ENFORCEMENT DECREE OF THE MOTOR VEHICLE MANAGEMENT ACT
Wholly Amended by Presidential Decree No. 15166, Nov. 6, 1996
Amended by Presidential Decree No. 15544, Dec. 20, 1997
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16066, Dec. 31, 1998
Presidential Decree No. 16498, Jul. 29, 1999
Presidential Decree No. 17152, Mar. 17, 2001
Presidential Decree No. 17260, jun. 29, 2001
Presidential Decree No. 17286, jun. 30, 2001
Presidential Decree No. 17874, Dec. 31, 2002
Presidential Decree No. 19493, May 30, 2006
Presidential Decree No. 19947, Mar. 22, 2007
Presidential Decree No. 20178, Jul. 19, 2007
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 21035, Sep. 25, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21376, Mar. 27, 2009
Presidential Decree No. 22021, Feb. 5, 2010
Presidential Decree No. 22083, Mar. 23, 2010
Presidential Decree No. 23319, Nov. 25, 2011
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 24620, jun. 17, 2013
Presidential Decree No. 25449, Jul. 7, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 26219, Apr. 29, 2015
Presidential Decree No. 26224, May 1, 2015
Presidential Decree No. 26579, Oct. 6, 2015
Presidential Decree No. 26588, Oct. 13, 2015
Presidential Decree No. 26706, Dec. 10, 2015
Presidential Decree No. 26869, Jan. 6, 2016
Presidential Decree No. 26942, Feb. 3, 2016
Presidential Decree No. 27283, jun. 28, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28033, May 8, 2017
Presidential Decree No. 28831, Apr. 24, 2018
Presidential Decree No. 28985, jun. 19, 2018
Presidential Decree No. 29254, Oct. 23, 2018
Presidential Decree No. 29519, Feb. 8, 2019
Presidential Decree No. 29677, Apr. 2, 2019
Presidential Decree No. 29780, May 21, 2019
Presidential Decree No. 30379, Jan. 29, 2020
Presidential Decree No. 30486, Feb. 25, 2020
Presidential Decree No. 31012, May 26, 2020
Presidential Decree No. 30713, May 26, 2020
Presidential Decree No. 31035, Sep. 22, 2020
Presidential Decree No. 31222, Dec. 8, 2020
Presidential Decree No. 31428, Feb. 2, 2021
Presidential Decree No. 31893, Jul. 13, 2021
Presidential Decree No. 32014, Sep. 24, 2021
Presidential Decree No. 32056, Oct. 14, 2021
Presidential Decree No. 32449, Feb. 17, 2022
Presidential Decree No. 32526, Mar. 8, 2022
Presidential Decree No. 32790, Jul. 11, 2022
Presidential Decree No. 33049, Dec. 9, 2022
Presidential Decree No. 33766, Sep. 26, 2023
Presidential Decree No. 33913, Dec. 12, 2023
The purpose of this Decree is to prescribe matters mandated by the Motor Vehicle Management Act and matters necessary for the enforcement thereof. <Amended on Sep. 25, 2008>
| Article 2 (Motor Vehicles Excluded from Application) |
"Those prescribed by Presidential Decree" in the proviso of subparagraph 1 of Article 2 of the Motor Vehicle Management Act (hereinafter referred to as the "Act") means the following: <Amended on Sep. 25, 2008; Feb. 5, 2010; Nov. 25, 2011> | 4. | Vehicles operated by track or by aerial cable; |
| Article 3 (Initial Date in Reckoning Vehicle Age of Motor Vehicles) |
The initial date in reckoning the vehicle age of a motor vehicle shall be determined by the classification corresponding to the following: <Amended on Mar. 17, 2001>
| 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. |
| Article 4 (Modification to Master Plans for Motor Vehicle Policy) |
| (1) | "Insignificant modifications prescribed by Presidential Decree" in the latter part of Article 4-2 (3) of the Act means any of the following cases: <Amended on Mar. 23, 2013> |
| 1. | Where the business expenses for each sector as determined by the master plan for motor vehicle policy pursuant to Article 4-2 (1) of the Act (hereafter in this Article referred to as "master plan") are modified within the scope of 15/100; |
| 2. | Where the business period for each sector as determined by the master plan is modified within one year; |
| 3. | Where an amendment to the relevant statutes or regulations or relevant plan makes a change to the details of the master plan inevitable; |
| 4. | Where any change is made for obvious grounds, such as calculation mistakes, misspellings, omissions, or any other ground corresponding thereto; |
| 5. | Where any changes are made for the matters determined and publicly announced by the Minister of Land, Infrastructure and Transport, to the extent that they do not influence the purpose and direction of the master plan. |
| (2) | The Minister of Land, Infrastructure and Transport shall notify the relevant master plan to the head of a relevant central administrative agency, 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") within 20 days from the date of formulating or amending the master plan pursuant to Article 4-2 (4) of the Act. <Amended on Mar. 23, 2013; Oct. 23, 2018> |
[This Article Newly Inserted on Nov. 25, 2011]
| Article 5 Deleted. <Feb. 3, 2016> |
| Article 6 (Compulsory Disposal of Motor Vehicles) |
| (1) | "Period prescribed by Presidential Decree" in Article 26 (1) 3 of the Act means two months (or 15 days, where operation is impracticable because a motor vehicle is dismantled or damaged). <Newly Inserted on Feb. 25, 2020> |
| (2) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu means an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/ Gu") intends to make a disposition, etc. or to give an order prescribed in Article 26 (2) of the Act to a motor vehicle, he or she shall identify whether the relevant motor vehicle is a motor vehicle falling under any subparagraph of Article 26 (1) of the Act (hereinafter referred to as "abandoned motor vehicle"). In such cases, he or she shall determine whether it is an abandoned motor vehicle, based on the condition of the motor vehicle unattended, location of its discovery, period of its being left alone, a statement of neighbors or details of a report, and other circumstances. <Amended on Jul. 29, 1999; Mar. 27, 2009; Oct. 23, 2018; Feb. 25, 2020> |
| (3) | Where the head of a Si/Gun/Gu intends to scrap or sell the abandoned motor vehicles prescribed in Article 26 (3) of the Act, he or she shall notify, in writing, to an owner who is recorded in the motor vehicle register, an interested person or a possessor: Provided, That where it is impracticable to identify the owner or a possessor of the motor vehicle, he or she shall notify it publicly for at least seven days. <Amended on Jul. 29, 1999; Feb. 25, 2020> |
| (4) | The time when the head of a Si/Gun/Gu is able to scrap or sell the abandoned motor vehicles prescribed in Article 26 (3) of the Act shall be as follows: <Amended on Jul. 29, 1999; Mar. 17, 2001; Feb. 25, 2020> |
| 1. | Where a notification is given as prescribed in paragraph (3): When 20 days have passed from the date of the notification; |
| 2. | Where it is impracticable to identify an owner or possessor of the abandoned motor vehicle: When the period of public notice prescribed in paragraph (3) expires; |
| 3. | Where owners, possessors or interested persons of the abandoned motor vehicles express opinions that they will give up their right: When they express the opinions. |
| (5) | The head of a Si/Gun/Gu may scrap any of the following motor vehicles among abandoned motor vehicles: <Amended on Jul. 29, 1999; Feb. 25, 2020> |
| 1. | A motor vehicle which is not registered in the motor vehicle register (a motor vehicle which is granted temporary operation permission prescribed in Article 27 of the Act shall be regarded as a registered motor vehicle); |
| 2. | A motor vehicle in the condition where it is impracticable to tow or relocate it into another place; |
| 3. | A motor vehicle which is difficult to maintain or repair because most of its structure and devices are dismantled or damaged; |
| 4. | A motor vehicle which needs scraping due to excessive sale costs, etc. |
| (6) | Where the head of a Si/Gun/Gu scraps a registered motor vehicle prescribed in paragraph (5), he or she shall notify, without delay, such fact to the Mayor/Do Governor who allowed the relevant motor vehicle to be registered. <Amended on Jul. 29, 1999; Mar. 27, 2009; Nov. 25, 2011; Feb. 25, 2020> |
| (7) | Where the Mayor/Do Governor is notified of the fact that a motor vehicle is scrapped pursuant to paragraph (6), he or she shall cancel the registration of the relevant motor vehicle pursuant to Article 13 (3) 4 of the Act without delay. <Amended on Jul. 29, 1999; Jan. 6, 2016; Feb. 25, 2020> |
| Article 7 (Permission for Temporary Operation) |
| (1) | In any of the following cases, the Mayor/Do Governor may grant a temporary operation permission prescribed in Article 27 (1) of the Act: <Amended on Jul. 29, 1999; Jun. 29, 2001; Dec. 31, 2002; May 30, 2006; Sep. 25, 2008; Mar. 27, 2009; Feb. 5, 2010; Mar. 23, 2013; May 1, 2015; Feb. 2, 2021; Oct. 14, 2021> |
| 1. | Where a person intends to operate a motor vehicle in order to file an application for new registration as prescribed in Article 8, and Article 13 (8) and (10) of the Act; |
| 2. | Where a person intends to operate a motor vehicle for which the registration has been canceled for export under Article 13 (1) 6 of the Act in order to inspect and maintain or ship such motor vehicle; |
| 3. | Where a person intends to operate a motor vehicle in order to erase a mark of the chassis number or an engine model of the motor vehicle or to have it marked under Article 23 (3) of the Act; |
| 4. | Where a person intends to operate a motor vehicle in order to take a test or to obtain verification necessary for self-certification of motor vehicle as prescribed in Article 30 (1) and (3) of the Act; |
| 5. | Deleted; <Dec. 31, 2002> |
| 6. | Deleted; <Dec. 31, 2002> |
| 7. | Where a person intends to operate a motor vehicle for the purpose of a new inspection or a provisional inspection prescribed in Article 43 (1) of the Act; |
| 8. | Where a person who manufactures, assembles, imports, or sells a motor vehicle intends to operate a motor vehicle in order to keep or display it at a selling place, a storage place, or a place of display; |
| 9. | Where a person who manufactures, assembles, imports, or sells a motor vehicle intends to operate a motor vehicle sold in order to retrieve it; |
| 10. | Where a person who manufactures, assembles, or imports a motor vehicle intends to operate a motor vehicle to another place of manufacture or assembly in order to install a special equipment; |
| 11. | Where any of the following persons intends to operate a motor vehicle for the purpose of test and research: |
| (a) | A person who has made a registration prescribed in Article 30 (2) of the Act; |
| (b) | A person who is designated to administer a performance test by proxy under Article 32 (3) of the Act (hereinafter referred to as "performance testing agent"); |
| (c) | A person who owns a research institute affiliated to an enterprise for the purpose of research and development of motor vehicles; |
| (d) | A person who performs the development affairs, such as development of motor vehicle parts by entering into an agreement with a foreign motor vehicle company or with a person who manufactures or assembles motor vehicles within the Republic of Korea; |
| (e) | A person deemed necessary for the development and supply of environmentally-friendly, high-tech future motor vehicles, such as electric motor vehicles, etc. by the Minister of Land, Infrastructure and Transport; |
| 12. | Where a person who establishes and operates a driving school or a specialized driving school prescribed in Articles 99 and 104 of the Road Traffic Act intends to operate a motor vehicle for skill training use prescribed in Articles 63 (2) and 67 (3) of the Enforcement Decree of that Act in order to undergo a test; |
| 13. | Where a person who manufactures, assembles, or imports a motor vehicle intends to operate a motor vehicle (limited to a motor vehicle for which he or she intends to give the first notification of a specification or to modify the notified specification pursuant to Article 30 (4) of the Act) for filming advertisements or display. |
| (2) | The period of temporary operation permission prescribed in paragraph (1) shall be determined by the following classification: <Amended on Dec. 31, 1998; Jun. 29, 2001; Dec. 31, 2002; Feb. 5, 2010; May 1, 2015; Oct. 14, 2021> |
| 1. | Cases falling under paragraph (1) 1, 3, 7 through 9, or 12: Within 10 days; |
| 1-2. | Cases falling under paragraph (1) 2: Within 20 days; |
| 2. | Cases falling under paragraph (1) 4, 10, or 13: Within 40 days; |
| 3. | Deleted; <Dec. 31, 2002> |
| 4. | Cases falling under paragraph (1) 11: The period required for the test and research within two years (in cases falling under paragraph (1) 11 (e), five years). |
| (3) | Where the Minister of Land, Transport and Maritime Affairs intends to give temporary operation permission for a political, diplomatic, cultural, art, and athletic, etc. event, he or she may give permission by an application therefor within a period of up to six months. <Amended on Feb. 29, 2008; Feb. 5, 2010; Mar. 23, 2013> |
| (4) | Where a person intends to operate an autonomous vehicle for the purpose of testing or research pursuant to the proviso of Article 27 (1) of the Act, the term of temporary operation permission shall be not more than five years. <Newly Inserted on Jan. 6, 2016> |
| (5) | Where a person who has obtained temporary operation permission fails to return a certificate of temporary operation permission and a temporary operation permit number plate pursuant to Article 27 (4) of the Act, the Mayor/Do Governor shall collect them. <Amended on Feb. 5, 2010; Jan. 6, 2016> |
[Title Amended on Feb. 5, 2010]
| Article 8 (Structure and Devices of Motor Vehicles) |
| (1) | The structure of a motor vehicle related to matters falling under any of the following shall meet the safety standards as prescribed in Article 29 (1) of the Act: |
| 1. | Length, width, and height; |
| 2. | The minimum height from the earth; |
| 4. | Distribution of weight; |
| 5. | The maximum safety slope angle; |
| 6. | The minimum turning circle radius; |
| 7. | Grounding part and grounding pressure. |
| (2) | Any device of a motor vehicle which falls under any of the following shall meet the safety standards as prescribed in Article 29 (1) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 13, 2015> |
| 1. | Engine (power generating device) and power transmission device; |
| 7. | Fuel device and electric or electronic device; |
| 9. | Connection device and towing device; |
| 10. | Boarding device and goods-loading device; |
| 13. | Emission control device; |
| 14. | Head lamps, plate number lamps, tail lamps, brake lamps, side marker lamps, backup lamps, and other lamp devices; |
| 15. | Horn and alarm device; |
| 16. | Direction indicator and other indication devices; |
| 17. | Rear view mirror, windshield wiper, and other devices to secure the field of vision; |
| 17-2. | Rear view imaging devices and reverse-warning sound generators; |
| 18. | Speedometer, odometer, and other meters; |
| 19. | Fire extinguisher and protecting device against fire; |
| 20. | Devices against pressure and its accessories; |
| 21. | Other devices necessary for the safe driving of a motor vehicle, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 8-2 (Motor Vehicle Parts) |
"Parts, devices, or safety equipment, as prescribed by Presidential Decree" in Article 29 (2) of the Act (hereinafter referred to as "motor vehicle parts") means the following: <Amended on Mar. 23, 2013; Oct. 13, 2015> | 3. | Lamp devices as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 8. | Reflex reflecting board; |
| 9. | Reflex reflecting paper; |
| 13. | Rear warning sign for low-speed motor vehicles. |
[This Article Newly Inserted on Nov. 25, 2011]
| Article 8-3 (Requirements for Presumption of Defects in Motor Vehicles and Motor Vehicle Parts) |
| (1) | Where a motor vehicle manufacturer, etc. under Article 30 (2) of the Act (hereinafter referred to as "motor vehicle manufacturer, etc.") or a person who manufactures, assembles, or imports motor vehicle parts (hereinafter referred to as "parts manufacturer, etc.") fails to submit materials pursuant to Article 31 (5) of the Act even though the motor vehicles or parts manufactured, assembled, or imported by them fall under any of the following cases, any defect shall be presumed to exist in a motor vehicle or part pursuant to paragraph (6) of that Article: |
| 1. | Where the following fire accidents occur repeatedly: |
| (a) | Motor vehicles or parts shall have the same type and same structure of motor vehicles or parts affected by a fire; |
| (b) | The fire may have occurred in the same motor vehicle device; |
| 2. | Where the following traffic accidents (limited to a traffic accident causing death, injury, or other casualties; hereafter in this subparagraph the same shall apply) occur repeatedly: |
| (a) | Motor vehicles or parts shall have the same type and same structure of motor vehicles or parts involved in a traffic accident; |
| (b) | There shall be a considerable probability that a traffic accident may have occurred due to the same motor vehicle device. |
| (2) | Where the Minister of Land, Infrastructure and Transport allows a performance testing agent to conduct an investigation under Article 30-3 (2) or 31 (4) or (9) of the Act and if it is deemed necessary to provide materials under the former part of paragraph (13) of that Article for the investigation, he or she may request the Minister of Environment to provide the relevant materials. |
[This Article Newly Inserted on Feb. 2, 2021]
| Article 8-4 (Scope of Materials Requested to Be Provided for Investigation into Motor Vehicle Accidents) |
| (1) | Where a performance testing agent conducts an accident investigation under Article 31-3 (1) of the Act, he or she may request the provision of the following materials pursuant to paragraph (5) of that Article: |
| 1. | Motor vehicle accident images recorded with a video data processing device installed and operated by a local government, which are held by the local government; |
| 2. | Results of the investigation of traffic accidents, which are held by the National Police Agency; |
| 4. | Materials regarding the investigation of motor vehicle accidents and records of insurance processing, which are prepared and held by insurance companies under the Insurance Business Act; |
| 5. | Materials regarding inspections for the confirmation of defects under Article 51 (1) of the Clean Air Conservation Act, plans for the correction of defects under Article 51 (5) of that Act, materials regarding the current status of correction of defects and the current status of defective parts under Article 53 (1) of that Act, which are held by the Ministry of Environment; |
| 6. | Other materials related to traffic accidents, which are necessary for the investigation of motor vehicle accidents. |
| (2) | Where a performance testing agent intends to request the provision of materials pursuant to Article 31-3 (5) of the Act, he or she shall obtain prior consent of the owner or driver of the motor vehicle in which the relevant traffic accident occurred (where he or she is unable to express his or her intention due to death or injury, his or her spouse, lineal ascendants, or lineal descendants). |
[This Article Newly Inserted on Feb. 2, 2021]
| Article 8-5 (Establishment and Operation of Motor Vehicle Defects Information System) |
| (1) | The Minister of Land, Infrastructure and Transport shall take necessary measures, such as the installation of fire walls, to prevent information on motor vehicle defects stored in a motor vehicle defects information system under Article 33-4 of the Act (hereinafter referred to as "motor vehicle defects information system") from being divulged by electronic infringement. |
| (2) | Except as provided in paragraph (1), matters necessary for the establishment and operation of a motor vehicle defects information system shall be determined by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Feb. 2, 2021]
| Article 9 (Omission of Inspection of Pressure-Resistant Containers) |
With regard to the pressure-resistant containers falling under any of the following in accordance with the proviso of Article 35-6 (1) of the Act, the test of pressure-resistant containers under the main clause of Article 35-6 (1) of the Act (hereinafter referred to as "test of pressure-resistant containers") may be fully omitted: Provided, That in cases falling under subparagraph 1 (c), such test shall be partially omitted as determined by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013> | 1. | Pressure-resistant containers manufactured in accordance with the classification corresponding to the following items: |
| (a) | Pressure-resistant containers manufactured for the purpose of export; |
| (b) | Pressure-resistant containers manufactured for the purpose of test or of research and development, by the Government, a local government, a motor vehicle manufacturer, or a pressure-resistant container manufacturer or by the test research institute designated by the Minister of Land, Infrastructure and Transport; |
| 2. | Pressure-resistant containers to be repaired in accordance with the classification corresponding to the following items: |
| (a) | Pressure-resistant containers by which a pressure-resistant container manufacturer replaces a container valve or a container's safety-device part; |
| (b) | Pressure-resistant containers (limited to pressure-resistant containers for liquefied petroleum gas) by which a motor vehicle maintenance business entity (limited to a business entity who is equipped with the device which is able to collect residual gas left in pressure-resistant containers) replaces or repairs a container valve or a container's safety-device part; |
| 3. | Pressure-resistant containers to be imported in accordance with the classification corresponding to the following items: |
| (a) | Pressure-resistant containers to be imported for the purpose of test or of research and development; |
| (b) | Pressure-resistant containers which was submitted to a test corresponding to the test of pressure-resistant containers in a foreign country and which are imported for the purpose of being used by a foreign institution stationed in Korea; |
| (c) | Pressure-resistant containers which are imported as a sample by a person who manufactures or imports pressure-resistant containers; |
| (d) | Pressure-resistant containers which are imported for the purpose of export. |
[This Article Newly Inserted on Nov. 25, 2011]
| Article 9-2 (Support for Expenses for Re-Examination of Pressure-Resistant Containers) |
| (1) | Pursuant to the provisions of Article 35-8 (5) of the Act, the Minister of Land, Infrastructure and Transport may support a person who conducts a motor vehicle inspection as proxy pursuant to Article 44 (1) of the Act (hereinafter referred to as "motor vehicle inspection agent") for the following expenses: <Amended on Mar. 23, 2013> |
| 1. | Expenses incurred in furnishing the facilities necessary for re-examination of pressure-resistant containers pursuant to the main clause of Article 35-8 (1) of the Act (hereinafter referred to as "re-examination of pressure-resistant containers"), equipment, and skilled technicians; |
| 2. | Expenses incurred in furnishing the facilities necessary for inspection, research, and electronic data processing, which are related to the re-examination of pressure-resistant containers; |
| 3. | Expenses for destroying pressure-resistant containers or carving writing on such containers; |
| 4. | Other expenses deemed necessary by the Minister of Land, Transport and Maritime Affairs for the purpose of efficiently conducting and administering re-examination of pressure-resistant containers. |
| (2) | Where the motor vehicle inspection agent intends to obtain a subsidy in accordance with paragraph (1), he or she shall submit to the Minister of Land, Infrastructure and Transport an application for a subsidy for the expenses required for re-examination of pressure-resistant containers, accompanied by the following documents: <Amended on Mar. 23, 2013> |
| 1. | Business promotional plan; |
| 2. | Details on calculating the expenses incurred therefor; |
| 4. | Other documents that the Minister of Land, Infrastructure and Transport deems necessary for subsidizing the expenses to be incurred for re-examination of pressure-resistant containers. |
| (3) | Details necessary for the scope of subsidization, the procedure thereof, etc. in accordance with paragraphs (1) and (2) shall be determined and publicly notified by the Minister Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 25, 2011]
| Article 9-3 (Measures concerning Pressure-Resistant Containers to Prevent Safety Risks) |
| (1) | "Significant defect in the pressure-resistant containers, such as gas-leakage, as determined by Presidential Decree" in the provisions of Article 35-10 (2) of the Act means any of the following defects: |
| 1. | Gas leakage in pressure-resistant containers; |
| 2. | Significant damage to a container valve and a container safety device. |
| (2) | "Significant and obvious defect likely to risk public safety as determined by Presidential Decree, such as an explosion accident" in the provisions of Article 35-10 (3) of the Act means any of the following defects: |
| 1. | Destruction of a pressure-resistant container caused by its explosion; |
| 2. | Explosion of a pressure-resistant container which is caused by a build-up and release of pressure inside the pressure-resistant container. |
| (3) | Details necessary for the type and kind, etc. of the defect under paragraphs (1) and (2) shall be determined and publicly announced by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 25, 2011]
| Article 9-4 (Compensation for Loss) |
| (1) | The compensation for loss under the provisions of the main clause of Article 35-10 (5) of the Act shall be determined in accordance with mutual consultation between the Minister of Land, Infrastructure and Transport and a person who sustains the loss (referring to a person who holds ownership of a motor vehicle and the rights of access to or use thereof). <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport deems it necessary to compensate for loss pursuant to paragraph (1), he or she may request relevant professionals and specialized institutions for submission of advisory opinion, etc. <Amended on Mar. 23, 2013> |
| (3) | Details necessary for the procedure and method, etc. of the consultation, advice and submission of opinion, etc. for the compensation for loss pursuant to the provisions of paragraphs (1) and (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 25, 2011]
| Article 9-5 (Taxes and Public Charges) |
"Taxes and public charges prescribed by Presidential Decree, including acquisition tax" in Article 47-6 (2) of the Act means acquisition tax under the Local Tax Act. [This Article Newly Inserted on Oct. 23, 2018]
| Article 9-6 (Organization and Operation of Committee for Deliberation on Safety and Defects of Motor Vehicles) |
| (1) | Where the Minister of Land, Infrastructure and Transport appoints or commissions members of the Deliberation Committee for Motor Vehicle Safety and Defects under Article 47-7 (1) of the Act (hereinafter referred to as the "Committee"), he or she shall ensure that the number of members who falls under any of subparagraphs 3 through 6 of Article 47-8 (1) makes up at least half of all members. |
| (2) | The chairperson of the Committee (hereafter in this Article referred to as the "chairperson") shall convene its meetings and exercise overall control over its business affairs. <Amended on Dec. 9, 2022> |
| (3) | Where the chairperson is unable to perform his or her duties due to unavoidable circumstances, a member already selected by the chairperson shall act on his or her behalf. |
| (4) | Where the chairperson convenes a meeting, he or she shall inform each member of the Committee of the date, venue, and agenda items five days beforehand: Provided, That this shall not apply in cases of emergency. |
| (5) | Where deemed necessary for deliberation, the Committee may invite relevant experts or interested parties to its meeting and hear opinions from them. |
| (6) | The Committee may pay allowances, travel expenses, and other necessary expenses, within budgetary limits, for its members, relevant experts, and others who have attended its meetings. |
| (7) | Matters necessary for operating the Committee, other than those provided for in paragraphs (1) through (6), shall be prescribed by the Rules of the Committee. |
[This Article Newly Inserted on Oct. 23, 2018]
| Article 9-7 (Matters Subject to Deliberation by Committee) |
"Matters specified by Presidential Decree" in Article 47-7 (2) 2 (g) of the Act means any one of the following cases that the Minister of Land, Infrastructure and Transport refers to the Committee for deliberation: <Amended on Feb. 2, 2021> | 1. | Matters regarding appropriateness of corrective measures and economic compensation taken or made by a motor vehicle manufacturer, part manufacturer, etc. under Article 31 (8) of the Act; |
| 2. | Matters regarding performing the duty of gratuitous repair under Article 32-2 (5) of the Act. |
[This Article Newly Inserted on Oct. 23, 2018]
| Article 9-8 (Composition of Sectoral Committee) |
| (1) | A sectoral committee for manufacturing defects (hereinafter referred to as the "sectoral committee") shall be established in the Committee pursuant to Article 47-7 (3) of the Act, to efficiently deliberate on the matters specified in the items of paragraph (2) 2 of that Article. |
| (2) | The sectoral committee shall be composed of up to 30 members, including one chairperson. |
| (3) | The chairperson of the Committee shall concurrently serve as the chairperson of the sectoral committee. |
| (4) | The members of the sectoral committee shall be appointed by the Minister of Land, Infrastructure and Transport from among the members of the Committee. In such cases, the Minister of Land, Infrastructure and Transport shall ensure that the number of members falling under Article 47-8 (1) 3 through 6 of the Act is at least 2/3 of the total number of the members of the sectoral committee. |
| (5) | A majority of the members of the sectoral committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation, etc. of the sectoral committee shall be prescribed by the Rules of the Committee. |
[This Article Newly Inserted on Dec. 9, 2022]
[Previous Article 9-8 moved to Article 9-10 <Dec. 9, 2022>]
| Article 9-9 (Composition of Subcommittees) |
| (1) | A subcommittee shall be established in the Committee pursuant to Article 47-7 (3) of the Act, to efficiently deliberate on requests subject to re-deliberation under Article 47-11 (1) 1 of the Act. |
| (2) | A subcommittee shall be composed of up to 10 members, including one chairperson. |
| (3) | The chairperson and members of a subcommittee shall be appointed by the chairperson of the Committee from among the members of the Committee. |
| (4) | A majority of the members of a subcommittee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the operation, etc. of a subcommittee shall be prescribed by the Rules of the Committee. |
[This Article Newly Inserted on Dec. 9, 2022]
[Previous Article 9-9 moved to Article 9-11 <Dec. 9, 2022>]
| Article 9-10 (Grounds for Dismissal of Committee Members) |
"Grounds specified by Presidential Decree, such as a breach of any of his or her official duties" in Article 47-8 (3) 3 of the Act means any of the following cases: | 1. | Any violation in the course of performing the duties under the Act; |
| 2. | Where a person is deemed unfit as a member on the grounds of neglecting duty, losing dignity, or others. |
[This Article Newly Inserted on Oct. 23, 2018]
[Moved from Article 9-8; previous Article 9-10 moved to Article 9-12 <Dec. 9, 2022>]
| Article 9-11 (Non-Disclosure of Minutes of Committee) |
Information that need not be made available to the public pursuant to the proviso of Article 47-8 (7) of the Act shall be any of the following information: | 1. | Personal information under subparagraph 1 of Article 2 of the Personal Information Protection Act, such as names and resident registration numbers included in the minutes, the disclosure of which is deemed to be likely to undermine gains on property or invade the privacy or freedom of the relevant person; |
| 2. | Information on the agenda undergoing deliberation by the Committee, the disclosure of which is deemed to be likely to affect fair deliberation; |
| 3. | Information corresponding to the managerial or trade secrets of a motor vehicle manufacturer, etc., such as the history on design modification or assembly process of a specific type of vehicle; |
| 4. | Information related to arbitration for separate replacement or refund; |
| 5. | Other information, the disclosure of which is deemed to be likely to impair the fairness of deliberation by the Committee. |
[This Article Newly Inserted on Feb. 2, 2021]
[Moved from Article 9-9; previous Article 9-11 moved to Article 9-13 <Dec. 9, 2022>]
| Article 9-12 (Procedures for Re-Deliberation on Results of Deliberation by Committee) |
| (1) | A person who intends to request re-deliberation pursuant to Article 47-11 (1) 1 of the Act shall submit a written request for re-deliberation to the Committee, along with materials proving the grounds for re-deliberation, within 15 days from the date the results of deliberation under Article 47-7 (2) 2 of the Act are notified. <Amended on Dec. 9, 2022> |
| (2) | The Committee shall notify a person who has requested re-deliberation and the Minister of Land, Infrastructure and Transport of the results of re-deliberation within 10 days from the date the resolution is made under Article 47-11 (2) of the Act. |
[This Article Newly Inserted on Feb. 2, 2021]
[Moved from Article 9-10 <Dec. 9, 2022>]
| Article 9-13 (Entrustment of Operation of Committee) |
| 1. | Receiving applications for arbitration for replacement or refund and commencement of arbitration proceedings under Article 47-4 of the Act; |
| 3. | Organizing and operating an arbitral tribunal under Article 47-9 of the Act. |
| (2) | A secretariat shall be established under the Korea Transportation Safety Authority (hereinafter referred to as "Secretariat") for handling work entrusted under paragraph (1). |
| (3) | The Secretariat shall have one director and business units and staff necessary for handling work specified in paragraph (1). |
| (4) | The director of the Secretariat shall perform his or her duties at the command of the Chairperson; shall lead and supervise his or her subordinates; and may present his or her opinions at a Committee meeting. |
| (5) | The Secretariat may establish an office in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province in order to ensure smooth performance of its duties. |
| (6) | The President of the Korea Transportation Safety Authority shall determine the organizational structure of the Secretariat and size of its staff upon approval from the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Oct. 23, 2018]
[Moved from Article 9-11 <Dec. 9, 2022>]
| Article 10 (Keeping and Managing of Register of Motorcycles) |
| (1) | The head of a Si/Gun/Gu shall keep and manage the register of motorcycles (including electronic documents; hereinafter the same shall apply) on the respective motorcycles for which a report on use has been filed under Article 48 (1) of the Act. <Amended on Jul. 29, 1999; Apr. 29, 2015> |
| (2) | The period of preservation of the documents concerning the register of motorcycles under paragraph (1) and the reporting under Article 48 of the Act shall coincide with each of the following classifications: <Newly Inserted on Apr. 29, 2015> |
| 1. | The register of motorcycles: 10 years from the date of closing of the relevant register of motorcycles; |
| 2. | Statement of report and its attached documents: Three years from the date when the report is received (where reporting of use, five years). |
[Title Amended on Apr. 29, 2015]
| Article 11 (Modification to Minor Registered Matters) |
"Modification to minor registered matters as prescribed by Presidential Decree" in the proviso of Article 53 (1) of the Act means the following: <Amended on Feb. 5, 2010; Nov. 25, 2011> | 1. | Change of address of officers (including a representative); |
| 2. | Modification or rebuilding and enlargement of no more than 30/100 of land size or building size in a place of business registered as a motor vehicle management business (excluding the case failing to meet the registration standards). |
| Article 12 (Subdivision of Motor Vehicle Maintenance Business) |
| (1) | The class of the motor vehicle maintenance business prescribed in Article 53 (2) of the Act shall be subdivided as follows: <Amended on Jun. 17, 2013; Dec. 10, 2015> |
| 1. | Comprehensive motor vehicle maintenance business; |
| 2. | Small motor vehicle general maintenance business; |
| 3. | Professional motor vehicle maintenance business; |
| 4. | Engine maintenance business. |
| (2) | The range of maintenance works for the respective class of the motor vehicle maintenance business subdivided under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 17, 2013> |
| Article 13 (Orders for Improving Business) |
| (1) | Where the head of a Si/Gun/Gu intends to issue an improvement order under Article 56 (1) and (2) of the Act, he or she shall do so in writing, stating the grounds therefor and the period of performance. <Amended on Jul. 29, 1999; Oct. 23, 2018> |
| (2) | Where a motor vehicle management business entity or online information provider for motor vehicles for sale who has received an improvement order as prescribed in paragraph (1) has a justifiable cause, the head of a Si/Gun/Gu may extend the execution period of such improvement order, by no more than one occasion. In such cases, the motor vehicle management business entity or online information provider for motor vehicles for sale shall submit an evidentiary document in writing (including submission by electronic means) to the head of the Si/Gun/Gu. <Amended on Jul. 29, 1999; Dec. 31, 2007; Oct. 23, 2018> |
| (3) | Deleted. <Jul. 29, 1999> |
| (4) | Deleted. <Jul. 29, 1999> |
| Article 13-2 (Prohibited Acts for Motor Vehicle Dealers) |
"Labeling or advertising, the content of which is prescribed by Presidential Decree" in Article 57 (3) 2 (c) of the Act means the following: | 1. | Labeling or advertising of a real motor vehicle for which a person intends to engage in intermediation for the sale or purchase even if such motor vehicle cannot be subject to any transaction; |
| 2. | Labeling or advertising of a real motor vehicle for which a person intends to engage in intermediation for the sale or purchase even if such motor vehicle is not intended to conduct any transaction; |
| 3. | Labeling or advertising of a motor vehicle for which a person intends to engage in intermediation for the sale or purchase, which omits, conceals, or reduces facts having a significant impact on whether a transaction on such motor vehicle is conducted, such as information on the seller thereof and terms and conditions of transactions. |
[This Article Newly Inserted on Dec. 9, 2022]
[Previous Article 13-2 moved to Article 13-3 <Dec. 9, 2022>]
| Article 13-3 (Liability for Damage by Motor Vehicle Dealers) |
| (1) | A person who has filed for registration of motor vehicle transaction business under Article 53 of the Act (hereinafter referred to as "motor vehicle dealer") shall subscribe a guaranty insurance which guarantees the following amounts or participate in mutual aid under Article 68-17 of the Act (hereafter in this Article referred to as "mutual aid") or shall make a deposit of the relevant amount under the provisions of Article 58-3 (2) of the Act: <Amended on Sep. 26, 2023> |
| 1. | For a juristic person: 20 million won or more; |
| 2. | For not a juristic person: 10 million won or more. |
| (2) | A motor vehicle dealer shall, when he or she has filed for registration of motor vehicle sales business, take measures for the liability for damages as prescribed in paragraph (1) (hereafter in this Article referred to as "guarantee"), and shall prepare the certificate documents and report to the head of a Si/Gun/Gu before beginning the affairs. |
| (3) | A motor vehicle dealer who has established the guarantee under paragraph (1) shall, when he or she intends to change the said guarantee to another guarantee, establish such other guarantee during the period when the established guarantee is still effective, prepare the certificate document and report to the head of a Si/Gun/Gu. |
| (4) | A motor vehicle dealer who has subscribed a guaranty insurance or participated in mutual aid under paragraph (1) shall, when he or she intends to establish the guarantee again after the period of guarantee expires, establish a guarantee again until the last day of the period of the established guarantee, prepare the certificate document and report to the head of a Si/Gun/Gu. <Amended on Sep. 26, 2023> |
| (5) | Where a motor vehicle purchaser intends to receive guaranty insurance money, mutual aid money, or deposit money as damage compensation, he or she shall attach the agreement on the damage compensation between the motor vehicle purchaser and the motor vehicle dealer (limited to an authentic document), conciliation protocol, a copy of the final judgment of court in writing or other equally effective document and shall file a request for the damage compensation with a guaranty insurance company, the mutual aid association under Article 68-14 (1) of the Act, or depository office. <Amended on Sep. 26, 2023> |
| (6) | In the case of paying the damage compensation with guaranty insurance money, mutual aid money, or deposit money, a motor vehicle dealer shall subscribe a guaranty insurance or participate in mutual aid again within five days or cover the shortage of deposit. <Amended on Sep. 26, 2023> |
[This Article Newly Inserted on Mar. 27, 2009]
[Moved from Article 13-2; previous Article 13-3 moved to Article 13-4 <Dec. 9, 2022>]
| Article 13-4 (Insurance for Performance and Condition of Motor Vehicles) |
| (1) | An inspector of the performance and condition of a motor vehicle under Article 58 (8) of the Act shall sign a liability insurance contract under subparagraph 1 (b) of Article 2 of the Insurance Business Act and Article 1-2 (3) 6 of the Enforcement Decree of that Act (hereinafter referred to as "liability insurance for the performance and condition of a motor vehicle") in accordance with Article 58-4 (2) of the Act. <Amended on Jun. 9, 2023> |
| (2) | A liability insurance for the performance and condition of a motor vehicle shall meet the following requirements: |
| 1. | It shall cover the matters regarding general conditions of a motor vehicle; its history, including accidents, replacements, and repairs; and its specific conditions; determined and publicly notified by the Minister of Land, Infrastructure and Transport, among the matters included in inspection of the performance and condition of a motor vehicle under Article 58 (1) 1 of the Act; |
| 2. | It shall clearly state the grounds for disqualification, including intentional accidents and mileage and vintage standards; matters regarding collision deductible; and limit of liability. |
| (3) | An insurance company under the Insurance Business Act (hereafter in this Article referred to as "insurance company") may pre-consult with the Minister of Land, Infrastructure and Transport if it wishes to determine the matters under paragraph 2 (2) for business for a liability insurance for the performance and condition of a motor vehicle. |
| (4) | An insurance company may request the Korea Transportation Safety Authority entrusted with installing and operating an electronic information processing organization under Article 19 (9) and agency for calculating a premium rate under Article 176 of the Insurance Business Act (hereinafter referred to as "premium rate calculation agency") to submit the following data where it is deemed necessary for efficiently conducting business for a liability insurance for the performance and condition of a motor vehicle: |
| 1. | The Korea Transportation Safety Authority: A log of inspections of the performance and condition of a motor vehicle and relevant data; |
| 2. | Premium rate calculation agencies: The history of the accidents that occurred to a subscriber to a liability insurance policy for the performance and condition of a motor vehicle and relevant data. |
[This Article Newly Inserted on Oct. 23, 2018]
[Moved from Article 13-3; previous Article 13-4 moved to Article 13-5 <Dec. 9, 2022>]
| Article 13-5 (Training on Inspection and Calculation of Motor Vehicle Prices) |
| (1) | The training on inspection and calculation of motor vehicle prices pursuant to subparagraph 1 of Article 58-5 of the Act shall include the following: <Amended on Oct. 23, 2018> |
| 1. | Methods of inspection and calculation of motor vehicle prices; |
| 2. | Statutes or regulations relating to inspection and calculation of motor vehicle prices; |
| 3. | Practical affairs of inspection and calculation of motor vehicle prices; |
| (2) | Hours of the training under paragraph (1) shall be at least 16 hours. |
| (3) | The institutions providing training under paragraph (1) shall be as follows: <Amended on Oct. 23, 2018> |
| 2. | The Korea Transportation Safety Authority; |
| (4) | The institutions providing training pursuant to paragraph (3) shall issue a certificate to a person who has completed the training under paragraph (1). |
[This Article Newly Inserted on Dec. 10, 2015]
[Moved from Article 13-4; previous Article 13-5 moved to Article 13-6 <Dec. 9, 2022>]
| Article 13-6 (Standards for Registration of Providing Information on Motor Vehicles for Sale Online) |
| (1) | "Standards for registration prescribed by Presidential Decree" in the former part of Article 65-2 (1) of the Act means the following: |
| 1. | Capacity of a host server: At least 10 gigabytes; |
| 2. | Period of a contract on the use of the host server: At least one year; |
| 3. | Terms and conditions on the use: The contract shall include measures to compensate for damage to users that might arise in the course of providing information on motor vehicles for sale online and to ensure confidence in transactions; |
| 4. | Channel for filing a user complaint: The owner of a motor vehicle and motor vehicle dealer can file with an online information provider for motor vehicles for sale a complaint that they might have in the course of using information on sale of motor vehicles via website (including applications used in mobile phones; hereafter in this Article the same shall apply) and telephones. |
| (2) | "Important matters specified by Presidential Decree" in the latter part of Article 65-2 (1) of the Act means the following: |
| 1. | Names of the representative and executive officers; |
| 2. | Trade name and name of services; |
| 4. | E-mail address and phone number; |
| 5. | Location and capacity of the host server (excluding cases of increasing capacity of the host server). |
[This Article Newly Inserted on Oct. 23, 2018]
[Moved from Article 13-5; previous Article 13-6 moved to Article 13-7 <Dec. 9, 2022>]
| Article 13-7 (Modification to Master Plan for International Compatibility) |
"Modification to insignificant matters prescribed by Presidential Decree" in the latter part of Article 68-3 (3) of the Act means any of the following cases: <Amended on Mar. 23, 2013> | 1. | Where the business expenses for each sector determined by the master plan for international compatibility of motor vehicle safety standards, etc. pursuant to Article 68-3 (1) of the Act (hereafter in this Article referred to as "master plan for international compatibility") are changed within 15/100; |
| 2. | Where the business period for each sector determined by the master plan for international compatibility is changed within one year; |
| 3. | Where it becomes inevitable to modify the master plan for international compatibility due to the amendments to the relevant statutes or regulations or to the relevant plan; |
| 4. | Where any change is made for obvious grounds, such as calculation mistakes, misspellings, omissions, or any other ground corresponding thereto; |
| 5. | Where any change is made to the matters determined and publicly notified by the Minister of Land, Infrastructure and Transport, to the extent that they do not affect the purpose and direction of the master plan for international compatibility. |
[This Article Newly Inserted on Nov. 25, 2011]
[Moved from Article 13-6; previous Article 13-7 moved to Article 13-8 <Dec. 9, 2022>]
| Article 13-8 (Standards for Designating Dedicated Institution) |
| (1) | The standards for designating a dedicated institution under Article 68-4 (1) of the Act (hereinafter referred to as "dedicated institution") shall be as follows: |
| 1. | It shall have a business management system and the financial capability to perform the affairs specified in Article 68-4 (2) 1 through 6 of the Act (hereafter in this Article, referred to as "affairs of a dedicated institution"); |
| 2. | It shall have a permanent organization and specialized personnel capable of performing affairs of a dedicated institution; |
| 3. | It shall have the facilities and equipment required to perform affairs of a dedicated institution; |
| 4. | It shall have internal regulations on the organization, personnel, operation of facilities and equipment, etc. of a dedicated institution. |
| (2) | A person who intends to be designated as a dedicated institution shall file an application for designation of a dedicated institution (including electronic documents) prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the Minister of Land, Infrastructure and Transport accompanied by the following documents (including electronic documents): |
| 1. | Documents regarding the organization, personnel, and status of facilities and equipment of a dedicated institution; |
| 2. | Articles of incorporation or internal operational regulations equivalent thereto; |
| 3. | A business implementation plan; |
| 4. | A funding and disbursement plan. |
| (3) | Where a person that files an application for designation of a dedicated institution under paragraph (2) is a corporation, the Minister of Land, Infrastructure and Transport shall verify the corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. |
| (4) | The criteria for revoking the designation of a dedicated institution and suspending its business under Article 68-4 (4) of the Act shall be as listed in attached Table 1. |
| (5) | Where the Minister of Land, Infrastructure and Transport designates a dedicated institution pursuant to Article 68-4 (1) of the Act or where the Minister issues an order to revoke the designation of a dedicated institution or to suspend its business pursuant to paragraph (4) of that Article, he or she shall make a public announcement of such fact on the Ministry's website. |
[This Article Wholly Amended on Jul. 13, 2021]
[Moved from Article 13-7 <Dec. 9, 2022>]
| Article 13-9 (Pilot Projects) |
| (1) | To implement a pilot project prescribed in Article 68-8 (1) of the Act (hereafter in this Article referred to as "pilot project"), the Minister of Land, Infrastructure and Transport shall formulate a master plan for the pilot project which includes the following: <Amended on Mar. 23, 2013> |
| 1. | Matters regarding the objectives, strategies, and system for implementing the pilot project; |
| 2. | Matters regarding the motor vehicle technology applied to the pilot project; |
| 3. | Matters regarding funding necessary for implementing the pilot project; |
| 4. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary for smoothly implementing the pilot project. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to implement the pilot project pursuant to paragraph (1), the Minister may designate the target or area of the pilot project at his or her discretion or upon request therefor. In such cases, a person who intends to apply for designation of the pilot project shall submit to the Minister of Land, Infrastructure and Transport an application for designation of the pilot project determined by Ordinance of the Ministry of Land, Infrastructure and Transport (including electronic documents), accompanied by the following documents (including electronic documents): <Amended on Mar. 23, 2013> |
| 1. | Documents evidencing that he or she satisfies the criteria for designation prescribed in paragraph (3); |
| 2. | Documents relating to the expenses, skilled technicians, facilities, etc. which are necessary for implementation of the pilot project; |
| 3. | Explanatory materials regarding the target and area of the pilot project; |
| 4. | Other documents that the Minister of Land, Infrastructure and Transport deems necessary for the efficient implementation of the pilot project, which are similar to those falling under subparagraphs 1 through 3. |
| (3) | The criteria for designating the pilot project shall be as follows: |
| 1. | The relevant project shall conform to the master plan for the pilot project; |
| 2. | A funding plan for the pilot project shall be appropriate and feasible; |
| 3. | The relevant project shall contribute to promoting research and development and to using and distributing motor vehicle technology. |
| (4) | Details regarding procedures for formulating the master plan for the pilot project, the procedures and methods for designating the pilot project, the criteria for designating the pilot project, and other matters prescribed in paragraphs (1) through (3) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 25, 2011]
[Moved from Article 13-7; previous Article 13-9 moved to Article 13-11 <Oct. 23, 2018>]
| Article 13-10 (Formulation of, and Modification to, National Master Plan for Development of Motor Vehicle Service Multiple Complexes) |
| (1) | "Matters prescribed by Presidential Decree" in Article 68-9 (2) 5 of the Act means the following: |
| 1. | Matters regarding the scale, ratio, arrangement, etc. of the major facilities of a motor vehicle service industrial multiple complex prescribed in Article 68-9 (1) of the Act (hereinafter referred to as "motor vehicle service multiple complex"); |
| 2. | Matters necessary for establishing and operating a motor vehicle-related infrastructure; |
| 3. | Matters necessary for implementing a pilot project for developing and revitalizing a motor vehicle service multiple complex; |
| 4. | Matters necessary for revitalizing the regional economy and promoting environment-friendly development; |
| 5. | Other matters necessary for developing and administrating a motor vehicle service multiple complex. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to formulate a national master plan for developing a motor vehicle service industrial multiple complex prescribed in Article 68-9 (1) of the Act (hereafter in this Article referred to as "master plan"), he or she shall hear opinions from the heads of the relevant central administrative agencies and the Mayor/Do Governor. The same shall apply to any modification to the existing master plan. |
| (3) | The Minister of Land, Infrastructure and Transport may request the heads of the relevant central administrative agencies and the Mayor/Do Governor to submit any data necessary for formulating or modifying the master plan. In such cases, the institution so requested shall comply with such request, unless there is a compelling reason not to do so. |
| (4) | Where the Minister of Land, Infrastructure and Transport has formulated the master plan, he or she shall notify it to the heads of the relevant central administrative agencies and the Mayor/Do Governor. |
| (5) | The Minister of Land, Infrastructure and Transport shall review appropriateness of the existing master plan every five years. |
[This Article Newly Inserted on Jan. 6, 2016]
[Moved from Article 13-8 <Oct. 23, 2018>]
| Article 13-11 (Developers in Developmental Projects for Motor Vehicle Service Multiple Complexes) |
| (1) | "Institution prescribed by Presidential Decree" in subparagraph 2 of Article 68-11 of the Act means the following: <Amended on Oct. 23, 2018; Apr. 2, 2019; Sep. 10, 2020> |
| 5. | The Korea National Railway incorporated under the Korea National Railway Act; |
| 7. | The Incheon International Airport Corporation incorporated under the Incheon International Airport Corporation Act; |
| 9. | The Korea Transportation Safety Authority; |
| 10. | Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| (2) | "Corporation satisfying the requirements prescribed by Presidential Decree" in subparagraph 6 of Article 68-11 of the Act means a corporation financially contributed by a person falling under any of subparagraphs 1 through 5 of Article 68-11 of the Act, whose ratio of contribution is more than 50/100. |
[This Article Newly Inserted on Jan. 6, 2016]
[Moved from Article 13-9 <Oct. 23, 2018>]
| Article 13-12 (Incorporation of Mutual Aid Association) |
| (1) | Where it is intended to incorporate a mutual aid association pursuant to Article 68-14 (1) of the Act (hereinafter referred to as the "mutual aid association"), at least 1/10 of those qualified as its members shall promote the incorporation, and an application for authorization of the incorporation shall be filed with the Minister of Land, Infrastructure and Transport following a resolution passed at the inaugural general meeting with the consent of at least 200 qualified members. . |
| (2) | A person who intends to file an application for authorization of the incorporation of the mutual aid association under paragraph (1) shall submit to the Minister of Land, Infrastructure and Transport an application for authorization accompanied by the following documents: |
| 1. | Articles of incorporation; |
| 3. | A statement of income and expenditure; |
| 4. | The minutes of the inaugural general meeting. |
| (3) | Matters to be included in the articles of incorporation specified in Article 68-14 (4) of the Act shall be as follows: |
| 3. | Location of the main office; |
| 4. | Matters regarding business; |
| 5. | Matters regarding qualifications as, joining of, and withdrawal from, members; |
| 6. | Matters regarding assets and accounting; |
| 7. | Matters regarding general meetings; |
| 8. | Matters regarding the steering committee under Article 68-15 (1); |
| 9. | Matters regarding executive officers and employees; |
| 10. | Matters regarding amendments to the articles of incorporation; |
| 11. | Matters regarding dissolution and disposal of the remaining property. |
| (4) | Upon granting authorization under Article 68-14 (1) of the Act, the Minister of Land, Infrastructure and Transport shall make a public announcement of such fact on the website of the Ministry of Land, Infrastructure and Transport. |
| (5) | Upon obtaining authorization of the incorporation of the mutual aid association, it shall complete the registration of the following matters at the location of its main office: |
| 4. | Location of the main office; |
| 5. | Date of authorization of the incorporation; |
| 6. | Total amount of investments; |
| 7. | Methods of investments and amounts per investment unit; |
| 8. | Matters regarding restrictions on the transfer of investment securities; |
| 9. | Names and resident registration numbers of executive officers (including the address for the president); |
| 10. | Matters regarding restrictions on representative authority; |
| 11. | Matters regarding agents; |
| 12. | Methods of public announcement. |
| (6) | Where any modification is made to the registered matters specified in the subparagraphs of paragraph (5), the mutual aid association shall complete the registration of such modification to the relevant matters within three weeks from the date when the modification occurs: Provided, That any modification to the amount of investments prescribed in paragraph (5) 6 shall be registered after the relevant business year ends as of the end of each business year. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 13-13 (Submission of Budget and Report on 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. |
| (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. |
| (3) | The mutual aid association shall keep the statement of financial position and the income statement submitted to the Minister of Land, Infrastructure and Transport under paragraph (2) at its main office and branch offices. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 13-14 (Composition and Operation of Steering Committee) |
| (1) | The steering committee under Article 68-15 (1) of the Act (hereinafter referred to as the "steering committee") shall deliberate and resolve on the following matters regarding mutual aid business and shall supervise the execution of its business affairs: |
| 1. | Matters regarding 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 of the steering committee by its chairperson as deemed necessary. |
| (2) | The steering committee shall be composed of up to 25 members, including one chairperson and one vice chairperson. |
| (3) | The chairperson and the vice chairperson of the steering committee shall be elected among and by its members, and a person falling under paragraph (4) 2 shall serve as the chairperson or the vice chairperson. |
| (4) | Any of the following persons shall serve as a member of the steering committee; in such cases, the number of members falling under subparagraphs 3 and 4 shall be less than 1/2 of the total number of members: |
| 1. | A person designated by the Minister of Land, Infrastructure and Transport from among public officials under his or her control; |
| 2. | At least six but up to 12 persons falling under any of the following who are commissioned by the president of the mutual aid association with 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; |
| (d) | A person who has at least 10 years’ work experience in the field of transport policies or research; |
| (e) | A person who has been working or worked in a trade association related to motor vehicle transaction business for at least 10 years; |
| 3. | At least five but up to 11 persons elected at a general meeting from among members (in cases of a corporation, referring to its representative); |
| 4. | The president of the mutual aid association. |
| (5) | The term of office of a member falling under paragraph (4) 2 and 3 shall be two years: Provided, That a member appointed to fill a vacancy shall serve for the remainder of the term of his or her predecessor. |
| (6) | The chairperson of the steering committee shall convene and preside over its meetings. |
| (7) | 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. |
| (8) | 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 (1) 6 and 7 shall require the concurring vote of at least 2/3 of those present. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the operation of the steering committee shall be determined by the chairperson following its resolution. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 13-15 (Grounds for Disqualification of Steering Committee Members) |
"Finance-related statutes or regulations prescribed by Presidential Decree (including foreign finance-related statutes or regulations)" in Article 68-16 (1) 3 and 4 of the Act means the statutes or regulations specified in attached Table 1-4, respectively. [This Article Newly Inserted on Sep. 26, 2023]
| Article 13-16 (Types of Guarantees) |
"Guarantees prescribed by Presidential Decree" in Article 68-17 (1) 1 of the Act means following: | 1. | Performance guarantee; |
| 3. | Other guarantees prescribed by the articles of incorporation. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 13-17 (Regulations on Guarantees and Mutual Aid) |
| (1) | Matters to be included in the regulations on guarantees prescribed in Article 68-18 (1) of the Act shall be as follows: |
| 1. | Scope of guarantee business; |
| 2. | Terms and conditions of a guarantee contract; |
| 4. | Liability reserves to be appropriated for guarantees. |
| (2) | Matters to be included in the regulations on mutual aid prescribed in Article 68-18 (1) of the Act shall be as follows: |
| 1. | Scope of mutual aid business; |
| 2. | Terms and conditions of a mutual aid contract; |
| 3. | Mutual aid fees and mutual aid money; |
| 4. | Liability reserves to be appropriated for mutual aid money. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 13-18 (Change of Title of Investment Certificates) |
| (1) | Where a current or former member intends to transfer his or her equity pursuant to Article 68-19 (1) of the Act, he or she shall obtain confirmation of the change of the title of investment securities from the mutual aid association, as prescribed by the articles of incorporation. |
| (2) | Where the mutual aid association intends to dispose of the equity that it has acquired on any ground specified in Article 68-20 (1) 2 through 5 of the Act, it shall change the title of the relevant investment securities to the title of mutual aid association beforehand. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 13-19 (Financial Soundness Standards) |
| (1) | The financial soundness standards that the mutual aid association shall satisfy under Article 68-21 (1) of the Act shall be as follows: |
| 1. | It shall maintain its solvency margin ratio calculated in accordance with the following formula at not less than 100/100; |
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| 2. | It shall regularly classify the soundness of its assets such as claims for indemnity, and accumulate allowances for bad debts; |
| 3. | It shall appropriate policy reserves and loss reserves for each type of business and accumulate such reserves for each term for the settlement of accounts; |
| 4. | It shall meet the standards prescribed and publicly notified by the Minister of Land, Infrastructure and Transport with respect to liquidity management; |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to order the mutual aid association to increase its capital or to restrict the association from holding stocks or other risky assets pursuant to Article 68-21 (2) of the Act, he or she shall consider the following: |
| 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. |
| (3) | The Minister of Land, Infrastructure and Transport determine the specific details of the financial soundness standards specified in paragraph (1). |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 14 (Use of Electronic Data) |
| (1) | A person (excluding the head of a relevant central administrative agency) who intends to use data containing personal information such as the personal details of the owner of a motor vehicle among electronic data under Article 69 (2) of the Act shall submit an application where the following subparagraphs are recorded to the head of the relevant central administrative agency. In such cases, electronic data which can be requested shall be limited to the minimal necessary range, and the motor vehicle register shall not be duplicated in the form of public book nor shall an application for the provision of the electronic data themselves be made: |
| 1. | The purpose and ground for the use of data; |
| 3. | The form of providing data, safekeeping institution, and safety management measure of data. |
| (2) | The head of a relevant central administrative agency who has received an application as prescribed in paragraph (1) shall examine the following and notify the results of examination to an applicant not later than 30 days from the date on which the application has been made: |
| 1. | The validity, adequacy, and public interest of the details of application; |
| 2. | Whether it infringes on a person's privacy; |
| 3. | The prevention of the use of data other than the specified purpose and the safety management measure. |
| (3) | A person who intends to use electronic data shall file an application for approval to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, along with the results of examination as prescribed in paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Where the head of a relevant central administrative agency intends to use electronic data under Article 69 (2) of the Act, he or she shall prepare the results of examination concerning the matters falling under the subparagraphs of paragraphs (1) and (2) and shall make an application for approval to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport who has received an application for approval as prescribed in paragraphs (3) and (4) shall examine the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | The matters falling under the subparagraphs of paragraph (2); |
| 2. | Whether the requested matters can be processed by an electronic information processing organization; |
| 3. | Whether processing the requested matters causes trouble in the efficient performance of the motor vehicle management affairs. |
| (6) | Where the Minister of Land, Infrastructure and Transport gives approval upon the results of examination as prescribed in paragraph (5), he or she shall record and manage the details of approval as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (7) | The statistical data already publicized among electronic data at the time of an application for approval may be directly used at an organization which retains the appropriate statistical data, notwithstanding the provisions of paragraphs (1) through (6). <Amended on Feb. 25, 2020> |
| Article 14-2 (Recipients and Methods of Provision of Information) |
| (1) | Where the Minister of Land, Infrastructure and Transport provides a motor vehicle owner with the comprehensive records of his or her motor vehicle (hereinafter referred to as "information on management of motor vehicle records") such as the manufacturing, registering, inspecting, maintaining, and scraping of the motor vehicle pursuant to Article 69-2 (1) of the Act, the Minister shall provide the motor vehicle owner with the information under subparagraphs 1, 2 (a) and (c) of Article 14-3. |
| (2) | Where the Minister of Land, Infrastructure and Transport provides a person other than the motor vehicle owner with the information on management of motor vehicle records pursuant to Article 69-2 (1) of the Act, the Minister shall provide such person with the information under subparagraphs 2 of Article 14-3: Provided, That where consent of the motor vehicle owner is not required under the proviso of Article 14-4 (1) or where the motor vehicle owner consents under Article 14-4 (2), the Minister shall provide such person with the information under subparagraphs 1, 2 (a) and 2 (c) of Article 14-3. <Amended on May 8, 2017> |
| (3) | The period of providing the information on management of motor vehicle records shall be from the date the relevant motor vehicle is newly registered until the date of second anniversary of de-registration of the motor vehicle. |
| (4) | When the Minister of Land, Infrastructure and Transport provides information pursuant to paragraphs (1) and (2), he or she shall use the electronic civil petition window prescribed in Article 12-2 (2) of the Civil Petitions Treatment Act. <Amended on Jul. 11, 2022> |
[This Article Newly Inserted on Oct. 6, 2015]
[Previous Article 14-2 moved to Article 14-5 <Oct. 6, 2015>]
| Article 14-3 (Information Available for Provision) |
The details of the information on management of motor vehicle records that is available for the motor vehicle owner, etc. pursuant to Article 69-2 (1) of the Act shall be as follows: <Amended on May 8, 2017; Jun. 9, 2023> | 1. | Information requiring the consent from a motor vehicle owner: |
| (b) | Information on the default in motor vehicle tax payment pursuant to the Local Tax Act; |
| (d) | Information on the maintenance records (referring to the matters electronically transmitted, pursuant to Article 58 (10) of the Act, by a motor vehicle maintenance business entity to the electronic information processing organization under Article 69 of the Act); |
| (e) | Information on checking the performance and condition of a used motor vehicle (referring to the matters electronically transmitted, pursuant to Article 58 (10) of the Act, by a motor vehicle dealer to the electronic information processing organization under Article 69 of the Act); |
| (f) | Information on scrapping a motor vehicle (referring to the matters electronically transmitted, pursuant to Article 58 (10) of the Act, by a motor vehicle scrapping and recycling business entity to the electronic information processing organization under Article 69 of the Act); |
| (g) | Other information, among the matters to be entered in the motor vehicle register under Article 7 of the Act, that the Minister of Land, Infrastructure and Transport deems necessary; |
| 2. | Information not requiring the consent from the motor vehicle owner: |
| (a) | Registration number, name, type, usage, transfer date of a motor vehicle and the date of first registration of the motor vehicle; |
| (c) | Records of the motor vehicle inspection under Article 43 of the Act and the comprehensive motor vehicle inspection under Article 43-2 of the Act; |
| (d) | The number of default in payment of the motor vehicle taxes under the Local Tax Act; |
| (f) | Number of times his or her motor vehicle receives maintenance; |
| (g) | Number of checking performance and condition of a used motor vehicle; |
| (h) | Whether the relevant motor vehicle is scrapped. |
[This Article Newly Inserted on Oct. 6, 2015]
[Previous Article 14-3 moved to Article 14-6 <Oct. 6, 2015>]
| Article 14-4 (Measures to Protect Personal Information) |
| (1) | When the Minister of Land, Infrastructure and Transport provides the information under subparagraph 1 of Article 14-3 to a person other than the motor vehicle owner pursuant to Article 69-2 (3) of the Act, the Minister shall obtain prior consent from the motor vehicle owner: Provided, That in cases of a motor vehicle for sale owned by a dealer and reported thereon under Article 59 (1) 1 of the Act, the information referred to in subparagraph 1 of Article 14-3 may be provided without the consent of the motor vehicle owner. <Amended on May 8, 2017> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to obtain the consent from a motor vehicle owner pursuant to paragraph (1), the Minister shall post the details to be consented to on the relevant website, etc.; and shall prompt the motor vehicle owner to indicate his or her consent or refusal. |
| (3) | Where a motor vehicle owner consents pursuant to paragraph (2), he or she shall verify his or her identity in any of the following methods: <Amended on Dec. 8, 2020> |
| 2. | Methods of verifying his or her identity through the digital signature as prescribed in subparagraph 2 of Article 2 of the Digital Signature Act or through the certification under subparagraph 6 of that Article. |
[This Article Newly Inserted on Oct. 6, 2015]
| Article 14-5 (Development and Management of Professional Auto Mechanics) |
| (1) | "Matters prescribed by Presidential Decree" in Article 69-3 (2) 4 of the Act means matters regarding training institutions for professional auto mechanics. |
| (2) | Organizations related to professional auto mechanics, associations, etc. under Article 67 (1) of the Act (hereinafter referred to as "association, etc."), universities and colleges, etc. that intend to receive support under Article 69-3 (3) of the Act shall submit documents including the following matters to the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor: |
| 1. | Matters regarding education and training programs for nurturing professional auto mechanics; |
| 2. | Matters regarding the details and methods of support. |
| (3) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request organizations, associations, etc., universities, colleges, etc. related to professional auto mechanics to submit materials necessary for the development, management, etc. of professional auto mechanics, pursuant to Article 69-3 (4) of the Act. |
[This Article Newly Inserted on May 26, 2020]
[Previous Article 14-5 moved to Article 14-6 <May 26, 2020>]
| Article 14-6 (Entrustment of Affairs Related to Monitoring of Online Labeling and Advertising for Motor Vehicles) |
| (1) | The Minister of Land, Infrastructure and Transport may entrust affairs related to monitoring referred to in Article 69-4 (1) of the Act to any of the following institutions, corporations, or organizations pursuant to Article 69-4 (4) of the Act: |
| 3. | A non-profit corporation established under Article 32 of the Civil Act that performs affairs related to the monitoring of online labeling and advertising or the oversight of the online advertising market; |
| 4. | Other institutions, corporations, or organizations recognized by the Minister of Land, Infrastructure and Transport as having specialized personnel and dedicated organizations necessary to perform the monitoring of online labeling and advertising. |
| (2) | Where the Minister of Land, Infrastructure and Transport entrusts affairs pursuant to paragraph (1), he or she shall publicly notify entrusted institutions, corporations, or organizations and the details of the entrusted affairs. |
[This Article Newly Inserted on Jun. 9, 2023]
[Previous Article 14-6 moved to Article 14-7 <Jun. 9, 2023>]
| Article 14-7 (Acceptable Grounds for Change of Mileages) |
"Malfunction, destruction, or any other unavoidable cause prescribed by Presidential Decree" in the proviso of Article 71 (2) of the Act means any of the following grounds: <Amended on Feb. 5, 2010; Nov. 25, 2011> | 1. | Malfunction or destruction of the odometer by vehicle crash (applicable only where there is a certificate issued by a police station or an insurance company on the facts of the vehicle accident); |
| 3. | Any case falling cases and verified by a motor vehicle inspection agent: |
| (a) | Where it is necessary to replace the odometer because of malfunction or destruction of a fuel gauge or speedometer integrated into the odometer as an inseparable and integral part; |
| (b) | Where the odometer is out of order or is destroyed by any cause other than those set forth in subparagraph 1 or 2. |
[This Article Newly Inserted on Jul. 19, 2007]
[Moved from Article 14-6; previous Article 14-7 moved to Article 14-8 <Jun. 9, 2023>]
| Article 14-8 (Processing of Personally Identifiable Information) |
| (1) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu (if the relevant authority is delegated or entrusted, including a person delegated or entrusted with such authority), a registration license plate issuance agent, the Korea Asset Management Corporation established pursuant to the Act on the Establishment of Korea Asset Management Corporation, a motor vehicle inspection agent, a comprehensive inspection agent, a performance testing agent, the Committee, and a motor vehicle scrapping and recycling business entity may process data including resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers prescribed in Article 19 of Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following affairs: <Amended on Oct. 23, 2018, Feb. 2, 2021; Feb. 17, 2022; Jun. 9, 2023; Sep. 26, 2023> |
| 1. | Affairs concerning the restoration and inspection of a motor vehicle register, issuance of a certified or abridged copy of motor vehicle register as prescribed in Article 7 of the Act; |
| 2. | Affairs concerning the new registration of a motor vehicle as prescribed in Article 8 of the Act; |
| 3. | Affairs concerning the attachment and seal of a motor vehicle registration license plate (including the registration number plate for external devices prescribed in Article 10 (7) of the Act) as prescribed in Article 10 of the Act; |
| 4. | Affairs concerning the registration for modification as prescribed in Article 11 of the Act; |
| 5. | Affairs concerning the registration of transfer as prescribed in Article 12 of the Act; |
| 6. | Affairs concerning the inspection or issuance of a certified or abridged copy of a motor vehicle register as prescribed in Article 12-2 of the Act; |
| 7. | Affairs concerning the registration for cancellation as prescribed in Article 13 of the Act; |
| 8. | Affairs concerning the re-issuance of a motor vehicle registration certificate as prescribed in Article 18 of the Act; |
| 9. | Affairs concerning designation of the registration license plate issuance agent as prescribed in Article 20 of the Act; |
| 10. | Affairs concerning cancellation of designation of the registration license plate issuance agent as prescribed in Article 21 of the Act; |
| 11. | Affairs concerning the mark of the motor vehicle identification number, etc. as prescribed in Article 22 of the Act; |
| 12. | Affairs concerning the order for suspension of operation and sale by public auction of a motor vehicle as prescribed in Article 24-2 of the Act; |
| 13. | Affairs concerning the temporary operation permission prescribed in Article 27 of the Act; |
| 14. | Affairs concerning the filing of an objection prescribed in Article 28 of the Act; |
| 15. | Affairs concerning the registration of facilities, etc. for manufacture, testing or inspection of motor vehicles as prescribed in Article 30 (2) of the Act; |
| 16. | Affairs concerning approval for tuning as prescribed in Article 34 of the Act; |
| 17. | Affairs concerning the inspection of motor vehicles as prescribed in Article 43 of the Act; |
| 18. | Affairs concerning the comprehensive motor vehicle inspection as prescribed in Article 43-2 of the Act; |
| 19. | Affairs concerning the suspension of duty and dismissal of a skilled technician as prescribed in Article 46 of the Act; |
| 20. | Affairs concerning arbitration for replacement or refund prescribed in Article 47-4 of the Act; |
| 21. | Affairs concerning the reporting, etc. on use of two-wheeled motor vehicles as prescribed in Article 48 of the Act; |
| 22. | Affairs concerning the registration, etc. of motor vehicle management business as prescribed in Article 53 of the Act; |
| 23. | Affairs concerning the payment of reward as prescribed in Article 53-2 of the Act; |
| 24. | Affairs concerning the reporting on transfer of motor vehicle management business or on acquisition of the business by transfer as prescribed in Article 55 of the Act; |
| 25. | Affairs concerning certification of acquisition of a scrapped motor vehicle as prescribed in Article 58 (6) 1 of the Act; |
| 26. | Affairs concerning approval for establishment/operation or alteration of motor vehicle auction house as prescribed in Article 60 of the Act; |
| 27. | Affairs concerning registration of providing information on motor vehicles for sale online under Article 65-2 of the Act; |
| 28. | The following affairs under Article 66 of the Act: |
| (a) | Revocation of registration or suspension of business of a motor vehicle management business entity under Article 66 (1) of the Act; |
| (b) | Revocation of registration or suspension of business of a motor vehicle manufacturer, etc. under Article 66 (2) of the Act; |
| (c) | Revocation of registration or suspension of business of an online information provider for motor vehicles for sale under Article 66 (4) of the Act; |
| (d) | Closure of a place of business, or suspension of business by place of business, of an inspector of the performance and condition of a motor vehicle under Article 66 (5) of the Act; |
| 28-2. | Affairs concerning requests for taking disciplinary actions against, or dismissing, officers or employees of the mutual aid association, and orders for correction under Article 68-23 of the Act; |
| 29. | Affairs concerning approval for use of electronic data as prescribed in Article 69 of the Act; |
| 30. | Affairs concerning the provision of information on management of motor vehicle records as prescribed in Article 69-2 of the Act; |
| 31. | Affairs concerning the reduction of or exemption, etc. from a fee for a person falling under subparagraph 12 of Article 76 of the Act; |
| 32. | Affairs concerning offenses prescribed in Articles 85 through 88 of the Act. |
[This Article Wholly Amended on Mar. 27, 2017]
[Moved from Article 14-7 <Jun. 9, 2023>]
| Article 15 (Imposition and Collection of Penalty Surcharges) |
| (1) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 74 (1) and (4) of the Act, he or she shall notify the offender of its payment, in writing (including notification by electronic documents, if the person who is subject to the penalty surcharges wants such notification), stating the type of the offense and the amount of the appropriate penalty. <Amended on Jul. 29, 1999; Dec. 31, 2002; Dec. 31, 2007; Feb. 29, 2008; Mar. 23, 2013; Feb. 2, 2021> |
| (2) | A person who has received the notification made under paragraph (1) shall make the payment to a receiving institution designated by the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu no later than 20 days from the date when payment was notified: <Amended on Jul. 29, 1999; Feb. 29, 2008; Mar. 23, 2013; Dec. 12, 2023> |
| (3) | A receiving institution which has received the payment of penalty surcharge prescribed in paragraph (2) shall deliver a receipt of penalty surcharge to a person who has paid the penalty surcharge and send a notice of receipt to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu. <Amended on Jul. 29, 1999; Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The amount of penalty surcharge, according to the type and degree of a violation on which the penalty surcharge is imposed under Article 74 (1) of the Act, shall be as listed in attached Table 1-2. <Amended on Jun. 28, 2016; Jul. 13, 2021> |
| (5) | The amount of penalty surcharges, according to the type and degree of a violation on which the penalty surcharge is imposed under Article 74 (2) through (4) of the Act, shall be as listed in attached Table 1-3. <Amended on Jun. 28, 2016; Feb. 2, 2021; Jul. 13, 2021> |
| (6) | Deleted. <Sep. 24, 2021> |
| Article 16 Deleted. <Dec. 31, 1997> |
| Article 17 (Delegation of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall delegate the authority concerning any of the following matters to the Mayor/Do Governor pursuant to Article 77 (1) of the Act: <Amended on Dec. 20, 1997; Dec. 31, 1997; Dec. 31, 1998; Jul. 29, 1999; Dec. 31, 2002; Feb. 29, 2008; Mar. 27, 2009; Feb. 5, 2010; Nov. 25, 2011; Mar. 23, 2013; Feb. 3, 2016; Jun. 19, 2018; Feb. 2, 2021; Oct. 14, 2021; Mar. 8, 2022> |
| 1. | Affairs concerning issuing and returning a temporary operation permit license plate pursuant to Article 27 (2) and (4) of the Act; |
| 1-2. | Affairs concerning re-examining pressure-resistant containers pursuant to Article 35-8 (1) of the Act (excluding the affairs of inspection to be conducted by a motor vehicle inspection agent); |
| 2. | Affairs concerning a motor vehicle inspection (excluding an inspection conducted under Articles 44 and 45 of the Act by a motor vehicle inspection agent and by a designated maintenance business entity prescribed in Article 45 (2) of the Act) pursuant to Article 43 of the Act; |
| 3. | Designation of a designated maintenance business entity pursuant to Article 45 (1) of the Act; |
| 4. | Revocation of designation of and an order of suspension of affairs to a designated maintenance business entity pursuant to Article 45-3 (1) of the Act; |
| 4-2. | Designation of a designated maintenance business entity for comprehensive inspections pursuant to Article 45-2 (1) of the Act; |
| 4-3. | Revocation of designation of and an order of suspension of affairs to a designated maintenance business entity for comprehensive inspections pursuant to Article 45-3 (1) of the Act; |
| 5. | Order of dismissal and of suspension of duty of skilled technicians to a designated maintenance business entity and a designated maintenance business entity for comprehensive inspections pursuant to Article 46 (2) of the Act; |
| 6. | Verification of the repair and use of a taxi fare meter prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in consideration of the methods of operation, applied technologies, etc., among taxi fare meters prescribed in Article 47 (1) of the Act; |
| 7. | Designation under Article 47 (2) of the Act of a specialized taximeter verification institution for the verification under subparagraph 6 among specialized taximeter verification institutions under Article 47 (2) of the Act, and revocation of verification and an order for suspension of business under paragraph (5) of that Article; |
| 8. | Approval for the use of electronic data prescribed in Article 69 of the Act (excluding cases where electronic data belonging to at least two Cities/Dos is to be offered simultaneously); |
| 8-2. | Hearings concerning the authority delegated pursuant to the subparagraphs of Article 75 of the Act; |
| 9. | Imposition and collection of an administrative fine prescribed in Article 84 of the Act (excluding the imposition and collection of an administrative fine on a person who violates an order, disposition, etc. by the Minister of Land, Infrastructure and Transport pursuant to paragraph (1) 1 through 3 of that Article, paragraph (2) 2-2 and 3 of that Article, paragraph (4) 13-3, 14, 15, and 15-2 of that Article, and paragraph (5) 3 and 8 of that Article); |
| 10. | Imposition and collection of penalty surcharge prescribed in Article 74 of the Act (limited to cases where the relevant authority is delegated under subparagraph 7). |
| (2) | Pursuant to Article 77 (2) of the Act, the Minister of Land, Infrastructure and Transport and the Minister of Environment shall delegate, to the Mayor/Do Governor, their authority for the comprehensive inspection of a motor vehicle prescribed in Article 43-2 of the Act (excluding an inspection conducted by a comprehensive inspection agent prescribed in Article 44-2 (1) of the Act or a designated maintenance business entity for comprehensive inspections conducted under Article 45-2 (1) of the Act pursuant to Article 44-2 or 45-2 of the Act). <Newly Inserted on Mar. 27, 2009; Mar. 23, 2013> |
| (3) | The Mayor/Do Governor may delegate the authority concerning the following matters to the head of a Si/Gun/Gu (excluding a Special Self-Governing Province Governor; hereafter in this Article and Article 18, the same shall apply) pursuant to the provisions of Article 77 (4) of the Act, as prescribed by municipal ordinance of the relevant City/Do: <Amended on Jul. 29, 1999; Mar. 27, 2009; Feb. 5, 2010; Nov. 25, 2011; Jan. 6, 2016> |
| 1. | Keeping or managing the register of a motor vehicle prescribed in the provisions of Article 7 of the Act, measures taken where the register of a motor vehicle is destroyed, measures for preventing the register of a motor vehicle and details thereof from being destroyed or damaged and their illicit outflow and their maintenance, issuing the certified copy or abridged copy of the register of a motor vehicle or handling an application filed for perusal of the register of a motor vehicle; |
| 2. | New registration and delivery (including re-delivery prescribed in Article 18 (2) of the Act) of a motor vehicle registration certificate prescribed in Article 8 of the Act; |
| 3. | Rejection of new registration pursuant to Article 9 of the Act (including cases to which that Article shall apply mutatis mutandis pursuant to Articles 11 (2) and 12 (7) of the Act); |
| 4. | Permission of detachment of a registration license plate and a seal pursuant to Article 10 (2) of the Act; |
| 5. | Measures for registration of modification pursuant to Article 11 of the Act; |
| 6. | Measures for registration of transfer pursuant to Article 12 of the Act; |
| 7. | Measures for registration for cancellation and collection, keeping in custody and disuse of a motor vehicle registration certificate, a registration license plate, and seal pursuant to Article 13 of the Act (excluding paragraphs (8) and (9) of said Article); |
| 8. | Measures for reporting on the performance of export pursuant to Article 13 (8) of the Act; |
| 9. | Delivery of a certificate proving the registration of cancellation prescribed in Article 13 (9) of the Act; |
| 10. | Measures for registration of seizure prescribed in Article 14 of the Act; |
| 11. | Assignment of a motor vehicle registration number pursuant to Article 16 of the Act; |
| 12. | Deleted; <Jul. 29, 1999> |
| 13. | Designation of a registration license plate issuance agent prescribed in Article 20 of the Act; |
| 14. | Revocation of designation as a registration license plate issuance agent, and an order of suspension of business prescribed in Article 21 of the Act; |
| 15. | Deleted; <Jul. 29, 1999> |
| 16. | Deleted; <Jul. 29, 1999> |
| 17. | Measures for issuance and return of temporary operation permit and a certificate of temporary operation permit and temporary license plate prescribed in Article 27 of the Act; |
| 18. | Measures for raising an objection to the registration prescribed in Article 28 of the Act; |
| 19. | Deleted; <Jul. 29, 1999> |
| 20. | Deleted; <Jul. 29, 1999> |
| 21. | Deleted; <Jul. 29, 1999> |
| 22. | Deleted; <Jul. 29, 1999> |
| 23. | Deleted; <Jul. 29, 1999> |
| 24. | Deleted; <Nov. 25, 2011> |
| 25. | Deleted; <Jul. 29, 1999> |
| 26. | Deleted; <Jul. 29, 1999> |
| 27. | Deleted; <Jul. 29, 1999> |
| 28. | Deleted; <Jul. 29, 1999> |
| 29. | Deleted; <Jul. 29, 1999> |
| 30. | Deleted; <Jul. 29, 1999> |
| 31. | Deleted; <Jul. 29, 1999> |
| 32. | Deleted; <Jul. 29, 1999> |
| 33. | Imposition and collection of penalty surcharges prescribed in Article 74 of the Act (limited to cases where the relevant authority is delegated under subparagraph 14); |
| 34. | Hearings prescribed in Article 75 of the Act (limited to cases where authority on any affair falling under each subparagraph of Article 75 of the Act is delegated to the head of a Si/Gun/Gu); |
| 35. | Imposition and collection of an administrative fine prescribed in Article 84 of the Act (excluding the imposition and collection of an administrative fine with respect to a person who violates any order or disposition, etc. issued by the Mayor/Do Governor under Articles 72 (1) and (2) and 73 (1) of the Act). |
| (4) | Where the Mayor/Do Governor enacts or amends the municipal ordinance which delegates his or her authority to the head of a Si/Gun/Gu under paragraph (3), he or she shall report it to the Minister of Land, Infrastructure and Transport without delay. <Amended on Feb. 29, 2008; Mar. 27, 2009; Mar. 23, 2013> |
| Article 18 (Re-Delegation of Authority) |
| (1) | Where the Mayor/Do Governor intends to re-delegate part of the authority delegated by the Minister of Land, Infrastructure and Transport to the head of a Si/Gun/Gu under Article 77 (3) of the Act, he or she shall consider sufficiently the details of affairs, and an entrusted institution's structure, personnel, and ability to carry out affairs, etc., and when re-delegating such authority, he or she shall publicly notify it. <Amended on Feb. 29, 2008; Nov. 25, 2011; Mar. 23, 2013> |
| (2) | The head of a Si/Gun/Gu to whom authority has been re-delegated prescribed in paragraph (1) shall report the state of handling of the appropriate affairs to the Mayor/Do Governor. <Amended on Feb. 25, 2020> |
| (3) | Deleted. <Jul. 29, 1999> |
| Article 19 (Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall entrust the authority falling under the proviso of Article 23 (1) of the Act (including cases to which the same provision shall apply mutatis mutandis pursuant to Article 52 of the Act) and Article 23 (2) of the Act (including cases to which that paragraph shall apply mutatis mutandis pursuant to Article 52 of the Act) to the Korea Transportation Safety Authority designated as a motor vehicle inspection agent prescribed in Article 44 (1) of the Act, as prescribed in Article 77 (5) of the Act. <Amended on Dec. 20, 1997; Dec. 31, 2002; Feb. 29, 2008; Feb. 5, 2010; Mar. 23, 2013; Dec. 10, 2015; Oct. 23, 2018> |
| (2) | Deleted. <Dec. 31, 2002> |
| (3) | Pursuant to Article 77 (6) 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 Oct. 6, 2015; Oct. 23, 2018; Sep. 22, 2020> |
| 1. | Affairs concerning an agent performing the affairs required for de-registration of seizure as prescribed in Article 14-2 (1) of the Act; |
| 2. | Affairs concerning exemption from the self-certification of motor vehicles prescribed in Article 30-4 of the Act (including cases to which that Article shall apply mutatis mutandis pursuant to Article 52 of the Act); |
| 2-2. | Affairs concerning the investigation and research of safety of the tuned motor vehicles and the development of equipment under Article 34-2 (1) 1 of the Act; |
| 2-3. | Affairs concerning the development of professional human resources for tuning motor vehicles and the development and distribution of tuning-related training programs under Article 34-2 (1) 1-2 of the Act; |
| 3. | Affairs concerning the precision testing of machines and apparatuses prescribed in Article 40 (1) of the Act (including cases to which that paragraph shall apply mutatis mutandis pursuant to Article 47 (4) of the Act); |
| 4. | Affairs concerning the provision of the information on management of motor vehicle records pursuant to Article 69-2 (1) of the Act. |
| (4) | Pursuant to Article 77 (7) of the Act, the Mayor/Do Governor may entrust to the Korea Transportation Safety Authority the affairs concerning the registration made under Articles 7, 8, 9 through 12, 12-2, 13, 14, 14-3, and 16 of the Act, the application of which was received by the electronic information processing organization prescribed in Article 69 of the Act by electronic means (including the digital documents and digitalized documents prescribed in the Electronic Government Act). In such cases, the Mayor/Do Governor who entrusts the affairs shall publicly notify the entrustment. <Newly Inserted on Oct. 6, 2015; Oct. 23, 2018> |
| (5) | The head of a Si/Gun/Gu shall entrust the authority for granting approval to modify structure and device of a motor vehicle prescribed in Article 34 of the Act (including cases to which that Article shall apply mutatis mutandis pursuant to Article 52 of the Act) to the Korea Transportation Safety Authority, as prescribed in Article 77 (8) of the Act. <Newly Inserted on Dec. 31, 2002; Sep. 25, 2008; Feb. 5, 2010; Oct. 6, 2015; Oct. 23, 2018> |
| (6) | The head of a Si/Gun/Gu shall entrust the authority for handling the report on the motor vehicle for sale as prescribed in Article 59 (1) of the Act to a trade association concerning the motor vehicle transaction business established under Article 67 of the Act, as prescribed in Article 77 (8) of the Act. <Amended on Dec. 20, 1997; Jul. 29, 1999; Dec. 31, 2002; Feb. 5, 2010; Oct. 6, 2015> |
| (7) | The head of a Si/Gun/Gu shall entrust the authority for handling the report on the appointment and dismissal of a person in charge of maintenance prescribed in Article 64 (1) of the Act to a trade association concerning motor vehicle maintenance business established under Article 67 of the Act, as prescribed in Article 77 (8) of the Act. <Amended on Jul. 29, 1999; Dec. 31, 2002; Feb. 5, 2010; Oct. 6, 2015> |
| (8) | A trade association for which authority is entrusted under paragraphs (6) and (7), shall file a monthly report on the current status of handling of the delegated affairs to the head of a Si/Gun/Gu. <Amended on Dec. 20, 1997; Jul. 29, 1999; Dec. 31, 2002; Feb. 5, 2010; Oct. 6, 2015> |
| (9) | The Minister of Land, Infrastructure and Transport shall entrust the authority for installing and operating an electronic information processing organization prescribed in Article 69 of the Act to the Korea Transportation Safety Authority pursuant to Article 77 (10) of the Act. <Newly Inserted on Sep. 25, 2008; Mar. 23, 2013; Oct. 6, 2015; Oct. 23, 2018> |
| 1. | Affairs on inspection of pressure-resistant containers pursuant to Article 35-6 (1) of the Act; |
| 2. | Affairs on destruction of pressure-resistant containers pursuant to Article 35-6 (2) of the Act; |
| 3. | Affairs on carving or marking pressure-resistant containers pursuant to Article 35-6 (3) of the Act. |
| (11) | The Minister of Land, Infrastructure and Transport shall entrust authority over the establishment and operation of a motor vehicle defects information system to a performance testing agent pursuant to Article 77 (12) of the Act. <Newly Inserted on Feb. 2, 2021> |
[Title Amended on Sep. 22, 2011]
| Article 20 (Imposition of Administrative Fines) |
The criteria for imposing administrative fines under Article 84 (1) through (5) of the Act shall be as specified in attached Table 2. <Amended on Nov. 25, 2011; Apr. 24, 2018; Feb. 2, 2021> [This Article Wholly Amended on Sep. 25, 2008]
| Article 21 (Scope of Offenses and Amount of Penalty) |
| (1) | Specific scope of and penalty amount of the offenses prescribed in Articles 85 (1) and 86 (2) of the Act shall be as specified in attached Table 3. |
| (2) | A penalty shall not be paid in installments. |
[This Article Newly Inserted on Jun. 30, 2001]
| Article 22 (Procedures for Dispositions of Notification) |
| (1) | Where the head of a Si/Gun/Gu intends to present a notice disposition prescribed in Article 86 (1) of the Act, he or she shall prepare a penalty payment notice. |
| (2) | Penalty payment notice under the provision of paragraph (1) shall present personal details of the person who receives the notice disposition, amount of penalty, contents of offense, applied provisions, place of payment, period of payment and date of notice disposition, on which the head of a Si/Gun/Gu shall affix signature and seal. |
| (3) | Necessary matters on payment of penalty other than the provisions in this Decree shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 30, 2001]
ADDENDA <Presidential Decree No. 15166, Nov. 6, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 9 shall enter into force on January 1, 1997. Article 2 (Transitional Measures concerning Initial Date in Computing Vehicle Age)
The vehicle age of a motor vehicle registered as at the time this Decree enters into force shall be considered to be computed under this Decree.
Article 3 (Transitional Measures concerning Dispositions of Penalty Surcharges and Administrative Fines)
The previous provisions shall govern the application of penalty surcharges and administrative fines to acts committed before this Decree enters into force.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations cite the previous provision of the Enforcement Decree of the Motor Vehicle Management Act as at the time this Decree enters into force and this Decree includes the provisions corresponding to such previous provisions, the corresponding provisions of this Decree shall be considered to have been cited in lieu of such previous provisions.
ADDENDUM <Presidential Decree No. 15544, Dec. 20, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 16066, Dec. 31, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Dispositions of Administrative Fines) The previous provisions shall govern the application of the dispositions of administrative fines to acts committed before this Decree enters into force. |
ADDENDA <Presidential Decree No. 16498, Jul. 29, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on October 16, 1999: Provided, That the amended provisions of Article 9 (1) shall enter into force on January 1, 2000; and the amended provisions of subparagraph 2 (1), (4), (5), and (6) of attached Table 1 and the amended provisions of subparagraphs 3, 21-2, 23-2, 23-3, and 29-2 of attached Table 2 shall enter into force on July 30, 1999. |
| (2) | (Transitional Measures concerning Dispositions of Administrative Fines) The previous provisions shall govern the application of the dispositions of administrative fines to acts committed before this Decree enters into force. |
ADDENDA <Presidential Decree No. 17152, Mar. 17, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Notification of Scrapping of Abandoned Motor Vehicles) The amended provisions of Article 6 (3) 1 shall begin to apply to the first notification of scrapping, etc. of an abandoned motor vehicle, given on or after this Decree enters into force. |
| (3) | (Transitional Measures concerning Reckoning Date of Motor Vehicle Age) The vehicle age of motor vehicles registered as at the time this Decree enters into force shall be considered to have been reckoned under this Decree. |
| (4) | (Transitional Measures concerning Dispositions of Administrative Fines) The previous provisions shall govern the application of the dispositions of administrative fines to acts committed before this Decree enters into force. |
ADDENDA <Presidential Decree No. 17260, Jun. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2001.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 17286, Jun. 30, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2001. |
| (2) | (Transitional Measures concerning Penalty Surcharges) Notwithstanding the amended provisions in subparagraph 2 (17) of attached Table 1, the previous provisions shall govern the application of penalty surcharges to acts committed before this Decree enters into force. |
ADDENDA <Presidential Decree No. 17874, Dec. 31, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 2003. |
| (2) | (Transitional Measures concerning Dispositions of Penalty Surcharges and Administrative Fines) The previous provisions shall govern the application of the dispositions of penalty surcharges and administrative fines to acts committed before this Decree enters into force. |
ADDENDA <Presidential Decree No. 19493, May 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19947, Mar. 22, 2007>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measure concerning Administrative Fines) The previous provisions shall govern the application of administrative fines to acts committed before this Decree enters into force. |
ADDENDUM <Presidential Decree No. 20178, Jul. 19, 2007>
This Decree shall enter into force on July 20, 2007.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 21035, Sep. 25, 2008>
This Decree shall enter into force on September 29, 2008.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21376, Mar. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 29, 2009.
Article 2 (Special Cases concerning Purchasing Guarantee Policy)
A motor vehicle dealer who is registered as at the time this Decree enters into force shall subscribe to a guarantee insurance or make a deposit as prescribed by the amended provisions of Article 13-2 (1) within three months after this Decree enters into force and shall make a report thereon to the head of a Si/Gun/Gu, along with documents certifying the measures taken under paragraph (2) of the same Article.
ADDENDUM <Presidential Decree No. 22021, Feb. 5, 2010>
This Decree shall enter into force on February 7, 2010.
ADDENDUM <Presidential Decree No. 22083, Mar. 23, 2010>
This Decree shall enter into force on March 30, 2010.
ADDENDA <Presidential Decree No. 23319, Nov. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 25, 2011.
Article 2 (Applicability to Modification to Registered Matters)
The amended provisions of subparagraph 1 of Article 11 shall begin to apply to the first alteration to any registered matters of motor vehicle management business, made on or after this Decree enters into force in accordance with the relevant amended provisions. Article 3 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
Notwithstanding the amended provisions of attached Table 2, the previous provisions shall govern the application of the criteria for imposition of administrative fines on violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24620, Jun. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jun 19, 2013: Provided, That the amended provisions of subparagraph 2 (b) of attached Table 2 (applicable only to the portions relevant to Article 58 (8) of the Act) shall enter into force on September 1, 2013, and the amended provisions of subparagraph 1 of II of attached Table 1 and subparagraph 2 of attached Table 2 shall enter into force on December 19, 2013. Article 2 (Transitional Measures concerning Partial Motor Vehicle Maintenance Business)
A person who has filed for registration of partial motor vehicle maintenance business before the enforcement of this Decree shall be deemed a person who has filed for registration of professional motor vehicle maintenance business under the amended provisions of Article 12 (1) 3.
ADDENDUM <Presidential Decree No. 25449, Jul. 7, 2014>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26219, Apr. 29, 2015>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26224, May 1, 2015>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26579, Oct. 6, 2015>
This Decree shall enter into force on October 7, 2015.
ADDENDUM <Presidential Decree No. 26588, Oct. 13, 2015>
This Decree shall enter into force on January 1, 2016: Provided, That the amended provisions of subparagraphs 6 through 9 of Article 8-2 shall enter into force on July 1, 2016; and the amended provisions of subparagraphs 10 through 13 of the same Article shall enter into force on January 1, 2017.
ADDENDA <Presidential Decree No. 26706, Dec. 10, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13-3 shall enter into force on January 7, 2016. Article 2 (Transitional Measures concerning Small Motor Vehicle Maintenance Business)
A person who has filed for registration of small motor vehicle maintenance business before enforcement of this Decree pursuant to the previous provisions of Article 12 (1) 2 shall be deemed a person who has filed for registration of small motor vehicle general maintenance business prescribed in the amended provisions of Article 12 (1) 2.
ADDENDUM <Presidential Decree No. 26869, Jan. 6, 2016>
This Decree shall enter into force on January 7, 2016: Provided, That the amended provisions of Articles 6 (6), 7 (4) and (5), and 14-6 shall enter into force on February 12, 2016; and the amended provisions of Article 17 (3) 3 shall enter into force on August 12, 2016.
ADDENDUM <Presidential Decree No. 26942, Feb. 3, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (ah) of attached Table 2 shall enter into force on February 12, 2016.
ADDENDUM <Presidential Decree No. 27283, Jun. 28, 2016>
This Decree shall enter into force on June 30, 2016.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28033, May 8, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso of Article 14-2 (2) and to the proviso of Article 14-4 (1) shall enter into force six months after the date of the promulgation.
ADDENDA <Presidential Decree No. 28831, Apr. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 25, 2018.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines)
| (1) | In applying the criteria for imposing administrative fines for violations committed before this Decree enters into force, the previous provisions shall apply notwithstanding the amendments to attached Table 2. |
| (2) | Administrative fines imposed for violations committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of subparagraph 2 (f), (g), (l), and (o) of attached Table 2. |
ADDENDUM <Presidential Decree No. 28985, Jun. 19, 2018>
This Decree shall enter into force on June 27, 2018.
ADDENDUM <Presidential Decree No. 29254, Oct. 23, 2018>
This Decree shall enter into force on October 25, 2018: Provided, That the amended provisions of Articles 9-5 through 9-9 shall enter into force on January 1, 2019.
ADDENDA <Presidential Decree No. 29519, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 15, 2019.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines)
| (1) | In applying the criteria for imposing administrative fines for violations committed before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of subparagraph 2 (ag) and (ah) of attached Table 2. |
| (2) | The administrative fines imposed for violations committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of subparagraph 2 (ag) and (ah) of attached Table 2. |
ADDENDA <Presidential Decree No. 29677, Apr. 2, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29780, May 21, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Imposition of Penalty Surcharges)
| (1) | When imposing penalty surcharges for violations committed before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of attached Table 1. |
| (2) | The penalty surcharges imposed for violations committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of attached Table 1. |
ADDENDUM <Presidential Decree No. 30379, Jan. 29, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30486, Feb. 25, 2020>
This Decree shall enter into force on February 28, 2020.
ADDENDUM <Presidential Decree No. 30713, May 26, 2020>
This Decree shall enter into force on May 27, 2020.
ADDENDA <Presidential Decree No. 31012, Sep. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2020.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 31035, Sep. 22, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 31222, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 31428, Feb. 2, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2021.
Article 2 (Transitional Measures concerning Criteria for Calculating Penalty Surcharges)
Where a penalty surcharge reduced is imposed for a violation committed before this Decree enters into force, the penalty surcharge shall be calculated pursuant to subparagraph 1 (b) and (c) of the previous attached Table 1-2, notwithstanding the amended provisions of subparagraph 1 (b) through (d) of attached Table 1-2.
ADDENDUM <Presidential Decree No. 31893, Jul. 13, 2021>
This Decree shall enter into force on July 14, 2021.
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32056, Oct. 14, 2021>
This Decree shall enter into force on October 14, 2021: Provided, That the amended provisions of Article 7 (1) 13 and paragraph (2) 2 of that Article shall enter into force on the date of the promulgation, and the amended provisions of subparagraph 2 (af) of attached Table 2 shall enter into force on April 14, 2022.
ADDENDA <Presidential Decree No. 32449, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 32526, Mar. 8, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
For purposes of applying the criteria for imposing administrative fines for violations committed before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of subparagraph 2 (aj) of attached Table 2.
ADDENDA <Presidential Decree No. 32790, Jul. 11, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 12, 2022.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 33049, Dec. 9, 2022>
This Decree shall enter into force on December 11, 2022.
ADDENDUM <Presidential Decree No. 33526, Jun. 9, 2023>
This Decree shall enter into force on June 11, 2023.
ADDENDUM <Presidential Decree No. 33766, Sep. 26, 2023>
This Decree shall enter into force on September 29, 2023.
ADDENDA <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into on the date of its promulgation.