, stating the following matters, to a transport business entity. <Amended on Mar. 23, 2013> | 1. | The address and name of the transport business entity (in cases of a corporation, referring to its name and the name of its representative, if the transport business entity is a corporation); |
| 3. | Frequency and period of operation; |
| Article 15 (Compensation for Losses Incurred by Improvement Order or Operation Order) |
| (1) | A person who intends to be compensated for a loss pursuant to Article 23 (3) of the Act shall submit a written claim stating the following matters, along with a statement of calculation of the amount of loss, to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun (applicable only to an order to improve rural bus transport business, townbus transport business, and on-demand passenger transport business; hereafter the same shall apply in this Article): <Amended on Jul. 31, 2012; Mar. 23, 2013; Jan. 28, 2015; Apr. 10, 2018> |
| 1. | The address and name of the claimant (in cases of a corporation, referring to its name and the name of its representative, if the transport business entity is a corporation); |
| 2. | Order to improve or operate and details of implementation thereof; |
| (2) | Upon receipt of a claim for compensation for loss under paragraph (1), the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun shall examine the claim based on the mileage, the frequency of operation, the number of passengers, the number of passengers on board, etc., and where he or she deems it fair to pay the compensation for loss, he or she shall pay the claimant the compensation for loss prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 31, 2012; Mar. 23, 2013> |
| Article 16 (Restrictions on Acquisition of Qualification for Engaging in Driving Service) |
| (1) | "Passenger transport business prescribed by Presidential Decree" in the provisions, with the exception of its subparagraphs, of Article 24 (4) of the Act means regular taxi transport business and privately owned taxi transport business. |
| (2) | "Period prescribed by Presidential Decree" in the provisions, with the exception of its items, of Article 24 (4) 1 of the Act means the following periods. <Amended on Jan. 28, 2022> |
| 1. | Offenses under the items of Article 24 (3) 1 of the Act: The following periods: |
| (e) | Offenses under each subparagraph of Article 61 (1) of the Narcotics Control Act and any attempt to commit any of the offenses under paragraph (3) of the same Article (excluding any attempt to commit any of the offenses under paragraph (1) 2, 3, and 8 of the same Article): Ten years; |
| (i) | Offenses under each subparagraph of Article 63 (1) of the Narcotics Control Act and any attempts to commit any of the offenses under paragraph (3) of the same Article (limited to any attempts to commit any of the offenses under paragraph (1) 2 through 5, 11, and 12 of the same Article): Four years; |
| (j) | Offenses under Article 63 (2) of the Narcotics Control Act and any attempts to commit any of the offenses under paragraph (3) of the same Article (limited to any attempts to commit any of the offenses under paragraph (2) of the same Article): Six years; |
| 3. | Offenses under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sexual Abuse: 20 years; |
[This Article Wholly Amended on Jun. 30, 2017]
[This Article was amended by Presidential Decree No. 28175 on Jun. 30, 2017, pursuant to the decision of unconformity with the Constitution by the Constitutional Court on Dec. 23, 2015]
| Article 16-2 (Posting of Certificate of Driving Qualification through Electronic Media, Apparatus) |
"Transport employees prescribed by Presidential Decree" in Article 24-2 (2) of the Act means any of the following persons. <Amended on Aug. 2, 2016> | 1. | Transport employees of regular taxi transport business classified as a large-sized (limited to where a motor vehicle is used) or premium type business among regular taxi transportation businesses; |
| 1. | Transport employees of regular taxi transport business classified as a large-sized (limited to where a motor vehicle is used) or premium type business among privately owned taxi transportation businesses; |
[This Article Newly Inserted on Feb. 23, 2016]
[Previous Article 16-2 moved to Article 16-3 <Feb. 23, 2016>]
| Article 16-3 (Passenger Transport Business Exempt from Matters to Be Observed by Transport Employees) |
"Passenger transport business prescribed by Presidential Decree" in Article 26 (2) 1 and 2 of the Act means regular taxi transport business and privately owned taxi transport business. [This Article Newly Inserted on Jul. 28, 2014]
[Moved from Article 16-2 <Feb. 23, 2016>]
| Article 17 Deleted. <Jul. 28, 2014> |
| Article 17-2 (Wearing Seat Safety Belts) |
| (1) | "Roads prescribed by Presidential Decree" in the main clause of Article 27-2 (1) of the Act means the following roads. <Amended on Jul. 28, 2014> |
| (2) | "Motor vehicles for passenger transport business prescribed by Presidential Decree" in the main clause of Article 27-2 (1) of the Act means the following motor vehicles: <Amended on Jul. 28, 2014> |
| 1. | Motor vehicles used for city bus transport business (limited to metropolitan transport business) among route passenger transport business; |
| 2. | Motor vehicles used for intercity bus transport business among route passenger transport business; |
| 3. | Motor vehicles used for area-passenger transport business: Provided, That in cases of motor vehicles used for regular taxi transport business and privately owned taxi transport business, such motor vehicles shall be limited to national expressways and motorways exclusively for motor vehicles among the roads referred to in paragraph (1) ;1 |
| (3) | "Cases prescribed by Presidential Decree" in the proviso of Article 30-2 (1) of the Act means any of the following persons: <Amended on Jul. 28, 2014> |
| 1. | A person who is deemed inappropriate to wear a seat belt due to an injury, disease, disability, pregnancy, etc.; |
| 2. | A person who is deemed inappropriate to wear a seat belt due to his or her height, weight, or other physical conditions; |
[This Article Newly Inserted on Nov. 23, 2012]
| Article 17-3 (Installation of Image Recording Devices) |
| (1) | "Passenger transport business prescribed by Presidential Decree" in the main clause of Article 27-3 (1) of the Act means the following passenger transport businesses: |
| 1. | Route passenger transport business under the items of subparagraph 1 of Article 3; |
| 2. | Leased bus transport business under subparagraph 2 (a) of Article 3; |
| (2) | Pursuant to Article 27-3 (2) of the Act, a transport business entity shall install a signboard indicating the following matters at a place easily visible to transport employees or passengers, such as the entrance of a commercial motor vehicle, etc.: |
| 1. | Purpose of installing image recording devices; |
| 2. | The location where image recording devices are installed, the scope of shooting, and the shooting time; |
| 3. | Name and contact information of a person in charge of managing image recording devices; |
| 4. | Other matters deemed necessary by transport business entities. |
| (3) | Pursuant to Article 27-3 (7) of the Act, a transport business entity shall prepare guidelines for the operation and management of image recording devices, including the following matters: |
| 1. | Basis for, and purpose of installing image recording devices; |
| 2. | The number of installing the image recording devices, location where the devices are installed, and the scope of shooting; |
| 3. | Scope of persons in charge of managing image recording devices, departments in charge, and persons who have access to image recording; |
| 4. | Time of shooting the image recording, period and place for record-keeping, and methods of processing such recording; |
| 5. | Methods by transport business entities for verifying image recording such as methods for externally providing image recording; |
| 6. | Measures taken in response to requests from information subjects for accessing image recording; |
| 7. | Application of technology or measures to safely store and transmit image recording and prevent unauthorized access, forgery, and alteration thereof; |
| 8. | Other matters necessary for the installation, operation, and management of image recording devices. |
[This Article Newly Inserted on Oct. 1, 2019]
| Article 18 Deleted. <Apr. 6, 2021> |
| Article 19 (Authorization for Modification of Execution of Construction Works for Passenger Terminal) |
Modification of matters subject to authorization for modification pursuant to Article 38 (1) of the Act shall be as follows: | 1. | Alteration of the structure and location of exits and entrances of motor vehicles; |
| 2. | Alteration of the area and structure of facilities for passengers or motor vehicles; |
| Article 20 (Notification of Administrative Disposition) |
Where a Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si/Gun/Gu") takes any of the following administrative dispositions against a passenger terminal (hereinafter referred to as "terminal") used by a transport business entity whose principal office is located within the jurisdiction of another City/Do, he or she shall notify the Mayor/Do Governor having jurisdiction over the principal office of the relevant transport business entity of the details thereof without delay: <Amended on Nov. 23, 2012; Jul. 28, 2014; Sep. 8, 2020>
| 1. | Authorization for modification of the location, size, structure, equipment, etc. of a terminal under Article 43 of the Act; |
| 2. | Order to use terminal pursuant to Article 45 of the Act; |
| 3. | Permission for suspension or closure of terminal business under Article 48 of the Act; |
| 4. | Revocation of a license for terminal business and suspension of business under Article 85 of the Act. |
| Article 20-2 (Permission to Engage in Passenger Platform Transport Business) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to grant permission for passenger platform transport business (hereinafter referred to as "platform transport business") pursuant to Article 49-3 (1) of the Act, he or she may grant permission only for up to 10 years pursuant to paragraph (2) of the same Article. |
| (2) | "Passenger transport business prescribed by Presidential Decree" in Article 49-3 (3) 2 of the Act means regular taxi transport business and privately owned taxi transport business under subparagraph 2 (c) and (d) of Article 3. |
[This Article Wholly Amended on Apr. 6, 2021]
| Article 20-3 (Composition of Deliberative Committee on Platform Transport Business) |
| (1) | The members of a deliberative committee on platform transport business (hereafter in this Article referred to as the "Committee") shall be the following persons appointed or commissioned by the Minister of Land, Infrastructure and Transport pursuant to paragraph (3) of the same Article: |
| 1. | One public official belonging to the Senior Executive Service in charge of affairs related to passenger transport service in the Ministry of Land, Infrastructure and Transport; |
| 2. | At least one person who has majored in the fields related to transportation, automobiles, and passenger transport platforms and has majored in a university, college, or college or an officially recognized research institute as an associate professor or higher or in a position equivalent thereto; |
| 3. | At least one person who has at least five years' work experience as an employee or a person who has engaged in affairs related to the guarantee of consumers' rights and interests for at least five years; |
| 4. | Not more than six persons who are deemed to have qualifications equivalent to those falling under subparagraphs 1 through 3. |
| (2) | Where the Chairperson of the Deliberative Committee is unable to perform his or her duties due to any unavoidable cause, a member referred to in paragraph (1) 1 and a member designated in advance by the Chairperson shall act on behalf of the Chairperson. |
| (3) | The Deliberative Committee shall have one secretary to handle its administrative affairs, who shall be appointed by the Minister of Land, Infrastructure and Transport from among public officials belonging to the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended on Apr. 6, 2021]
| Article 20-4 (Exclusion, Challenge, and Abstention of Members) |
| (1) | Where a member of the Business Deliberative Committee falls under any of the following, the member shall be excluded from deliberation and resolution by the Committee: |
| 1. | Where a Business Deliberative Committee member or his or her spouse or former spouse is a party (including executive officers, if the party is a corporation, organization, etc.; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant agenda item or is a joint right holder or obligor with a party in an agenda item; |
| 2. | Where a Business Deliberative Committee member is or was a relative of a party to the relevant agenda item; |
| 3. | Where a Business Deliberative Committee member has provided a testimony, statement, consultation, research, service or appraisal concerning the relevant agenda item; |
| 4. | Where a Business Deliberative Committee member or a corporation to which a member of a Deliberative Committee member belongs is or was an agent of a party to the relevant agenda item. |
| (2) | Where a party to the relevant agenda item finds it impracticable to expect a fair deliberation and resolution from a member of the Business Deliberative Committee, the party may file a request for challenge to the member with the Business Deliberative Committee, and the Committee shall decide whether to accept the request by resolution. In such cases, the member of the Business Deliberative Committee subject to the request for challenge shall not participate in the resolution. |
| (3) | Where a Business Deliberative Committee member falls under the grounds for exclusion specified in paragraph (1), the member shall refrain from deliberations or resolutions on the agenda item at issue. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-5 (Dismissal and Removal of Members) |
Where a Business Deliberative Committee member falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss or remove the member from office:
| 1. | Where he or she becomes unable to perform his or her duties due to a mental disorder; |
| 2. | If the member is found to have committed misconduct in connection with his or her duties; |
| 3. | Where the member is deemed unsuitable as a member of the Business Deliberative Committee due to neglect of duties, injury to dignity, or other reasons; |
| 4. | When the member fails to recuse himself or herself even though he or she falls under any subparagraph of Article 20-4 (1); |
| 5. | Where the member expresses his or her intention that it is impractical for him or her to perform his or her duties. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-6 (Operation of Business Deliberation Committee) |
| (1) | The Business Deliberative Committee shall commence its meetings with a majority of its incumbent members present, and adopt resolutions with the concurrent votes of a majority of the members present. |
| (2) | The Specialized Committee may be established to professionally examine matters subject to deliberation and resolution by the Business Deliberative Committee in advance. |
| (3) | When the Specialized Committee is established pursuant to paragraph (2), the Committee shall be composed of up to five members, including one Chairperson. |
| (4) | The Chairperson of the Specialized Committee under paragraph (2) shall be appointed by the Chairperson of the Business Deliberative Committee from among the members of the Specialized Committee, and the Specialized Committee members shall be appointed or commissioned by the Chairperson of the Business Deliberative Committee from among the following persons: |
| 1. | Experts in the relevant field from among members of the Business Deliberative Committee; |
| 2. | Public officials belonging to relevant central administrative agencies; |
| (5) | The Business Deliberative Committee members or the Specialized Committee members may be reimbursed with allowances and travel expenses within budgetary limits: Provided, That the same shall not apply where a member who is a public official attends such meeting in direct connection with his or her competent duties. |
| (6) | Except as otherwise provided in paragraphs (1) through (5), matters necessary for the operation of the Business Deliberative Committee or the Specialized Committee shall be determined by the Chairperson of the Business Deliberative Committee , subject to resolution by the Business Deliberative Committee. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-7 (Standards for Calculation of Contributions for Stabilization of Passenger Transport Markets) |
| (1) | Contributions for Stabilization of Passenger Transport Market (hereinafter referred to as "contributions") to be paid by a person who has obtained permission for platform transport business pursuant to Article 49-5 (1) of the Act (hereinafter referred to as "platform transport business entity") pursuant to Article 49-5 (1) of the Act shall be the amount calculated on a quarterly basis by multiplying the total transport sales (including sales generated from providing services added to transportation) for the relevant quarter by 5/100 by the total transport sales (including sales generated from providing services added to transportation) for the relevant quarter by 5/100: Provided, That at the request of a platform transport business entity, the amount may be calculated on a quarterly basis as an amount calculated by multiplying the total transport sales of 800 won per frequency of operation or 400,000 won per month per month for the number of commercial motor vehicles permitted under Article 49-3 of the Act (hereinafter referred to as “number of permitted units”). |
| (2) | Notwithstanding paragraph (1), contributions where a platform transport business entity meets all of the following criteria shall be an amount equivalent to 50/100 of the amount calculated pursuant to the main clause of paragraph (1) or the proviso to paragraph (1) (where the number of permitted units is less than 200, 25/100 of the amount calculated pursuant to the main clause of paragraph (1) or the proviso to paragraph (1)). <Amended on Jun. 28, 2022> |
| 2. | The number of permitted units shall be less than 300; |
| (3) | In any of the following cases, contributions for the relevant quarter shall be the amount calculated by calculating the amount calculated pursuant to paragraph (1) or (2) in proportion to the number of days: |
| 1. | Where the business commences, suspends, or terminates during a quarter; |
| 2. | Where the number of contributions calculated pursuant to paragraph (1) or (2) is changed because the number of permitted units is changed pursuant to Article 49-3 (6) of the Act during a quarter; |
| (4) | Matters necessary for the calculation of transport sales, frequency of operation, etc. under paragraphs (1) through (3) shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-8 (Payment Cycle of Contributions) |
| (1) | The Minister of Land, Infrastructure and Transport shall issue a notice of payment of contributions on a quarterly basis, stating the following matters in detail, to a platform transport business entity: |
| 1. | Calculation standards and basis for calculation; |
| 2. | Amount of, and deadline for payment; |
| 3. | Place and method of payment; |
| 4. | Method of, and period for filing objections; |
| (2) | The deadline for payment of contributions shall be 30 days from the date a platform transport business entity receives a notice of payment of contributions under paragraph (1). |
| (3) | Contributions may be paid by means of cash, credit card, debit card, etc. |
| (4) | A platform transport business entity who has an objection to a contribution issued pursuant to paragraph (1) may file an objection with the Minister of Land, Infrastructure and Transport within 30 days from the date on which a notice of payment of contribution is issued, along with documents evidencing the grounds for filing the objection. |
| (5) | Upon receipt of an objection filed under paragraph (4), the Minister of Land, Infrastructure and Transport shall notify the applicant of the result thereof in writing within 15 days from the date of receipt of the objection: Provided, That the period may be extended by up to 10 days in unavoidable circumstances. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the payment of contributions, filing of objections, etc. shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-9 (Postponement of Deadline for Payment of Contributions) |
| (1) | Where a platform transport business entity in receipt of a notice of payment of contributions under Article 20-8 (1) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may extend the payment deadline by up to the period prescribed in the following subparagraphs. <Amended on Jun. 28, 2022> |
| 1. | Where it is deemed impracticable to pay contributions due to any of the following grounds: One year: |
| (a) | Where he or she suffers significant property loss due to natural disasters, theft, security incidents, etc.; |
| (b) | Where his or her business is in a serious crisis due to worsening economic or business conditions; |
| (c) | Where the Minister of Land, Infrastructure and Transport deems that there exists any other ground corresponding to those referred to in items (a) and (b). |
| 2. | Where all the following requirements are met: two years: |
| (b) | The number of permitted units shall be less than 100. |
| (2) | A platform transport business entity who intends to apply for postponement of payment of contributions under paragraph (1) shall submit an application for postponement of payment of contributions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport, along with documents evidencing the grounds for postponement. |
| (3) | Upon receipt of an application for postponement of the deadline for payment of contributions under paragraph (2), the Minister of Land, Infrastructure and Transport shall notify the applicant of the results thereof within 20 days from the date of receipt of the application for postponement. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-10 (Payment of Overdue Charges) |
| (1) | "Overdue charges calculated at a rate prescribed by Presidential Decree" in Article 49-5 (3) of the Act means the amount classified as follows: |
| 1. | Overdue charges to be paid where contributions are not paid in full by the payment deadline: An amount equivalent to 3/100 of the overdue contributions. |
| 2. | Overdue charges to be paid in addition to the overdue charges referred to in subparagraph 1 where overdue contributions are not paid: An amount equivalent to 12/1,000 of the overdue contributions per one month of the overdue period. |
| (2) | Except as otherwise provided for in paragraph (1), matters necessary for the payment of overdue charges shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-11 (Disposition of Suspension of Business for Failure to Pay Contributions) |
| (1) | "Period prescribed by Presidential Decree" in Article 49-5 (5) of the Act means six months. |
| (2) | The standards for administrative dispositions under Article 49-5 (5) of the Act shall be classified as follows, based on the total number of quarters in which contributions are not paid: |
| 1. | More than two quarters but not more than four quarters: suspension of business for one month; |
| 2. | More than four quarters but not more than six quarters: suspension of business for three months; |
| 3. | More than six quarters but not more than eight quarters: suspension of business for six months; |
| 4. | More than eight quarters: revocation of permission; |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-12 (Qualifications for Platform Transport Employees qualifications to Engage in Driving Service) |
"Passenger transport business prescribed by Presidential Decree" in Article 49-8 (2) of the Act means regular taxi transport business and privately owned taxi transport business under subparagraph 2 (c) and (d) of Article 3. [This Article Newly Inserted on Apr. 6, 2021]
| Article 20-13 (Persons Eligible for Membership of Passenger Platform Transport Franchisees) |
"Passenger transport business prescribed by Presidential Decree" in Article 49-11 (1) of the Act means regular taxi transport business and privately owned taxi transport business under subparagraph 2 (c) and (d) of Article 3. [This Article Newly Inserted on Apr. 6, 2021]
| Article 20-14 (Orders to Improve Passenger Platform Transport Franchise Business) |
"Matters prescribed by Presidential Decree" in Article 49-14 (5) of the Act means the following: | 1. | Improvement of operation of joint networks under Article 49-12 (1) 3 of the Act; |
| 2. | Improvement of additional passenger transportation services; |
| 3. | Other measures necessary to expand and protect the transportation convenience of passengers; |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 20-15 (Revocation of Licenses for Passenger Platform Transport Franchise) |
The criteria for issuing an order to revoke a license or suspend business under Article 49-15 of the Act to a person who has obtained a license for passenger platform transport franchise (hereinafter referred to as "platform franchise") pursuant to Article 49-10 (1) of the Act (hereinafter referred to as "platform franchisor") shall be as specified in attached Table 1. [This Article Newly Inserted on Apr. 6, 2021]
| Article 21 (Application for Subsidies or Loans) |
| (1) | A person who intends to obtain a subsidy or loan pursuant to Article 50 (1) of the Act shall file an application stating the following matters with the Minister of Land, Infrastructure and Transport via the competent Mayor/Do Governor <Amended on Mar. 23, 2013; Feb. 12, 2019> |
| 1. | The address and name of the applicant (in cases of a corporation, referring to its name and the name of its representative, if the transport business entity is a corporation); |
| 2. | The type, license or registration number and date of passenger transport service; |
| 3. | Reasons why the applicant intends to receive the subsidy or loan; |
| 4. | The amount of the subsidy or loan that the applicant intends to receive. |
| (2) | The application referred to in paragraph (1) shall be accompanied by the following documents: |
| 1. | A project plan stating the purpose, implementation plan, effect, facilities, etc. of the project for which a person intends to obtain a subsidy or loan; |
| 2. | A plan for the use of subsidies or loans; |
| Article 21-2 (Transportation Business Eligible for Subsidies or Loans) |
"Passenger transport business prescribed by Presidential Decree" in Article 5 (2) 5 of the Act means regular taxi transportation business and privately owned taxi transportation business. [This Article Newly Inserted on Nov. 27, 2009]
| Article 21-3 (Financial Support for Compensation for Reducing Number of Taxis) |
| (1) | Where the Minister of Land, Infrastructure and Transport grants compensation for reducing the number of taxis to a local government pursuant to Article 50 (4) 1 of the Act, he or she shall prepare guidelines for subsidizing some of the expenses incurred therein in consultation with the Minister of Economy and Finance and notify the relevant local government of such guidelines. <Amended on Mar. 23, 2013; Apr. 10, 2018; Sep. 24, 2021> |
| (2) | The guidelines under paragraph (1) shall include the following: |
| 1. | Eligibility for compensation for reducing the number of taxis and the method of calculating the compensation; |
| 2. | Rate and scope of support for compensation for reducing the number of taxis; |
| 3. | Procedures for applying for compensation for reducing the number of taxis; |
| 4. | Other matters concerning compensation for reducing the number of taxis. |
| (3) | Upon receipt of an application from a local government for compensation for reducing the number of taxis, the Minister of Land, Infrastructure and Transport may adjust the amount of compensation, etc., depending on financial conditions. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 27, 2009]
| Article 21-4 (Persons Eligible for Oil Price Subsidies) |
"Transport business entities prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 50 (5) of the Act means the following transport business entities. <Amended on Sep. 24, 2021> | 1. | A route passenger transport business entity; |
| 2. | A regular taxi transport business entity; |
| 3. | A private taxi transport business entity (including a person who drives a privately owned taxi transport business entity's commercial motor vehicles on behalf of the entity in cases of private taxi transport business which is not directly driven by the business entity due to any reason referred to in the former part of subparagraph 2 (d) of Article 3). |
[This Article Newly Inserted on Jul. 31, 2012]
| Article 21-5 (Standards, Methods, and Procedures for Payment of Oil Price Subsidies) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun may grant a subsidy under Article 50 (5) of the Act (hereinafter referred to as "oil subsidy") where a transport business entity under Article 21-4 purchases oil by meeting all of the following requirements: |
| 1. | It shall be oil purchased by a transport business entity who has registered his or her business pursuant to Article 8 of the Value-Added Tax Act and actually engages in his or her business; |
| 2. | The entity shall not be subject to restrictions on operation under the Act or other statutes or regulations; |
| 3. | The transport shall be operated by a person who meets the qualification requirements for driving service in passenger transport business under Article 24 (1) of the Act; |
| 4. | The transport shall be directly fueled from the fixed equipment at a gas station or of a private fueling facility; |
| 5. | The entity shall purchase fuels which are consistent with fuels of the relevant passenger motor vehicle; |
| 6. | The purchaser's name, motor vehicle registration number, date and place of purchase, amount of purchase, type and unit price of purchased petroleum, etc. stated in materials substantiating the purchase of petroleum shall be consistent with the actual details of fueling; |
| 7. | Fuel shall be purchased with a credit card or debit card under subparagraph 3 or 6 of Article 2 of the Specialized Credit Finance Business Act issued by a credit card company under subparagraph 2-2 of Article 2 of the same Act (limited to a person selected by the Minister of Land, Infrastructure and Transport) or a card used for applying for subsidies (hereinafter referred to as "fuel purchase card"): Provided, That this shall not apply to cases determined and publicly notified by the Minister of Land, Infrastructure and Transport, such as where a fuel purchase card cannot be used due to loss, damage, expiration of validity period, etc. of a fuel purchase card, or where the fuel is directly received from a fixed equipment of a private fueling facility, etc. |
| 8. | The transport business entity shall not be subsidized for the expenses of fueling or supplied with oil exempted from tax under other statutes or regulations or treaties or agreements between countries; |
| 9. | He or she shall comply with other matters prescribed and publicly notified by the Minister of Land, Infrastructure and Transport as necessary for the payment of subsidies. |
| (2) | The amount of oil price subsidies to be paid shall be calculated by multiplying the quantity of oil purchased by a transport business entity by the unit price prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (3) | A fuel subsidy shall be paid to a transport business entity who owns a motor vehicle for passenger transport business filled with oil. |
| (4) | A transport business entity shall request the payment of oil price subsidies through a credit card company that has issued a fuel purchase card: Provided, That in cases falling under the proviso to paragraph (1) 7, a transport business entity may directly request the payment of oil price subsidies to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, along with the data referred to in paragraph (1) 6. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters concerning the standards, methods, and procedures for paying oil price subsidies shall prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 24, 2021]
[Previous Article 21-5 moved to Article 21-6 <Sep. 24, 2021>]
| Article 21-6 (Entities eligible for Payment of Natural Gas Fuel Subsidies) |
Transport business entities prescribed by Presidential Decree in the former part, with the exception of the subparagraphs, of Article 50 (6) of the Act means route passenger transport business entities and leased bus transport business entities. <Amended on Sep. 24, 2021> [This Article Newly Inserted on Jun. 2, 2017]
[Moved from Article 21-5; previous Article 21-6 moved to Article 21-11 <Sep. 24, 2021>]
| Article 21-7 (Standards, Methods, and Procedures for Payment of Natural Gas Fuel Subsidies) |
Article 21-5 shall apply mutatis mutandis to the standards, methods, and procedures for granting subsidies under Article 50 (6) of the Act. In such cases, "transport business entities under Article 21-4" shall be construed as "transport business entities under Article 21-6"; "oil" shall be construed as "natural gas"; "oil subsidy" as "natural gas fuel subsidy"; "gas stations" as "fueling stations"; "self-owned oil facilities" as "self-charging facilities"; "fueling" as "charging"; and "fuel expenses" as "fuel expenses for natural gas". [This Article Newly Inserted on Sep. 24, 2021]
| Article 21-8 (Persons Eligible for Hydrogen Fuel Subsidies) |
Transport business entities prescribed by Presidential Decree in the former part of Article 50 (7) of the Act means the following transport business entities: | 1. | A route passenger transport business entity; |
| 2. | A leased bus business entity; |
| 3. | A regular taxi transport business entity; |
| 4. | A private taxi transport business entity (including a person who drives a privately owned taxi transport business entity's commercial motor vehicles on behalf of the entity in cases of private taxi transport business which is not directly driven by the business entity due to any reason referred to in the former part of subparagraph 2 (d) of Article 3). |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 21-9 (Standards, Methods, and Procedures for Payment of Hydrogen Fuel Subsidies) |
Article 21-5 shall apply mutatis mutandis to the standards, methods, and procedures for granting subsidies under Article 50 (7) of the Act. In such cases, "transport business entities under Article 21-4" shall be construed as "transport business entities under Article 21-8"; "oil" shall be construed as "hydrogen fuels"; "oil subsidy" as "hydrogen fuel subsidy"; "gas stations" as "fueling stations"; "self-owned oil facilities" as "self-charging facilities"; "fueling" as "charging"; and "fuel expenses" as "expenses for hydrogen fuel". [This Article Newly Inserted on Sep. 24, 2021]
| Article 21-10 (Provision of Data) |
"Necessary data prescribed by Presidential Decree" in the former part of Article 50 (8) of the Act means the following: | 3. | Data on the qualifications for engaging in driving service in passenger transport business under Article 24 of the Act and data on the revocation of qualifications of transport employees under Article 87 of the Act; |
| 6. | Other data prescribed and publicly notified by the Minister of Land, Infrastructure and Transport for the efficient operation of subsidy payment affairs under Article 50 (5) through (7) of the Act. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 21-11 (Financial Support for Training of Bus Drivers) |
Pursuant to Article 50 (9) of the Act, the Minister of Land, Infrastructure and Transport or the Minister of Employment and Labor may subsidize some of the following expenses within budgetary limits to persons who participate in education and training for nurturing bus drivers conducted by the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority"). <Amended on Sep. 24, 2021> | 1. | Education and training expenses; |
| 2. | Application fees for qualifying examinations. |
[This Article Newly Inserted on Dec. 8, 2020]
[Moved from Article 21-6 <Sep. 24, 2021>]
| Article 21-12 (Grounds for Suspension of Payment of Fuel Subsidies) |
| (1) | Cases where the payment of fuel subsidies is suspended pursuant to subparagraph 5 of Article 51-2 of the Act shall be as follows: |
| 1. | Where he or she operates a motor vehicle by increasing the number of motor vehicles or the frequency of operation without obtaining authorization for modification or registration of modification of his or her business plan pursuant to the main clause of Article 10 (1) of the Act or the main clause of paragraph (2) of that Article; |
| 3. | Where he or she fails to meet the payment standards under the subparagraphs of Article 21-5 (1); |
| (2) | Detailed matters necessary for the suspension of payment of fuel subsidies under paragraph (1) shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 21-13 (Grounds for Suspension of Payment of Natural Gas Fuel Subsidies) |
Article 21-12 shall apply mutatis mutandis to the grounds for suspending the payment of natural gas fuel subsidies prescribed by Presidential Decree pursuant to subparagraph 5 of Article 51-3 of the Act. In such cases, "each subparagraph of Article 21-5 (1)" shall be construed as "each subparagraph of Article 21-5 (1) which is applied mutatis mutandis in Article 21-7" and "fuel subsidy" as "natural gas fuel subsidy". [This Article Newly Inserted on Sep. 24, 2021]
| Article 21-14 (Grounds for Suspension of Payment of Hydrogen Fuel Subsidies) |
| (1) | "Matters prescribed by Presidential Decree" in Article 51-4 (1) 5 of the Act means the payment standards provided in the subparagraphs of Article 21-5 (1), which are applied mutatis mutandis in Article 21-9. |
| (2) | Where it is intended to suspend the payment of hydrogen fuel subsidies pursuant to Article 51-4 (2) of the Act, the transaction function of a fuel purchase card shall be suspended. |
| (2) | Detailed matters necessary for the suspension of payment of hydrogen fuel subsidies under paragraph (1) and (2) shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 22 (Composition of Board of Representatives) |
| (1) | The Committee of Representatives of an association under Article 58 of the Act shall be comprised of the chairperson and representatives of the association. |
| (2) | The fixed number of representatives shall be determined by the articles of association of the association, and shall be the fixed number in proportion to the number of its members. |
| (3) | Necessary matters for the term of office and election method of representatives, operation of the representative meeting, etc. shall be determined by the Articles of Incorporation of the association. |
| Article 23 (Permission for Mutual Aid Fund) |
| (1) | Association or Federation that intends to obtain permission for mutual aid business pursuant to Article 60 (1) of the Act shall submit an application for permission to the Minister of Land, Infrastructure and Transport, along with the following documents. <Amended on Mar. 23, 2013> |
| 1. | Mutual aid regulations; |
| 3. | Statement of income and expenditure; |
| 4. | The minutes of the inaugural general meeting. |
| (2) | The accounts for the mutual aid fund shall be managed separately from the accounts for other projects. |
| Article 24 (Establishment of Mutual Aid Associations) |
| (1) | A person who intends to obtain authorization for establishing mutual aid association pursuant to Article 61 (1) of the Act shall submit an application for permission to the Minister of Land, Infrastructure and Transport, along with the following documents. <Amended on Mar. 23, 2013> |
| 1. | Articles of incorporation; |
| 3. | Statement of income and expenditure; |
| 4. | The minutes of the inaugural general meeting. |
| (2) | The Minister of Land, Infrastructure and Transport shall authorize only one mutual aid association for each federation under Article 59 (1) of the Act (where no federation has been established, referring to its type of business) <Amended on Mar. 23, 2013> |
| Article 25 (Matters to be Stated in Articles of Incorporation) |
Matters to be included in the articles of association of a mutual aid association under Article 61 (7) of the Act shall be as follows: | 3. | Address of its office; |
| 4. | Matters regarding qualifications for, membership of, and withdrawal from, association members; |
| 5. | Matters regarding assets and accounting; |
| 6. | Matters concerning general meetings; |
| 7. | Matters concerning the steering committee; |
| 8. | Matters concerning executives and employees; |
| 9. | Matters concerning its business and execution thereof; |
| 10. | Matters concerning amendments to the articles of incorporation; |
| 11. | Matters regarding dissolution and disposal of the remaining property. |
| Article 26 (Submission of Budget and Settlement of Accounts) |
| (1) | The mutual aid association shall budget its gross revenue and expenditure for each business year and shall submit the budget to the Minister of Land, Infrastructure and Transport not later than one month before the commencement of the relevant business year. <Amended on Mar. 23, 2013> |
| (2) | The mutual aid association shall complete the settlement of accounts within two months after the end of each business year and shall submit a report on the settlement of accounts to the Minister of Land, Infrastructure and Transport along with a statement of financial position and an income statement. <Amended on Mar. 23, 2013; Jan. 5, 2021> |
| (3) | The mutual aid association shall keep the statement of financial position and profit and loss statement submitted to the Minister of Land, Infrastructure and Transport pursuant to paragraph (2) at its main office and branches, and shall publicly announce the statement of financial position. <Amended on March 23, 2013, January 5, 2021> |
| Article 27 (Steering Committee) |
| (1) | The Steering Committee (hereinafter referred to as the "Steering Committee") established under Article 63 of the Act (including cases applied mutatis mutandis in Article 60 (2) of the Act) shall be comprised of the following members. In such cases, the number of members falling under subparagraphs 2 and 3 shall be less than 1/2 of the total number of members: <Amended on Mar. 23, 2013; Jul. 28, 2014> |
| 1. | Any of the following persons commissioned by the president of a mutual aid association (referring to the president of the relevant association and the chairperson of the relevant federation, if the association or federation conducts mutual aid business after obtaining permission from the Minister of Land, Infrastructure and Transport pursuant to Article 60 (1) of the Act) after obtaining prior approval from the Minister of Land, Infrastructure and Transport: |
| (a) | A person who majored in finance, insurance, or accounting and holds or held the position of associate professor or higher in a university or college; |
| (b) | A person qualified as an attorney-at-law, a certified public accountant, or a certified damage adjuster; |
| (c) | A person serving as an executive of an insurance company under the "Insurance Business Act," the Korea Consumer Agency under the "Framework Act on Consumers," or a consumer organization registered under Article 29 of that Act; |
| (d) | A person who has at least 10 years of work experience in the field of transport policies or research; |
| 2. | A person appointed by a general meeting from among members of an association (referring to members of the association and association members as members of the relevant federation, where the association or federation conducts mutual-aid business after obtaining permission from the Minister of Land, Infrastructure and Transport pursuant to Article 60 (1) of the Act) |
| 3. | The chairperson of the relevant federation; |
| 4. | The president of the relevant mutual aid association (referring to a person who exercises overall control over the mutual aid business as prescribed by the mutual aid regulations, if the association or federation conducts the mutual aid business after obtaining permission from the Minister of Land, Infrastructure and Transport pursuant to Article 60 (1) of the Act). |
| (2) | The term of office of a member referred to in paragraph (1) 1 and 2 shall be two years, and the term of office of a member filling a vacancy shall be the remainder of his or her predecessor's term of office. |
| (3) | The steering committee shall have one chairperson and one vice-chairperson, respectively, and the chairperson and the vice-chairperson shall be elected from among the members. In such cases, one of the chairperson and one of the vice-chairpersons shall be a person falling under paragraph (1). |
| (4) | The chairperson of the steering committee shall convene and preside over its meetings. |
| (5) | The vice chairperson of the steering committee shall assist the chairperson, and when the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson. |
| (6) | A majority of the members of the steering committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present: Provided, That a resolution on the matters specified in paragraph (7) 6 and 7 shall require the concurring vote of at least 2/3 of those present. |
| (7) | The steering committee shall deliberate and resolve on the following matters concerning mutual aid projects and supervise the execution of its business affairs: |
| 1. | Basic principles of the planning, operation, and management of business; |
| 2. | Matters regarding budgets and the settlement of accounts; |
| 3. | Matters regarding loans; |
| 4. | Matters regarding the execution of major budget items; |
| 5. | Matters regarding the appointment and dismissal of executive officers; |
| 6. | Matters regarding amendments to the terms and conditions of, and regulations on, mutual aid, and the enactment, amendment, and repeal of various internal regulations; |
| 7. | Matters regarding mutual aid money, mutual aid membership fees, contributions, and the rate of contributions; |
| 8. | Matters prescribed by the articles of incorporation; |
| 9. | Other matters referred to the meetings by the chairperson as deemed necessary. |
| (8) | The steering committee shall have an executive secretary and a clerk to handle the administrative affairs of the steering committee, and the executive secretary and clerk shall be appointed by the chairperson from among the employees of the relevant mutual aid association (referring to the employees of the relevant association and the relevant federation, where the association and federation conduct mutual aid projects with permission from the Minister of Land, Infrastructure and Transport pursuant to Article 60 (1) of the Act) <Amended on Mar. 23, 2013> |
| (9) | The executive secretary shall prepare minutes of each meeting and report them to the next meeting and keep them in custody. |
| (10) | Except as otherwise prescribed in this Decree, matters necessary for the operation of the steering committee shall be prescribed by the chairperson after the resolution by the steering committee. |
| Article 27-2 (Disqualification of Operating Committee Members) |
"Finance-related statutes or regulations prescribed by Presidential Decree (including foreign finance-related statutes or regulations)" in Article 63-2 (1) 3 and 4 of the Act means the statutes or regulations specified in attached Table 1-2, respectively. [This Article Newly Inserted on Jan. 18, 2022]
| Article 28 (Standards for Financial Soundness) |
| (1) | The terms used in this Article shall be defined as follows. <Amended on Act Mar. 23, 2013> |
| 1. | The term "amount of solvency margin" means the amount obtained by subtracting goodwill and other amounts similar thereto which are determined and publicly notified by the Financial Services Commission, from capital, retained earnings, subordinated borrowings, and other amounts similar thereto which are determined and publicly notified by the Financial Services Commission; |
| 2. | The term "standard amount of solvency margin" means the results produced by converting any risks of loss that might be incurred while running an insurance business into the amount of money by the methods determined and publicly notified by the Financial Services Commission. |
| 3. | The term "solvency ratio" means the ratio obtained by dividing the amount of solvency margin by the standard amount of solvency margin. |
| (2) | The guidelines for financial soundness under Article 68 (1) of the Act that mutual aid associations shall comply with shall be as follows: |
| 1. | The solvency ratio shall be maintained at least 100/100; |
| 2. | It shall regularly classify the soundness of its assets such as claims for indemnity, and accumulate allowances for bad debts; |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to order a mutual aid association to increase its capital or to take measures to restrict the ownership of risky assets, such as stocks, pursuant to Article 68 (2) of the Act, he or she shall consider the following matters. <Amended on Mar. 23, 2013> |
| 1. | Whether the relevant measures are appropriate for the protection of mutual aid contractors; |
| 2. | Whether the relevant measures are necessary to prevent the insolvency of the mutual aid association and to induce sound management. |
| (4) | The Minister of Land, Infrastructure and Transport may prescribe detailed standards necessary for the provisions of paragraphs (1) through (3). <Amended on Mar. 23, 2013> |
| Article 29 (Mediation of Mutual Aid Disputes) |
| (1) | "Disputes over matters prescribed by Presidential Decree" in Article 70 (2) 5 of the Act means disputes between mutual aid business entities related to motor vehicle accidents. |
| (2) | A person who intends to be mediated with respect to a dispute referred to in the subparagraphs of Article 70 (2) of the Act shall file an application (including an application in electronic form) with the Mutual Aid Dispute Mediation Committee under Article 70 (1) of the Act (hereinafter referred to as the "Committee"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, clearly stating the purport of the application and the details of the application in writing. <Amended on Mar. 23, 2013> |
| Article 30 (Operation of Committee) |
| (1) | The chairperson of the Committee shall exercise overall control over the affairs of the Committee and represent the Committee. |
| (2) | Where the chairperson of the Committee on reducing the number of taxis is unable to perform his or her duties for unavoidable reasons, a member appointed by him or her in advance shall perform the duties of the chairperson on his or her behalf. |
| (3) | Meetings of the Committee shall be convened by the Chairperson of the Committee, and resolutions shall be passed with the attendance of a majority of all incumbent members and with the concurrent vote of a majority of those present. |
| Article 30-2 Deleted. <Jan. 6, 2016> |
| Article 30-3 (Dismissal of Members) |
Where a member falls under any of the following, the Minister of Land, Infrastructure and Transport may dismiss the relevant member. <Amended on Mar. 23, 2013; Jan. 6, 2016>
| 1. | If the member is unable to continue to perform his or her duties due to a mental or physical disability; |
| 2. | If the member is found to have committed misconduct in connection with his or her duties; |
| 3. | If the member is found incompetent for the office due to neglect of duty or indecent conduct or on any other ground; |
| 4. | When the member fails to recuse himself or herself even though he or she falls under any subparagraph of Article 71-2 (1); |
| 5. | Where the member states that he or she finds it difficult to perform his or her duties. |
[This Article Newly Inserted on Jul. 4, 2012]
| Article 31 (Request for Appraisal) |
| (1) | Where deemed necessary to examine a case for which an application for dispute mediation is filed, the Committee may request a relevant specialized institution or medical institution to conduct an appraisal, diagnosis, etc. |
| (2) | The Committee may require a person who conducts mutual aid business or a person who intends to have the dispute mediated to bear expenses incurred in conducting an appraisal, diagnosis, etc. under paragraph (1). |
| Article 32 (Hearing of Opinions) |
| (1) | Where the Committee deems it necessary to examine a case for which an application for dispute mediation is filed, it may require the parties concerned or relevant experts to attend a meeting of the Committee to hear their opinions or request them to submit relevant materials. |
| (2) | Where the Committee intends to hear opinions pursuant to paragraph (1), it shall give written notice (including notice by electronic document, if requested by the parties concerned or related experts) by not later than seven days before the date of the meeting: |
| (3) | The Committee may conduct an on-site inspection if deemed necessary to examine a case for which an application for dispute mediation is filed. |
| Article 33 (Agreement Prior to Mediation) |
Where both parties to dispute mediation have reached an agreement before mediation by the Committee, the Committee shall suspend the mediation of the relevant case and prepare a written agreement immediately pursuant to the terms and conditions agreed by the parties to the dispute. In such cases, the chairperson of the Committee and each party shall affix his or her signature or seal thereto.
| Article 34 (Entrustment of Affairs of Committee) |
| 2. | Support for requesting appraisal, diagnosis, etc. under Article 31 and affairs incidental thereto; |
| 3. | Notifying requests for attendance at meetings and submission of materials under Article 32 (1); |
| 4. | Support and assistance in the preparation of written agreements under Article 33; |
| 5. | Other affairs concerning the performance of affairs necessary for the operation of the Committee. |
[This Article Wholly Amended on Sep. 24, 2021]
Members and relevant experts who attend a meeting of the Committee or conduct an on-site inspection may be paid allowances and travel expenses within budgetary limits. Provided, That this shall not apply where a member who is a public official attends a meeting in direct connection with his or her affairs.
| Article 36 (Detailed Rules of Operation) |
Except as otherwise provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Chairperson after the resolution by the Committee.
| Article 37 (Delegation of Authority) |
| (1) | Pursuant to Article 75 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate the following authority to the Metropolitan Intercity Transport Commission under Article 8 of the Special Act on the Management of Intercity Transport in Metropolitan Areas. <Newly Inserted on Mar. 19, 2019; Apr. 14, 2020; Dec. 29, 2020; Apr. 6, 2021; Jan. 28, 2022> |
| 1. | Authority over the following items concerning city bus transportation business and city bus transportation business in which the type of operation is direct express (limited to routes operated across at least two Cities/Dos within metropolitan areas specified in attached Table 1 of the Enforcement Decree of the Special Act on the Management of Intercity Transport in Metropolitan Areas as the starting point of the areas specified in attached Table 1-3, which are determined and publicly notified by the Minister of Land, Infrastructure and Transport), and city bus transportation business in which the type of operation is metropolitan: |
| (a) | License for passenger transport business under the main clause of Article 4 (1) of the Act; |
| (b) | Determination of standards and rates for fares and charges for passenger transport business under Article 8 (1) of the Act; |
| (c) | Acceptance of reports on terms and conditions of transportation of passenger transport business and on modification thereof under Article 9 (1) of the Act, and notification as to whether such reports are accepted under paragraph (2) of that Article; |
| (d) | Authorization for modification of a business plan for passenger transport business under the main clause of Article 10 (1) of the Act (excluding modification of a business plan for passenger transport business under the main clause of paragraph (2) 6; |
| (e) | Acceptance of reports on the entrustment of management of passenger transport business and on modification thereof under Article 13 (1) of the Act, and notification as to whether such reports are accepted under paragraph (2) of that Article; |
| (f) | Acceptance of reports on transfer or acquisition of transfer of passenger transport business under Article 14 (1) of the Act; authorization for transfer or acquisition of transfer of passenger transport business under paragraph (2) of that Article; acceptance of reports on merger of corporations under paragraph (4) of that Article; notification of acceptance of reports under paragraph (5) of that Article; and notification of whether authorization is granted under paragraph (7) of that Article; |
| (g) | Acceptance of reports on the inheritance of passenger transport business and on modification thereof under Article 15 (1) of the Act, and notification as to whether such reports are accepted under paragraph (2) of that Article; |
| (h) | Permission for temporary closures or permanent closure of passenger transport business provided in the main clause of Article 16 (1); |
| (i) | Order to prohibit transportation on route passenger transport business operators pursuant to Article 18 (3) of the Act; |
| (j) | Receipt of reports on the current status under Article 22 (2) through (4) of the Act; |
| (k) | Orders to improve transport business entities under Article 23 (1) of the Act, operation orders under paragraph (2) of that Article, and compensation for losses under paragraph (3) of that Article; |
| (l) | Request for inquiry of driving history and criminal record data pursuant to Article 24 (5) of the Act; |
| (m) | Financial support to passenger transport business entities or local governments under Article 50 of the Act; |
| (n) | Supervision over a person who has received a subsidy or loan under Article 51 (2) of the Act, and issuance of an order for the return of such subsidy or loan and recovery thereof under paragraph (3) of that Article; |
| (o) | Coordination of passenger transport business (including direct express city bus transport business), notification of the results thereof, and direct disposition under Article 78 of the Act; |
| (p) | Issuing orders to passenger business entities to submit reports and documents under Article 79 (1) of the Act, and inspections and inquiries under paragraph (2) of that Article; |
| (q) | Revoking a license, permission, or authorization for passenger transport business and issuing an order to revise a business plan under Article 85 (1) of the Act; |
| (s) | Imposing and collecting administrative fines under Article 94 (1) 2 and (2) 12 through 14 of the Act. |
| (a) | Designation and modification of business areas for passenger transport business under Article 3-4 of the Act; |
| (b) | Coordination of passenger transport business (including direct express city bus transport business), notification of the results thereof, and direct disposition under Article 78 of the Act; |
| (2) | The Minister of Land, Infrastructure and Transport shall delegate the following authority to Mayors/Do Governors pursuant to Article 75 (1) of the Act: <Amended on Nov. 26, 2008; Nov. 27, 2009; Jul. 31, 2012; Mar. 23, 2013; Jan. 28, 2015; Jan. 26, 2016; Mar. 19, 2019; Apr. 14, 2020; Dec. 29, 2020; Apr. 6, 2021> |
| 1. | A license for passenger transport business under Article 4 of the Act (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed in the provisions, with the exception of the provisions, of paragraph (1) 1 (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed); |
| 2. | Verification of transportation facilities and approval of postponement of starting date of transportation or of extension of the starting period pursuant to Article 7 of the Act; |
| 3. | The standards for charges and fares of passenger transport business under Article 8 of the Act (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed as provided in, with the exception of the provisions of, paragraph (1) 1); |
| 4. | Acceptance of reports on fares and charges concerning passenger transport business under Article 8 (1) of the Act; |
| 5. | The terms and conditions of passenger transport business and acceptance of reporting transportation any modification thereof under Article 9 of the Act (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed in the provisions, with the exception of the provisions, of paragraph (1) 1; |
| 6. | Authorization for modification of a business plan for passenger transport business under the main clause of Article 10 (1) of the Act (in cases of city bus transport business in the provisions, with the exception of its items, of main clause of paragraph (1) 1 only applicable to modification of operating routes and modification of incidental facilities for transportation, except the modification of operating hours, change of places of business, change of first or last stops,and in cases of intercity bus transport business with a high-speed type, only applicable to modification of operating hours, places of business, stops, and incidental facilities for transportation) shall be excluded herefrom: |
| (a) | Authorization for modification of a business plan to change the type of operation of the city bus transport business into the city bus transport business prescribed in, with the exception of, its items paragraph (1) 1; |
| (b) | Authorization for modification of a business plan to change into intercity bus transportation business (excluding cases where the type of operation is high-speed) into intercity bus transportation business prescribed in, with the exception of its items of, paragraph (1) 1. |
| 3. | Deleted; <Apr. 14, 2020> |
| 6-2. | Acceptance of reports (excluding reports on modification of business plans under the main clause of Article 38 (1) 1 of the Act) on modification of business plans for passenger transport business under the proviso of Article 10 (1) of the Act (limited to modification of operating hours, places of business, stops, and incidental facilities for transportation, in cases of intercity bus transport business with high-speed types of operation); |
| 7. | Acceptance of reports on the entrustment of management of passenger transport business under Article 13 of the Act (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed in the provisions, with the exception of the provisions, of paragraph (1) 1 (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed); |
| 8. | Acceptance of reports on the transfer or acquisition of passenger transport business (excluding city bus transport business prescribed in the provisions, with the exception, of paragraph (1) 1 and intercity bus transport business in which the type of operation is high-speed) and acceptance of authorization and reports on the merger of corporations under Article 14 of the Act; |
| 9. | Acceptance of reports on the inheritance of passenger transport business under Article 15 of the Act (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed in the provisions, with the exception of the provisions, of paragraph (1) 1 (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed); |
| 10. | Permission for suspension or closure of of passenger transport business under Article 16 (1) of the Act (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed in the provisions, with the exception of the provisions, of paragraph (1) 1 (excluding city bus transport business and intercity bus transport business in which the type of operation is high-speed); |
| 11. | Receipt and handling of reports on serious traffic accidents under Article 19 (2) of the Act; |
| 12. | Issuing an order to improve business to a transport business entity under Article 23 of the Act (referring to the change of the operating lines, frequency of operation, and number of vehicles in operation of the business related to at least two Cities/Dos among the revisions to the business plan under Article 23 (1) 1 of the Act; excluding matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; applicable only to an order to improve business on matters over which the authority is delegated with regards to intercity bus transport business entity intercity the type of which is high-speed); |
| 12-2. | Deleted; <Apr. 6, 2021> |
| 13. | Deleted; <Jul. 28, 2014> |
| 14. | An order to change business plans involving cancellation of licenses, permits or authorization, business suspension, route closure or reduction, etc. of passenger transport service under Article 85 (1) of the Act [excluding passenger platform transport, platform franchise business licensed by the Minister of Land, Infrastructure and Transport pursuant to the proviso to Article 49-10 (1) of the Act, and passenger platform transportation brokerage business, (hereinafter "platform brokerage business") under Article 49-2 (3) of the Act]. Provided, That in the case of city bus transportation business and intercity bus transportation business with high-speed operation type as stipulated in the parts, with the exception of the items, of paragraph (1) 1, only business suspension is applicable. |
| 14-2. | Deleted; <Jul. 28, 2014> |
| 15. | Hearings under Article 86 of the Act (excluding those concerning dispositions taken by the Minister of Land, Infrastructure and Transport regarding city bus transportation business, intercity bus transportation business and platform transportation business with high-speed types, and platform franchise business and platform brokerage business licensed by the Minister of Land, Infrastructure and Transport pursuant to the proviso to Article 49-10 (1) of the Act, which are prescribed in the main clause, with the exception of its items, of paragraph (1) 1); |
| 15-2. | Revocation of qualifications of transport employees and suspension of validity thereof under Article 87 (1) of the Act; |
| 16. | Imposition and collection of penalty surcharges on passenger transport service providers under Article 88 of the Act [excluding platform transport business entities, persons who have obtained a license to engage in platform franchise from the Minister of Land, Infrastructure and Transport pursuant to the proviso to Article 49-10 (1) of the Act, and persons who have registered platform brokerage business pursuant to Article 49-18 (1) of the Act (hereinafter referred to as "platform brokers")] |
| 17. | Imposition and collection of administrative fines under Article 94 of the Act: Provided, That imposition and collection of administrative fines on platform transport business entities, persons who have obtained a license for platform franchise business from the Minister of Land, Infrastructure and Transport under the proviso to Article 49-10 (1) of the Act, platform brokerage business entities, and platform transport employees under subparagraph 7 of Article 49-7 of the Act shall be excluded herefrom. |
| (3) | Where a Mayor/Do Governor has performed any of the following affairs among the those delegated under paragraph (2), he or she shall report the details thereof to the Minister of Land, Infrastructure and Transport without delay: <Amended on Dec. 29, 2020> |
| 1. | A license for passenger transport business under paragraph (2) 1; |
| 2. | Confirmation of transport facilities and approval for the postponement of the commencement date of transportation or the extension of the commencement period under paragraph (2) 2 (only applicable to the city bus transport business provided for in the part, with the exception of the items, of paragraph (1) 1); |
| (b) | Determination of standards and rates for charges and fares for passenger transport business under paragraph (2) 3 of the Act; |
| 4. | Authorization for modification of a business plan for passenger transport business under paragraph (2) 6 (only applicable to city bus transport business and intercity bus transport business in which types of operation are regular and direct prescribed in the parts, with the exception of the items, of paragraph (1) 1; |
| 5. | Acceptance of reports on modification of a business plan for passenger transport business (only applicable to city bus transport business prescribed in the parts, with the exception of its items, of paragraph (1) 1) under paragraph (2) 6-2; |
| 6. | Acceptance of reports and authorization on the transfer or acquisition of passenger transport business (only applicable to intercity bus transport business in which the type of operation is general and directly) and acceptance of reports on the merger of corporations under paragraph (2) 8; |
| 7. | Permission for temporary or permanent closure of passenger transport business (excluding privately owned taxi transport business) under paragraph (2) 10; |
| 8. | Accepting and handling reports on serious traffic accidents referred to in paragraph (2) 11 (only applicable to serious traffic accidents caused by a city bus transport business entity or intercity bus transport business whose type of operation is a high-speed bus specified in the part, with the exception of the items, of paragraph (1) 1); |
| 9. | Issuing an order to improve business to a transport business entity under paragraph (2) 12 (only applicable to business operators of city bus transport business and intercity bus transport business operators prescribed in, with the exception of its items, of paragraph (1) 1); |
| 10. | Hearings under paragraph (2) 15 (only applicable to hearings following the revocation of license or registration of passenger transport business other than privately owned taxi transport business). |
| Article 38 (Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall entrust the following authority to an association pursuant to Article 76 (1) of the Act: Provided, That where the association is unable to perform entrusted affairs due to the dissolution, etc. of the cooperative, the Mayor/Do Governor shall perform such affairs: <Amended on Mar. 23, 2013> |
| 1. | Accepting a report on modification of a business plan under the proviso to Article 10 (1) of the Act: Provided, That a report on modification of a business plan prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be excluded herefrom; |
| 2. | Issuing an order to a passenger transport service provider under article 79 (1) of the Act to report or submit documents on matters concerning the relevant business or the ownership and use of motor vehicles; |
| (2) | Pursuant to Article 76 (1) of the Act, a Mayor/Do Governor shall entrust the following authority to an association: Provided, That this shall not apply where the association is unable to perform the entrusted affairs due to the failure to establish the association or the dissolution of the association, etc. <Amended on Mar. 23, 2013; Apr. 10, 2018> |
| 1. | Accepting reports on modifications to a project plan (excluding reports on modifications to a project plan prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport) under the proviso of Article 10 (2) of the Act (including cases applied mutatis mutandis in Article 35 of the Act); |
| 2. | Receipt of reports on operation information and issuance of certificates of operation records under Article 21 (10) of the Act. |
| (3) | The Minister of Land, Infrastructure and Transport shall entrust the following authority to the Korea Transportation Safety Authority pursuant to Article 76 (1) of the Act: <Amended on Jul. 31, 2012; Mar. 23, 2013; Jul. 28, 2014; Nov. 21, 2014; Jan. 6, 2016; Jan. 6, 2016; Apr. 10, 2018; Jun. 12, 2018; Apr. 14, 2020; Dec. 8, 2020; Jan. 28, 2022; Nov. 8, 2022> |
| 1. | Notification of transportation safety information related to passenger transport service providers under Article 20-2 (1) of the Act; |
| 2. | Receipt, maintenance, and management of reports under Article 22 (2), (3), and (4) of the Act; |
| 3. | Construction and management of the management system of transport employees under Article 22-2 (1) of the Act; |
| 4. | Conducting a close examination of driver aptitude under Article 24 (1) 2 of the Act; |
| 5. | Conducting examinations for qualifications for engaging in driving service and conferring qualifications under Article 24 (1) 3 of the Act; |
| 6. | Providing education on theoretical and practical skills and awarding qualifications under Article 24 (1) 4 of the Act; |
| 7. | Request for inquiry of driving history and criminal record data pursuant to Article 24 (5) of the Act; |
| 8. | Verifying the current status of casualties and injuries of transport employees, violations of traffic regulations and criminal records, and maintaining and managing records thereof under Article 27 (1) of the Act; |
| 9. | Notification of the revocation, suspension of a transport employee's driver's license under Article 27 (2) of the Act; |
| 9-2. | Establishment and operation of a driving qualification verification system under Article 34-3 (1) of the Act and requests for inquiry into information under paragraph (2) of the same Article; |
| 10. | Request for inquiry of driving history and criminal record data pursuant to Article 87 (3) of the Act; |
| (4) | Notwithstanding paragraph (3), where a transport business entity operates an inspection institution that meets the inspection facilities and inspection standards prescribed by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "specialized inspection institution") in order to directly inspect drivers under his or her control, the Minister of Land, Infrastructure and Transport shall entrust his or her authority to conduct detailed driving inspections (limited to where a transport business entity inspects drivers under his or her control) under paragraph (3) 4 to a specialized inspection institution. In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify the details of designation of the specialized inspection institution and the authority entrusted. <Amended on Mar. 23, 2013; Jun. 12, 2018> |
| (5) | Pursuant to Article 76 (1) of the Act, the Minister of Land, Infrastructure and Transport shall entrust each of the following affairs to the Korea Transportation Safety Authority: <Amended on Jul. 31, 2012; Sep. 22, 2020; Jan. 28, 2022> |
| 1. | Conducting examinations for qualifications for engaging in driving service and conferring qualifications under Article 24 (1) 3 of the Act; |
| 2. | Request for inquiry of criminal record data pursuant to Article 24 (5) of the Act; |
| 3. | Request for inquiry of driving history and criminal record data pursuant to Article 87 (3) of the Act; |
| (6) | Where an association has performed affairs entrusted pursuant to paragraphs (1) (excluding subparagraph 2) and (2), it shall report thereon to the Mayor/Do Governor and the Federation without delay: Provided, That matters concerning intercity bus transportation business in which the type of operation is high-speed shall be reported to the Minister of Land, Infrastructure and Transport and the Federation. <Amended on Mar. 23, 2013> |
| (7) | Where the Korea Transportation Safety Authority has performed duties entrusted pursuant to paragraph (5), it shall report thereon to the Mayor/Do Governor without delay. <Amended on Apr. 14, 2020> |
| Article 39 (Permission to Operate Route by Non-commercial Motor Vehicles) |
| (1) | "On the grounds that it is necessary for areas without means of public transportation or on grounds specified in Presidential Decree" in Article 82 (1) 2 of the Act means the following: <Amended on Oct. 10, 2023> |
| 1. | Where a user of a non-commercial motor vehicle transports customers in areas where no means of public transportation is operated or access to such means of public transportation is extremely inconvenient; |
| 2. | Where he or she temporarily transports customers in an area where the operation of means of public transportation is impossible due to construction, etc.; |
| 3. | Where the location of the relevant facility is located in an area where there is no means of public transportation or extremely inconvenient access to such facility. |
| (2) | In cases falling under paragraph (1) 3, the operation section of a non-commercial motor vehicle shall be the section between the relevant facility and the station or railroad station nearest to the relevant facility. |
| Article 40 (Age Limits for Motor Vehicles) |
| (1) | The age limits of a motor vehicle (hereinafter referred to as "age limits for motor vehicles") used for passenger transport service pursuant to Article 84 (1) of the Act (excluding a motor vehicle operated with a limited license for regular taxi transport business on condition that only foreigners shall be transported under Article 4 (3) of the Act) (hereinafter referred to as "age limit of a motor vehicle") and the requirements for extension thereof shall be as specified in attached Table 2. <Amended on Nov. 27, 2009> |
| (2) | Deleted. <Sep. 1, 2020> |
| (4) | The age limits for appropriated motor vehicle under the main clause of Article 84 (2) of the Act (hereinafter referred to as "age limits for appropriated motor vehicle") shall be as specified in attached Table 2-2. <Amended on Mar. 21, 2023> |
The initial date in reckoning the age limits for appropriated motor vehicle shall be classified as follows: <Amended on June. 30, 2016>
| 1. | A motor vehicle which has been registered in the manufacture year: The first date of new registration; |
| 2. | A motor vehicle which has not been registered in the manufacture year: The last day of the manufacture year. |
| (6) | The term "route passenger transport business entity and area passenger transport business entity prescribed by Presidential Decree" means a person who has obtained a license for city bus transport business, a person who has obtained a license for rural bus transport business, and a person who has filed for registration of business townbus transport business; It means a , a person who has obtained a license for intercity bus transportation business, a person who has registered a leased bus transportation business, and a person who has registered a special passenger transport business: <Amended on Jun. 30, 2016; Apr. 10, 2018> |
| Article 41 (Revocation of Licenses) |
| (1) | "Passenger transport business prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 85 (1) of the Act means a townbus transport business, leased bus transport business, special passenger transport business, and on-demand passenger transport business; and "passenger transport business prescribed by Presidential Decree" in subparagraph 37 of Article 85 means privately owned taxi transport business. <Amended on Jan. 28, 2015> |
| (2) | “Where at least the number of casualties prescribed by Presidential Decree occurs” in Article 85 (2) of the Act means where the number of casualties falling under any subparagraph of Article 11 occurs. |
| (3) | "Where traffic accidents which cause casualties falls under the frequency of traffic accidents or traffic accident index prescribed by Presidential Decree" in Article 85 (2) of the Act means any of the following cases: <Amended on Jan. 28, 2015; Apr. 6, 2021> |
| 1. | Where a transport business entity who owns less than five motor vehicles causes at least one traffic accident during the latest one year before the date of the relevant traffic accident; |
| 2. | Where the traffic accident index of a transport business entity or platform transport business entity who owns at least five motor vehicles (referring to the value calculated by multiplying the number of traffic accidents in the relevant year by the number of motor vehicles owned by the transport service provider or platform transport service provider by 10) comes to fall under any of the following criteria: |
| (a) | In cases of city bus transport business, rural bus transport business, and townbus transport business: At least 4; |
| (b) | In cases of intercity bus transport business: At least three (at least two where the type of operation is high-speed) |
| (c) | In cases of regular taxi transport business: At least two; |
| (d) | In cases of leased bus transport business: At least two; |
| (e) | In cases of special passenger transport business: At least one. |
| (f) | In cases of on-demand passenger transport business: at least one; |
| (c) | In cases of passenger platform transport business: At least two; |
| Article 42 (Competent Authority in Charge of Disposition) |
| (1) | Dispositions under Articles 83 and 85 of the Act shall be made by the competent administrative agency (referring to the registration authority of the relevant motor vehicle in cases of private motor vehicles; hereinafter referred to as "competent authority for dispositions"): Provided, That the Minister of Land, Infrastructure and Transport shall dispose of dispositions concerning the revocation, etc. of a license for high-speed intercity bus transportation business, and the Metropolitan City Transport Committee shall dispose of dispositions concerning the revocation, etc. of a license for city bus transportation business prescribed in the part, with the exception of its items, of Article 37 (1) 1. <Amended on Nov. 26, 2008; Mar. 23, 2013; Dec. 29, 2020> |
| (2) | Where the competent authority responsible for disposition has discovered any violation falling under any subparagraph of Article 83 (1) of the Act or any violation falling under any subparagraph of Article 85 (1) of the Act, it shall take a disposition within 30 days from the date of discovery unless there is a compelling reason not to do so. Where the competent authority responsible for disposition issues a disposition to suspend the suspension of operation, complete suspension of business, or partial suspension of business in such cases, it shall clearly state the period of such disposition. |
| (3) | Where a commercial motor vehicle discovered pursuant to paragraph (2) does not fall under the jurisdiction of disposition, the competent disposition authority shall notify the competent disposition authority of such discovery within five days from the date of discovery, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, if such motor vehicle is discovered. <Amended on Mar. 23, 2013> |
| (4) | Upon receipt of a notice of detection under paragraph (3), the competent disposition authority shall take a disposition within 30 days unless there is a compelling reason not to do so, and shall notify the competent authority that has notified the detection without delay. |
| Article 43 (Criteria for Disposition of Revocation of Business License, Registration, or Permission, and Suspension of Business and Application Thereof) |
| (1) | The competent authority for disposition shall take dispositions, such as restrictions on or prohibition of use of non-commercial motor vehicles under Article 83 of the Act and revocation of licenses for passenger transport service providers under Article 85 of the Act, pursuant to the following classifications, in accordance with the standards specified in attached Table 3. <Amended on Nov. 27, 2009; Apr. 6, 2021> |
| 1. | Cancellation of a business license, cancellation of business registration, cancellation of business permission, or cancellation of business authorization, cancellation of business permission, or business authorization; |
| 2. | Order to discontinue routes: Order to discontinue routes for violations of route passenger transport business under subparagraph 1 of Article 3; |
| 3. | Order to reduce the number of motor vehicles: a part of the motor vehicles for which a license, permission, or registration has been obtained (referring to all motor vehicles operating on the abolished routes, if an order to discontinue the route referred to in subparagraph 2 is issued, and if the number of motor vehicles is not specified, in accordance with the standards for disposition under attached table 3, vehicles, referring to the whole of the motor vehicles which have committed an offense); |
| 4. | Suspension of operation: suspension of the use of a motor vehicle for passenger transport business or a non-commercial motor vehicle which has committed a violation; |
| 5. | Suspension of all business: suspension of all business licenses, business registrations, or business permission; |
| 6. | Partial suspension of business: suspension of the use of two times the number of motor vehicles directly related to the offense (if there are no motor vehicles directly related to the offense, five motor vehicles from among the motor vehicles operating the operating lines with the highest revenue in the case of route passenger transport business under subparagraph 1 of Article 3; five from among motor vehicles owned by a business entity in other cases). |
| (2) | Deleted. <Mar. 31, 2009> |
| (2) | Deleted. <Mar. 31, 2009> |
| (4) | Where several motor vehicles are subject to a disposition of business suspension or disposition of operation suspension, the competent authority for disposition may execute such disposition in installments in consideration of the impact on public transportation. |
| (5) | If the competent authority intends to make dispositions, it shall make such dispositions in accordance with the Administrative Procedures Act, based on evidence. |
[Title Amended on Apr. 6, 2021]
| Article 43-2 (Imposition of Penalty Points and Revocation of Business License) |
| (1) | Transportation business entities prescribed by Presidential Decree in, with the exception of its subparagraphs, Article 85 (4) of the Act means regular taxi transportation business entities and privately owned taxi transportation business entities. |
| (2) | The criteria for imposing penalty points under Article 85 (4) of the Act and the criteria for revoking the relevant business license, issuing an order to reduce the number of motor vehicles based on such penalty points shall be as specified in attached Table 4. |
| (3) | The competent authority for disposition shall calculate the penalty points for disposition standards for regular taxi transport business entities and privately owned taxi transport business entities pursuant to subparagraphs 1 and 2 of attached Table 4 as of Dec. 31 each year, and shall take a disposition corresponding thereto where the aggregate of penalty points for the past two years falls under the criteria prescribed in subparagraph 3 of the same Table. In such cases, the penalty points for which a disposition has already been taken shall be excluded. |
| (4) | In calculating penalty points for disposition standards pursuant to paragraph (3), the competent disposition authority shall reduce 50 points per one time where it receives an official commendation under the Regulations for Government Official Commendation when it calculates penalty points pursuant to paragraph (3), and may reduce 50 points per one person where there is an accident-free driver (excluding those who have violated statutes or regulations on at least three occasions over the past two years) for the last five years, where there are accident-free drivers over the past five years, the authority may reduce 50 points per person. <Amended on Jan. 16, 2013> |
[This Article Newly Inserted on Nov. 27, 2009]
| Article 44 (Procedures for Disposition of Revocation of Business License or Registration of Business) |
| (1) | Where a passenger transport service provider and a user of a non-commercial motor vehicle fail to return his or her motor vehicle registration plate without retaining his or her motor vehicle registration certificate by the fixed date without good cause in violation of Article 89 (1) of the Act (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 83 (2) of the Act), the competent disposition authority shall take a disposition by adding a period equivalent to the delayed period to the number of days of the original disposition of suspension of business or suspension of operation. |
| (2) | The competent disposition authority shall post a written disposition in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on the right side of the windshield of a motor vehicle subject to disposition during the period of disposition. <Amended on Mar. 23, 2013> |
| (3) | The period of disposition shall be counted from the time of execution. |
| (4) | If the completion date of execution of the disposition falls on Saturday, the execution may be terminated during working hours on Friday. |
| (5) | The competent disposition authority shall, when taking a disposition, ensure that the date on which the execution of the relevant disposition is terminated does not fall on public holidays or Sundays. |
| Article 45 (Revocation of Qualification of Transport Employees) |
"Matters prescribed by Presidential Decree" in Article 87 (1) 6 of the Act means the number under Article 11:
| Article 45-2 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor (including a Mayor/Do Governor to whom part of his or her authority is delegated pursuant to Article 75 of the Act or the head of a Si/Gun/Gu to whom part of his or her authority is re-delegated pursuant to Article 76 (1) of the Act and a person to whom part of his or her authority is delegated pursuant to Article 76 (1) of the Act), the head of a Si/Gun/Gu, and the Committee may manage information corresponding to criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers, driver’s license numbers, or alien registration numbers under Article 19 of the same Decree, if it is inevitable to perform the following affairs: <Amended on Mar. 23, 2013; Jul. 28, 2014; Aug. 6, 2014; Mar. 27, 2017; Jun. 2, 2017; Sep. 8, 2020; Apr. 6, 2021> |
| 1. | Administrative affairs concerning a license for a motor vehicle under Article 4 of the Act; |
| 1-2. | Grounds for disqualifications under Article 6 of the Act; |
| 2. | Administrative affairs concerning transfer and acquisition of business under Article 14 of the Act; |
| 3. | Administrative affairs concerning inheritance of passenger transport business under Article 15 of the Act; |
| 3-2. | Administrative affairs concerning the notification of status of transport employees under Article 22 of the Act; |
| 3-3. | Administrative affairs concerning management affairs of computerization of transport employee under Article 22-2; |
| 3-4. | Administrative affairs concerning the measures taken against an accident referred to in Article 19 of the Act; |
| 4. | Administrative affairs concerning qualifications for engaging in driving service of passenger transport business; |
| 5. | Maintenance, management, etc. of accident records of transport employees under Article 27 of the Act; |
| 6. | Administrative affairs concerning the registration of a car rental business as prescribed in Article 28 of the Act; |
| 6-2. | Affairs concerning transfer or acquisition of a car rental business or on the merger and inheritance of the business as prescribed in Article 35 of the Act; |
| 7. | Administrative affairs concerning license for bus terminal business prescribed in Article 36; |
| 7-2. | Administrative affairs concerning transfer or acquisition of a car rental business or on the merger and inheritance of corporations as prescribed in Article 48 of the Act; |
| 7-3. | Permission for platform transportation business, license for platform franchise business, etc., transfer and acquisition of platform transportation business and platform franchise business pursuant to Article 49-3, Article 49-9, Article 49-10 and Article 49-16 of the Act, and Affairs related to mergers and inheritance of corporations; |
| 8. | Revocation of a license for a platform franchise business under Article 49-15; |
| 9. | Administrative affairs concerning the payment and suspension of payment of fuel subsidies under Articles 50 (4) and 51-2 of the Act; |
| 9-2. | Administrative affairs concerning the payment and suspension of payment of natural gas fuel subsidies under Articles 50 (5) and 51-3 of the Act; |
| 9-3. | Administrative affairs concerning the organization of the operating committee of the mutual-aid association and verification of grounds for disqualification of the members of the operating committee of the mutual-aid association under Articles 63 and 63-2 of the Act; |
| 10. | Administrative affairs on an order to improve affairs of a mutual aid association under Article 66; |
| 11. | Administrative affairs on disciplinary actions against Executive Officers or Employees of Mutual Aid Association; |
| 11-2. | Administrative affairs concerning dispute mediation under Article 70 (2) of the Act; |
| 12. | Administrative affairs concerning revocation of licenses under Article 85 of the Act; |
| 13. | Revocation of qualifications for transport employees under Article 87 (1) of the Act; |
| 14. | Administrative affairs concerning the disposition of penalty surcharge under Article 88 of the Act; |
| 15. | Administrative affairs concerning the suspension of using motor vehicles under Article 89 of the Act; |
[This Article Newly Inserted on Apr. 20, 2012]
| Article 46 (Types of Violations Subject to Penalty Surcharges and Amount of Penalty Surcharges) |
| (1) | The amounts of penalty surcharges to be imposed under Article 88 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in attached Table 5. |
| (2) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may aggravate or abate the penalty surcharges within the limit of one half of the amount of penalty surcharges under paragraph (1), considering the scale of business of a transport service provider, characteristics of the business territory concerned, and the gravity of the driver‘s fault and the details and frequency of the offense at issue: Provided, That the total amount of penalty surcharges aggravated may not exceed 50 million won. |
| Article 47 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 88 (1) of the Act, he or she shall give written notice (including notice by electronic document, if the person subject to imposition of a penalty surcharge desires) to pay the penalty surcharge, specifying the type of the relevant violation, the amount of the relevant penalty surcharge, etc. in writing. <Amended on Mar. 23, 2013; Sep. 8, 2020> |
| (2) | A person who has been notified pursuant to paragraph (1) shall pay the penalty surcharge to the designated receiving institution within 20 days. <Amended on Dec. 12, 2023> |
| (3) | Upon receiving a penalty surcharge under paragraph (2), the receiving agency shall issue a receipt to the payer. |
| (4) | Upon receipt of a penalty surcharge under paragraph (2), the receiving agency shall notify the Minister of Land, Infrastructure and Transport, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu of such fact without delay. <Amended on Mar. 23, 2013; Sep. 8, 2020> |
| (5) | Deleted. <Sep. 24, 2021> |
| Article 48 (Purpose of Penalty Surcharges) |
| (1) | "Period prescribed by Presidential Decree" in the provisions, with the exception of its items, of Article 88 (4) 1 of the Act means the following routes. <Amended on Jan. 28, 2015> |
| 1. | Routes in which a deficit occurs due to the operation of a bus after receiving an order to extend or change routes pursuant to Article 23 (1) 2 of the Act; |
| 2. | Routes, etc. for which an improvement order is issued pursuant to Article 23 (1) 10 of the Act (hereinafter referred to as "remote routes, etc.") |
| 3. | Unprofitable routes from routes of on-demand passenger transport business: |
| 4. | Other routes determined by a Mayor/Do governor in consideration of the traffic inconvenience and the level of deficits, of local residents from among other unprofitable routes. |
| (2) | Other projects necessary for the development of passenger transport service business in Article 88 (4) 5 of the Act means the following projects. <Amended on Mar. 23, 2013> |
| 1. | Operation of a research institute designated by the Minister of Land, Infrastructure and Transport, among research institutes established mainly for research on the improvement of management of passenger transport service; |
| 2. | Projects performed by a federation or association upon entrustment of authority by the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor pursuant to Article 76 (1) of the Act. |
| (3) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may determine the specific use and use ratio of penalty surcharges. <Amended on Mar. 23, 2013; Sep. 8, 2020> |
| Article 48-2 (Re-Examination of Regulation) |
| (1) | The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Apr. 6, 2021> |
| 1. | Joint Transport Service Agreement under Article 9: Jan. 1, 2017; |
| 2. | Deleted; <Apr. 6, 2021> |
| 3. | Standards for dispositions, such as cancellation of business license or registration, regarding violations of the prohibition of use of a name under subparagraph 13 of the column of violations under subparagraph 2 (a) of individual standards under Article 43 and subparagraph 2 (a) of attached Table 3: Jan. 1, 2017; |
| 4. | Criteria for imposing penalty points and criteria for revocation of business license, etc. under Article 43-2 and attached Table 4: Jan. 1, 2017. |
| (2) | The Minister of Land, Infrastructure and Transport shall examine the appropriateness of contributions under Article 20-9 every two years counting from January 1, 2021 (referring to the period that ends on the day before the base date of every second year) and shall take measures, such as making improvements: <Amended on Apr. 6, 2015> |
[This Article Wholly Amended on Dec. 30, 2016]
| Article 48-3 (Eligibility for Monetary Rewards for Reporting) |
"Passenger transport business prescribed by Presidential Decree" in Article 89-3 of the Act means regular taxi transportation business and privately owned taxi transportation business. [This Article Newly Inserted on Nov. 30, 2015]
| Article 49 (Standards for Imposing Administrative Fines) |
Criteria for the imposition of administrative fines referred to in Article 94 (1) through (4) of the Act shall be as specified in attached Table 6. <Amended on Nov. 23, 2012> [This Article Wholly Amended on Apr. 6, 2011]
ADDENDA <Presidential Decree No. 21077, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Adjustment of Areas for Operation of Rural Bus Transport Business)
With respect to a person who has obtained a license for rural bus transportation business pursuant to the previous provisions in a Si as of August 2, 2000, which is the enforcement date of the amended Enforcement Decree of the Passenger Transport Service Act (Presidential Decree No. 16934), a license for urban bus transportation business pursuant to the amended provisions of Article 3. shall be deemed to have received;. Article 3 (Transitional Measures concerning Composition of Operating Committee)
Notwithstanding the amended provisions of the latter part, with the exception of its subparagraphs, of Article 27 (1), the number of members falling under Article 27 (1) 2 and 3 shall be less than 3/4 of the total number of members until Jun. 30, 2010, with respect to the composition of the operating committee as at the time this Decree enters into force. Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
Where the Enforcement Decree of the Passenger Transport Service Act or the provisions thereof have been cited in other statutes and regulations as at the time this Decree enters into force, the corresponding provisions in this Decree shall, if any, be deemed to have been cited in place of the former provisions.
ADDENDA <Presidential Decree No. 21132, Nov. 26, 2008>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Act No. 21399, Mar. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | The standards for administrative dispositions against violations committed before this Decree enters into force shall be governed by the standards for administrative dispositions against violations under the amended provisions of attached Table 2. |
| (2) | In applying the criteria for administrative dispositions based on the number of violations pursuant to the amended provisions of attached Table 2, the first violation committed after this Decree enters into force shall be deemed the first violation. |
ADDENDA <Presidential Decree No. 21854, Nov. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 28, 2009.
Article 2 (Applicability to Penalty Points and Revocation of License)
The amended provisions of Article 43-2 shall begin to apply from the first case falling under any subparagraph of Article 85 (4) of the Act after this Decree enters into force. Article 3 (Transitional Measures concerning Transfer, Acquisition and Inheritance of Privately Owned Taxi Transport Business and Inheritance Thereof)
Notwithstanding the amended provisions of Articles 10 and 10-2, the previous provisions shall apply to the transfer, acquisition and inheritance where a privately owned taxi transport business license has been obtained pursuant to the previous provisions before this Decree enters into force. Article 4 (Transitional Measures concerning Determination of Standards and Rates for Charges and Fares for City Bus Transport Business for Metropolitan Express)
The standards and rates for fares and charges for metropolitan cty bus transport businesses determined by the Mayor/Do Governor before this Decree enters into force shall be deemed to have been determined by the Minister of Land, Transport and Maritime Affairs pursuant to the amended provisions of Article 37 (1) 3.
ADDENDA <Presidential Decree No. 22892, Apr. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 6, 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) | Dispositions imposing administrative fines issued for violations committed before this Decree enters into force shall not be counted in determining the number of violations pursuant to the amended provisions of attached Table 6. |
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23473, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 8 (Transitional Measures concerning Guidelines for Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 3 and 5, the previous provisions shall govern the application of the criteria for administrative dispositions (including penalty surcharges) on violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 23743, Apr. 20, 2012>
ADDENDUM <Presidential Decree No. 23922, Jun. 29, 2012>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24010, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2011.
Article 2 (Applicability to Penalty Surcharges against Passenger Platform Transport Franchise)
The amended provisions of subparagraph 3 of attached Table 5 shall begin to apply to violations committed by passenger trucking franchisors committed after this Decree enters into force.
Article 3 (Transitional Measures concerning Standards for Administrative Disposition)
Notwithstanding the amended provisions of attached Table 3 and 5, the previous provisions shall govern the application of the criteria for administrative dispositions (including penalty surcharges) on violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 24197, Nov. 23, 2012>
This Decree shall enter into force on November 24, 2012.
ADDENDA <Act No. 24314, Jan. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 Omitted.
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.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Act No. 25525, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014: Provided, That the amended provisions of Article 16-2 shall enter into force on January 29, 2015. Article 2 (Applicability to Formulation of Supply and Demand Plan)
The first supply and demand plan to be formulated pursuant to the amended provisions of Article 6-2 shall be formulated by Dec. 31, 2015. Article 8 (Scale or Frequency of Occurrence of Traffic Accidents Subject to Restrictions on Modification of Business Plans)
Notwithstanding the amended provisions of subparagraphs 1 and 2 of Article 8, the previous provisions shall apply to the period for calculating the number of traffic accidents where an application for modification of a business plan is filed before this Decree enters into force. Article 8 (Transitional Measures concerning Guidelines for Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 3 and 5, the previous provisions shall govern the administrative dispositions (including penalty surcharges) on violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25660, Oct. 15, 2014>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25764, Nov. 21, 2014>
This Decree shall enter into force on November 22, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26064, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 29, 2015,
Article 8 (Applicability to Guidelines for Administrative Dispositions)
The individual criteria prescribed in subparagraph 2 of attached Table 3 and the amended provisions of subparagraph 1 of attached Table 5 shall begin to apply to administrative dispositions (including dispositions to impose penalty surcharges) imposed on violations committed after this Decree enters into force.
ADDENDUM <Presidential Decree No. 26528, Sep. 15, 2015>
This Decree shall enter into force on the date of its promulgation with respect to the Special Metropolitan City's project zones and on Jan. 1, 2016 with respect to other project zones.
ADDENDA <Presidential Decree No. 26634, Nov. 11, 2015>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 26685, Nov. 30, 2015>
This Decree shall enter into force on December 23, 2015,
ADDENDUM <Presidential Decree No. 26870, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12-3, 38 (2), and subparagraph 2 (2) of attached Table 3 shall enter into force on January 1, 2017. Article 2 (Transitional Measures concerning Delegation of Authority)
Notwithstanding the amended provisions of Article 37 (1) 6, where procedures for authorization for modification of a business plan for passenger transport business or for acceptance of reports under Article 10 (1) of the Act are in progress as at the time this Decree enters into force, a person with the authority under the previous provisions shall handle the relevant affairs. Article 3 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26989, Feb. 23, 2016>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27109, Apr. 26, 2016>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27435, Aug. 2, 2016>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 27482, Sep. 2, 2016>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27798, Jan. 20, 2017>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 27922, Feb. 28, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the amended provisions of subparagraph 2 (a) (subparagraph 24) and old tree (a) of attached Table 3 and subparagraph 16 (w) and (p) of subparagraph 1 of attached Table 5 shall enter into force three months after the date of its promulgation.
Article 8 (Applicability to Guidelines for Administrative Dispositions)
The amended provisions of subparagraph 24 (v) and (h) through (i) of subparagraph 24 (v) of subparagraph 2 (a) of attached Table 3 shall begin to apply to administrative dispositions taken against violations committed after this Decree enters into force.
Article 3 (Applicability to Penalty Surcharges)
| (1) | The amended provisions of subparagraph 15-2 of subparagraph 1 of attached Table 5 shall also apply where a penalty surcharge is imposed on a violation committed before this Decree enters into force. |
| (2) | The amended provisions of subparagraph 16 (v) and (h) through (i) of subparagraph 1 of subparagraph 2 (a) of attached Table 5 shall begin to apply to administrative dispositions taken against violations committed after this Decree enters into force. |
Article 4 (Transitional Measures concerning Administrative Monetary Penalties)
Notwithstanding the amended provisions subparagraph 1-12 of attached Table 3, the previous provisions shall apply to the imposition of a penalty surcharge for an offense committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28099, Jun. 20, 2017>
This Decree shall enter into force on June 3, 2017.
ADDENDUM <Presidential Decree No. 28175, Jun. 30, 2017>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 28260, Sep. 1, 2017>
This Decree shall enter into force on September 1, 2017.
ADDENDA <Presidential Decree No. 28793, Apr. 10, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That subparagraph 2 (b) of attached Table 2, subparagraph 25 of subparagraph 2 (a) of attached Table 3, subparagraph 2 (a) of attached Table 3, subparagraph 2 (a) through subparagraph 26 of attached Table 3, with the exception of items (a) through (w), subparagraph 17 of subparagraph 1 of attached Table 5, and attached Table 6; The amended provisions of subparagraph 2 (j), (l) and (p) shall enter into force on April 25, 2018.
Article 2 (Period of Validity of Hours of Rest)
| (1) | The amended provisions of subparagraph 26 (n) (i) of subparagraph 2 (a) of attached Table 3 and subparagraph 18 (permissible) of subparagraph 1 of attached Table 5 shall remain in force until Apr. 24, 2018. |
| (2) | The amended provisions of subparagraph 26 (b) of subparagraph 26 (n) of subparagraph 2 (a) of attached Table 3 and subparagraph 18 (permission) of subparagraph 18 (a) of subparagraph 1 of attached Table 5 shall apply to a route passenger transport business entity and a chartered bus transport business entity who violates matters to be observed with respect to the guarantee of break time for transport employees during the term of validity under paragraph (1) even after the term of validity expires. |
Article 3 (Applicability to Motor Vehicles Provided with Scrapped Motor Vehicles)
Article 8 (Transitional Measures concerning Guidelines for Administrative Dispositions)
| (1) | Where standards for administrative dispositions apply to violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 3, 5, and 6, the former provisions thereof shall apply thereto. |
| (2) | Where a person who has been subjected to a disposition pursuant to subparagraph 20 of subparagraph 2 (a) of attached Table 3 and subparagraph 24 (g) and (n) of the former attached Table 3 commits the same violation again after this Decree enters into force, any violation committed before this Decree enters into force shall not be included in the calculation of the number of violations. |
ADDENDUM <Presidential Decree No. 28969, Jun. 12, 2018>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 29474, Jan. 8, 2019>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29551, Feb. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 15, 2019.
Article 8 (Transitional Measures concerning Guidelines for Administrative Dispositions)
Where standards for administrative dispositions apply to violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 3 and 5, the former provisions thereof shall apply thereto.
ADDENDA <Presidential Decree No. 29634, Mar. 19, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2019.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 30104, Oct. 1, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 17-3 (1) 2 shall enter into force three months after the date of the promulgation.
ADDENDUM <Presidential Decree No. 30620, Apr. 14, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 3, 5, and 6 shall enter into force three months after the date of its promulgation; and the amended provisions of Article 38 (5) through (7) shall enter into force on January 1, 2021. Article 2 (Transitional Measures following Change of Receiving Institutions)
| (1) | Notwithstanding the amended provisions of Article 38 (5) and (7), the previous provisions shall apply to an examination for qualifications for driving engineering and the conferment of qualifications being conducted by the Federation as at the time the enforcement date under the proviso of Article 1 of the Addenda, notwithstanding the amended provisions of Article 38 (5) and (7). The Korea Transportation Safety Authority may conduct an act, such as a public announcement, etc. for an examination for qualifications for driving engineering and the conferment of qualifications for the year 2021 before the enforcement date under the proviso of Article 1 of the Addenda. |
Article 3 (Transitional Measures concerning Standards for Administrative Disposition)
Notwithstanding the amended provisions of attached Table 5, the previous provisions shall govern the application of the criteria for administrative dispositions (including penalty surcharges; hereinafter the same shall apply) on violations committed before this Decree enters into force pursuant to the proviso to Article (1) of the Addenda.
| (2) | Dispositions imposing administrative fines issued for violations committed before this Decree enters into force pursuant to the proviso to Article 1 of the Addenda shall not be counted in determining the number of violations pursuant to the amended provisions of the attached Table 3 and 5. |
ADDENDUM <Presidential Decree No. 30986, Sep. 1, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2020.
Article 2 (Applicability to Sepcial Cases on Age Limits of Vehicles Used for Passenger Transport Business)
| (1) | The amended provisions of remarks (a) of subparagraph 1 of attached Table 2 shall also apply to passenger motor vehicles for passenger transport business and other commercial motor vehicles, the age of which has been extended pursuant to the proviso to Article 84 (1) of the Act as at the time this Decree enters into force. |
| (2) | In applying paragraph (1), where a passenger transport service provider has undergone a temporary inspection under Article 43 (1) 4 of the Motor Vehicle Management Act (including regular inspections under subparagraph 2 of the same paragraph in cases of passenger vehicles for passenger transport service, including regular inspections under subparagraph 2 of the same paragraph) within two months before the expiration of the age limit for motor vehicles under subparagraph 1 of attached Table 2 pursuant to the main sentence of subparagraph 2 (a) of attached Table 2 before this Decree enters into force, he or she shall be deemed to have undergone a temporary inspection under the amended remarks (a) of subparagraph 1 of attached Table 1. |
| (2) | In applying paragraph (1), where a passenger transport service provider has undergone a temporary inspection under Article 43 (1) 4 of the Motor Vehicle Management Act (including regular inspections under subparagraph 2 of the same paragraph in cases of passenger vehicles for passenger transport service, including regular inspections under subparagraph 2 of the same paragraph) within two months before the expiration of the age limit for motor vehicles under subparagraph 1 of attached Table 2 pursuant to the main sentence of subparagraph 2 (a) of attached Table 2 before this Decree enters into force, he or she shall be deemed to have undergone a temporary inspection under the amended remarks (a) of subparagraph 1 of attached Table 1. |
| (4) | Where a passenger motor vehicle for passenger transport business or any other motor vehicle for commercial use falling under the following Table has undergone a temporary or regular inspection under Article 43 (1) of the Motor Vehicle Management Act by not later than two months after this Decree enters into force, it shall be deemed that it has undergone a temporary or regular inspection to be conducted within the period of the age limit for motor vehicles extended pursuant to subparagraph 2 (a) of attached Table 2. In such cases, the relevant motor vehicle shall not be operated beyond the period of the age limit for motor vehicles extended pursuant to the previous provisions until the age limit for motor vehicles is extended after undergoing a temporary or regular inspection. |
ADDENDUM <Presidential Decree No. 30993, Sep. 8, 2020>
This Decree shall enter into force on January 1, 2021.
ADDENDA <Presidential Decree No. 31246, Dec. 8, 2020>
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31329, Jan. 29, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31530, Mar. 9, 2021>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31609, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021: Provided, That the amended provisions of Article 30 shall enter into force on October 8, 2021. Article 2 (Applicability to Age Limits of Commercial Motor Vehicles)
ADDENDUM <Presidential Decree No. 31964, Aug. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Age Limits of Vehicles Used for Passenger Transport Business)
| (1) | The amended provisions of subparagraph 1 of attached Table 2 shall also apply to motor vehicles for chartered bus transport business for which the age limit of motor vehicles has been extended pursuant to the main sentence of Article 84 (1) of the Act and item (a) of remarks referred to in subparagraph 1 (a) of attached Table 2 of this Decree as at the time this Decree enters into force, and motor vehicles for chartered bus transport business for which the age limit of motor vehicles has been extended pursuant to the proviso to Article 84 (1) of the Act and motor vehicles for special passenger transport business for which the age limit of motor vehicles has been extended pursuant to the proviso to Article 84 (1) of the Act. |
| (2) | In applying paragraph (1), the age limit of vehicles for motor vehicles for chartered bus transport business, which have been added in accordance with subparagraph 1 (a) of attached Table 2 before this Decree enters into force, shall be deemed to have been progressed for the relevant period under the amended provisions of subparagraph 1 of the same Table. |
| (3) | For the purposes of paragraphs (1) and (2), the amended provisions of subparagraph 1 of the aforesaid Table shall apply to the period within the scope classified as follows, among the period of age extension extended pursuant to subparagraph 2 of the previous attached Table 2 before this Decree enters into force: The period of age of motor vehicles shall be deemed to have progressed for the relevant period, and the period of age of motor vehicles extended under subparagraph 2 of the same Table shall be deemed to have progressed from the day following the date on which the period of age of motor vehicles under the same amended provisions expires. |
| 1. | For Motor Vehicles for Chartered Bus Transport Business: Two years (one year where the age limit for motor vehicles is added pursuant to subparagraph 1 (a) of remarks of subparagraph 1 of attached Table 2) |
| 2. | In cases of special passenger transport business: Six months. |
| (4) | Where a passenger motor vehicle for leased bus transport business or any other motor vehicle for special passenger transport buisness falling under the following Table has undergone a temporary or regular inspection under Article 43 (1) of the Motor Vehicle Management Act by not later than two months after this Decree enters into force, it shall be deemed that it has undergone a temporary or regular inspection to be conducted within the period of the age limit for motor vehicles extended pursuant to subparagraph 2 (b) of attached Table 2. In such cases, the relevant motor vehicle shall not be operated beyond the period of the age limit for motor vehicles extended pursuant to the previous provisions until the age limit for motor vehicles is extended after undergoing a temporary or regular inspection. |
Article 2 (Special Cases on Applicability to Requirements for Extension of Age Limits of Vehicles Used for Passenger Transport Business)
For the purposes of applying the amended provisions of subparagraph 2 (a) of attached Table 2, regular inspections under Article 43 (1) 2 of the Motor Vehicle Management Act or comprehensive inspections under Article 43-2 of the same Act shall be limited to regular inspections or comprehensive inspections to be conducted during the basic motor vehicle age period after this Decree enters into force.
ADDENDA <Presidential Decree No. 32009, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April. 24, 2021.
Article 21-8 (Persons Eligible for Hydrogen Fuel Subsidies and Applicability to Payment Standards)
The amended provisions of Articles 21-8 and 21-9 shall begin to apply to hydrogen fuel subsidies paid to hydrogen purchased after this Decree enters into force. Article 3 (Transitional Measures concerning Persons Eligible for Payment of Oil Fuel Subsidies and Natural Gas Fuel Subsidies and Standards for Payment Thereof)
| (1) | Notwithstanding the amended provisions of Article 21-4, the previous provisions shall apply to persons eligible for oil price subsidies for oil purchased before this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of Articles 21-5 and 21-7, Article 50 (5) and (6) of the previous Passenger Transport Service Act (referring to the Act before being partially amended by Act No. 17976) shall apply to the standards, methods, and procedures for paying oil price subsidies or natural gas fuel subsidies for oil or natural gas purchased before this Decree enters into force. |
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32378, Jan. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2022.
Article 2 (Applicability to Calculation of Number of Violations in Cases of Administrative Dispositions against Private Taxi Transportation Business Entities)
The disposition of business suspension imposed pursuant to the proviso to subparagraph 1 (d) (iii) and (e) (iii) of the former Table of attached Table 3 for violations falling under subparagraph 16 (a) or (c) of the Table of subparagraph 2 (a) of attached Table 3 before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of subparagraph 16 (e) of the Table of subparagraph 2 (a) of attached Table 3.
Article 3 (Applicability to Disposition of Penalty Surcharges Imposed on Private Taxi Transportation Business Entities in Lieu of Suspension of Business)
The amended provisions of subparagraphs 9-2 and 27 of the Table in subparagraph 1 of attached Table 5 shall also apply to cases falling under any of the following subparagraphs before this Decree enters into force, where no disposition to suspend the relevant violation is taken:
| 1. | Where it falls under subparagraph 16 (a) or (c) of the Table under the previous subparagraph 2 (a) of attached Table 3 and intends to order the suspension of business pursuant to the proviso to subparagraph 1 (d) (ii) and (e) ii) of the aforesaid Table, in accordance with the proviso to subparagraph 1 (d) ii) of the aforesaid Table |
| 2. | Where he or she intends to issue an order to suspend business operations as he or she falls under subparagraph 36 of Table 36 of the former Table under subparagraph 2 (a) of attached Table 3 |
ADDENDUM <Presidential Decree No. 32733, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 32986, Nov. 8, 2022>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33340, Mar. 21, 2023>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Administrative Dispositions, Penalty Surcharges, or Administrative Fines)
The amended provisions of Articles 1 through 61 shall also apply to cases where any administrative disposition or any disposition to impose a penalty surcharge or an administrative fine is made for a violation committed before this Decree enters into force, after this Decree enters into force.
ADDENDUM <Presidential Decree No. 33792, Oct. 10, 2023>
This Decree shall enter into force on October 19, 2023.
ADDENDA <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 34116, Jan. 9, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jan. 15, 2014.
Article 2 (Applicability to Special Cases concerning Applicability to Age Limit for Motor Vehicles for Intercity Bus Transportation Business and Airport Business)
| (1) | The amended provisions of subparagraph 1 (a) of remarks referred to in subparagraph 1 (a) of attached Table 2 shall also apply to motor vehicles for intercity bus transportation business and airport business, the passenger vehicles for which the ages of which are extended pursuant to the proviso to Article 84 (1) of the Act and for which such period is in progress as at the time this Decree enters into force. |
| (2) | In applying paragraph (1), where a passenger transport service provider has undergone a temporary inspection under Article 43 (1) 4 of the Motor Vehicle Management Act within two months before the expiration of the age limit for motor vehicles under subparagraph 1 of attached Table 2 pursuant to the main clause of subparagraph 2 (b) of attached Table 2 before this Decree enters into force, he or she shall be deemed to have undergone a temporary inspection under the amended remarks (a) of subparagraph 1 of attached Table 1. |
| (2) | In applying paragraph (1), where a passenger transport service provider has undergone a temporary inspection under Article 43 (1) 4 of the Motor Vehicle Management Act (including regular inspections under subparagraph 2 of the same paragraph in cases of passenger vehicles for passenger transport service, including regular inspections under subparagraph 2 of the same paragraph) within two months before the expiration of the age limit for motor vehicles under subparagraph 1 of attached Table 2 pursuant to the proviso to Article 84 (1) of the Act before this Decree enters into force, he or she shall be deemed to have undergone a temporary inspection under the amended remarks (a) of subparagraph 1 of attached Table 1. |
| (4) | Where a motor vehicle for intercity bus transportation business or airport business whose age of motor vehicle is initially reckoned from Jan. 15, 2013 to Mar. 15, 2013, has undergone a temporary inspection under Article 43 (1) of the Motor Vehicle Management Act by the date on which two months have elapsed from the date this Decree enters into force, it shall be deemed that it has undergone a temporary inspection to be conducted within the period of age of motor vehicles extended pursuant to subparagraph 2 (b) of attached Table 2. Until the age of motor vehicles is extended after undergoing a temporary inspection, the relevant motor vehicle shall not be operated beyond the period of age of motor vehicles extended pursuant to the previous provisions. |
Article 3 (Special Cases concerning Period of Age of Motor Vehicles for Specific Intercity Bus Transportation Business and Airport Business)
| (1) | Notwithstanding the amended provisions of the ages of motor vehicles in the Table of subparagraph 1 of attached Table 2 and the amended provisions of item (a) of the remarks referred to in subparagraph 1 of the same subparagraph, with respect to motor vehicles for passenger motor vehicles for intercity bus transportation business and airport business, the ages of which are initially reckoned from Jul. 1, 2012 to Jan. 14, 2013, which meet all of the following requirements, the ages of motor vehicles under the main clause of Article 84 (1) of the Act shall be deemed additionally granted until six months have elapsed from the date of undergoing a temporary inspection under subparagraph 1 of this paragraph. In such cases, the relevant motor vehicles shall not be operated beyond the ages of motor vehicles under the previous provisions until the ages of motor vehicles are granted after undergoing an additional temporary inspection. |
| 1. | To meet the standards for inspection by undergoing a temporary inspection under article 43 (1) of the motor vehicle management act within two months after this decree enters into force; |
| 2. | It shall be determined that it does not violate the matters to be observed by a transport service provider concerning the apparatus, equipment, etc. of motor vehicles, among the matters to be observed by the transport service provider under Article 21 (13) of the Act; |
| (2) | The age limit for additional motor vehicles for motor vehicles meeting the inspection standards shall be deemed to be granted until six months after the date of receiving the relevant temporary inspection before the expiration of the period of age limit for additional motor vehicles under paragraph (1). |
| (3) | Notwithstanding paragraphs (1) and (2), the age limit of motor vehicles for passengers and vans for intercity bus business or airport business for which an additional age limit is granted shall not exceed 12 years, including the age limit for additional motor vehicles and the extended period under the proviso to Article 84 (1) of the Act. |