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STATUTES

THE REPUBLIC OF KOREA

Volume

ROAD TRAFFIC ACT

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to ensure safe and smooth flow of traffic by preventing and removing all dangers and obstacles to traffic on roads.

Article 2 (Definitions)

The terms used in this Act are defined as follows: <Amended on Mar. 21, 2012; Mar. 23, 2013; Jan. 28, 2014; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017; Oct. 24, 2017; Mar. 27, 2018; May 26, 2020; Jun. 9, 2020; Dec. 22, 2020; Oct. 19, 2021; Jan. 11, 2022>

1. The term "road" means any of the following:

(a) A road provided for in the Road Act;

(b) A toll road provided for in the Toll Road Act;

(c) Roads in agricultural and fishing villages provided for in the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages;

Article 1 ~ 2

(d) An open area practically necessary to ensure safe and smooth movement of traffic of many unspecified persons, motor vehicles, and horses;

2. The term "automobile road" means a road on which only motor vehicles may move;

3. The term "expressway" means a road designated exclusively for motor vehicles to move along at high speed;

4. The term "roadway" means the area of a road over which all motor vehicles move along, demarcated by a line of curbstones (referring to a line of curbstones, etc. that define roadways from sidewalks; hereinafter the same shall apply), safety signs, or artificial structures similar thereto;

5. The term "median lane" means a line indicated with safety signs, such as yellow solid lines and yellow dotted lines, or facilities installed with medians or barriers, etc., in order to clearly separate the direction of passage of motor vehicles and horses: Provided, That where a reversible motor vehicle road is opened pursuant to the latter part of Article 14 (1), this means a yellow dotted line on the far left side of the direction of movement controlled by signal apparatus;

6. The term "lane" means the area of a roadway divided by the vehicle lines between which motor vehicles and horses move;

Article 2

7. The term "vehicle line" means a line whose boundary points are indicated with safety signs in order to distinguish one lane from another;

7-2. The term “tram road” means a track or lane referred to in each subparagraph of Article 18-2 (1) of the Urban Railroad Act on which a tramway is laid, demarcated by safety signs or artificial structures;

8. The term "bicycle track" means a road specified under the subparagraphs of Article 3 of the Promotion of the Use of Bicycles Act, demarcated by safety signs, safety railings, or other artificial structures similar thereto for the passage of bicycles and personal mobility devices;

9. The term "bicycle crossing" means the area of a road marked with a safety sign for bicycles and personal mobility devices to cross the road;

10. The term "sidewalk" means the area of a road demarcated by a line of curbstones, safety signs, or artificial structures similar thereto for passage by pedestrians (including persons passing using equipment or apparatuses such as baby carriages, wheelchairs to aid walking, walking supporters for the elderly, which are prescribed by Ordinance of the Ministry of the Interior and Safety; hereinafter the same shall apply);

11. The term

Article 2

"roadside area" means the edge of a road undivided by a sidewalk and a roadway, but demarcated by safety signs, etc. in order to ensure pedestrian safety;

12. The term "crosswalk" means the part of a road, demarcated with safety signs for pedestrians to cross the road;

13. The term "intersection" means the area of a road intersected in the shape of a "＋" or "T" or the juncture of at least two roads (in cases of a road divided by the sidewalk and the roadway, referring to the roadway);

13-2; The term "roundabout" means a circular intersection in which motor vehicles and horses travel counterclockwise around a circular traffic island (referring to a facility in the shape of an island installed at the intersection or the juncture of a roadway, in order to ensure safe and smooth flow of traffic and safe pedestrian crossings);

14. The term "safety zone" means the area of a road indicated by safety signs and other artificial structures similar thereto in order to ensure the safety of pedestrians crossing the road as well as motor vehicles and horses passing through;

15. The term "signal apparatuses" means apparatuses operated manually or electrically to convey signals to proceed, stop, turn, exercise caution, etc. by means of letters, symbols, or lights in traffic on the road;

16. The term

Article 2

"safety signs" means signboards that convey caution, control, direction, etc. or symbols, letters, lines, etc. indicated on the surface of a road necessary for traffic safety;

17. The term "motor vehicles and horses" means any of the following motor vehicles and horses:

(a) The term "motor vehicle" means any of the following:

(i) Motor vehicles;

(ii) Construction machinery;

(iii) Motorcycles;

(iv) Bicycles;

(v) Other vehicles moving along the road by the power of humans or cattle, or other motor power: Provided, That anything that moves along railway tracks or on temporarily installed lines, or using equipment or apparatuses such as baby carriages, wheelchairs to aid walking, walking supporters for the elderly, which are prescribed by Ordinance of the Ministry of the Interior and Safety, shall be excluded therefrom;

(b) The term "oxen and horses" means cattle used for traffic and transportation;

17-2. The term

Article 2

“tram” means a tram referred to in subparagraph 2 of Article 2 of the Urban Railroad Act which moves on a road, using tracks;

18. The term "motor vehicle" means any of the following vehicles powered by motor (any towed motor vehicle shall be deemed part of a motor vehicle) without using any railway or any temporarily installed line:

(a) Any of the following motor vehicles provided for in Article 3 of the Motor Vehicle Management Act: Provided, That any motorcycle shall be excluded therefrom:

(i) An automobile;

(ii) A bus;

(iii) A truck;

(iv) A special-purpose vehicle;

(v) A two-wheeled vehicle;

(b) Construction machinery provided for in the proviso of Article 26 (1) of the Construction Machinery Management Act;

18-2. The term "autonomous driving system" means an autonomous driving system defined in Article 2 (1) 2 of the Act on the

Article 2

Promotion of and Support for Commercialization of Autonomous Vehicles. In such cases, the types of motor vehicles may be subdivided into, such as a full autonomous driving system and a partial autonomous driving system, as prescribed by Ordinance of the Ministry of the Interior and Safety;

18-3. The term "autonomous driving motor vehicle" means any motor vehicle equipped with an autonomous driving system referred to in subparagraph 1-3 of Article 2 of the Motor Vehicle Management Act;

19. The term "motorcycle" means any of the following:

(a) A two-wheeled vehicle with an engine displacement of 125 cubic centimeters or less (referring to a maximum rated output power of 11 kilowatt or less in cases of vehicles powered by electricity) among two-wheeled vehicles provided for in Article 3 of the Motor Vehicle Management Act;

(b) A vehicle (excluding electronic bicycles under subparagraph 1-2 of Article 2 of the Promotion of the Use of Bicycles Act) equipped with a motor with an engine displacement of 125 cubic centimeters or less (referring to a maximum rated output power of 11 kilowatt or less in cases of vehicles powered by electricity);

19-2. The term "personal mobility device" means a motorcycle, which weighs

Article 2

less than 30 kilograms, equipped with a motor that cuts out when the device reaches at or above a speed of 25 kilometers per hour, among motorcycles under subparagraph 19 (b), as prescribed by Ordinance of the Ministry of the Interior and Safety;

20. The term "bicycles" means bicycles and electronic bicycles defined in subparagraphs 1 and 1-2 of Article 2 of the Promotion of the Use of Bicycles Act;

21. The term "motor vehicles, etc." means motor vehicles and motorcycles;

21-2. The term "bicycles, etc." means bicycles and personal mobility devices;

22. The term "emergency motor vehicles" means any of the following motor vehicles, used for emergency purposes:

(a) Fire engines;

(b) Ambulances;

(d) Other motor vehicles prescribed by Presidential Decree;

23. The term "school bus for children" means a motor vehicle used for transport, etc. of children to and from an establishment

Article 2

for educaion of children (referring o persons younger than 13 years old; hereinafter the same shall apply) among the following establishments, and a motor vehicle for passenger transport business operated for children as its passengers after obtaining a restricted license for the passenger transport business under Article 4 (3) of the Passenger Transport Service Act:

(a) Kindergartens and early childhood education and development institutes provided for in the Early Childhood Education Act, elementary schools, special schools, alternate schools, and foreigners' schools provided for in the Elementary and Secondary Education Act;

(b) Childcare centers provided for in the Infant Care Act;

(c) Private teaching institutes and schools established pursuant to the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;

(d) Sports facilities established pursuant to the Installation and Utilization of Sports Facilities Act;

(e) Child welfare facilities defined in the Child Welfare Act (excluding specialized child protection agencies);

Article 2

(f) Youth training facilities under the Youth Activity Promotion Act;

(g) Facilities for the welfare of persons with disabilities (excluding occupational rehabilitation facilities for persons with disabilities) under the Act on Welfare of Persons with Disabilities;

(h) Public Libraries under the Libraries Act;

(i) City/Do institute for lifelong education and Si/Gun/Gu lifelong study halls under the Lifelong Education Act;

(j) Social welfare facilities, or social welfare centers under the Social Welfare Services Act;

24. The term "parking" means keeping any motor vehicle in a parked state because the motor vehicle awaits passengers, is being loaded with cargo, or is broken down, etc., or its driver is unable to immediately drive the motor vehicle because he or she has left the relevant motor vehicle;

25. The term "stop" means bringing any motor vehicle to a stationary state for up to five minutes, other than parking;

26. The term "driving" means using a motor vehicle or horse or tram on

Article 2

a road (icludig places, other tha a road, i cases falling under Articles 27 (6) 3, 44, 45, 54 (1), 148, 148-2, and subparagraph 10 of Article 156) according to its original purpose (including maneuvering it or using an autonomous driving system);

27. The term "novice driver" means a person for whom two years have yet to lapse from the date he or she obtains his or her driver's license (where he or she is subject to a disposition to revoke his or her driver's license before two years lapse from the date he or she has obtained his or her driver's license, this refers to the date he or she subsequently re-obtains his or her driver's license). In such cases, where a person who only obtains a motorcycle driver's license obtains a driver's license, other than a motorcycle driver's license, it shall be deemed his or her first driver’s license;

28. The term "drive slowly" means driving a motor vehicle or tram at a slow speed that allows the driver to stop the motor vehicle or tram immediately;

29. The term "overtake" means that a driver passes beside another motor vehicle and moves ahead of it;

30. The term "temporary stop" means that the driver of a motor vehicle or tram brings the wheels of the motor vehicle or tram to a temporary but complete stop;

31. The term "exclusive pedestrian road" means a road indicated by safety

Article 2

signs or artificial structures similar thereto for exclusive use by pedestrians;

31-2. The term "pedestrian priority road" means a pedestrian priority road defined in subparagraph 3 of Article 2 of the Pedestrian Safety and Convenience Enhancement Act;

32. The term "driving school" means an establishment in which the knowledge and skills to drive motor vehicles are taught, other than any of the following establishments:

(a) An establishment built by any school for training its teachers, employees, and students pursuant to education-related statutes and regulations;

(b) An establishment built in the place of business, etc. for training its employees;

(d) An establishment recognized by the commissioners of City/Do police agencies among establishments built by the heads of local governments, etc. for conducting driving education for persons with physical disabilities;

(e) An establishment that conducts driving education without receiving any fee therefor;

Article 2

(f) An establishment that conducts driving education in a place, other than on a road, in order to allow a person with a driver's license to have various driving experiences;

33. The term "exemplary driver" means a driver who has received merit points for accident-free or meritorious driving, or a person who has no record of causing any traffic accident while driving a commercial motor vehicle for at least two years pursuant to Article 146, and engages in volunteer activities for traffic safety after being selected as determined by the Commissioner General of the Korean National Police Agency.

[This Article Wholly Amended on Jun. 8, 2011]

Article 3 (Installation and Management of Signal Apparatuses)

(1) When it is deemed necessary to prevent dangers and to ensure safe and smooth flow of traffic on the road, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Governor of a Special Self-governing Province or the head of a Si/Gun (excluding the head of a Gun of a Metropolitan City; hereinafter referred to as "Mayor, etc.") shall install and manage signal apparatuses and safety signs (hereinafter referred to as "traffic safety facilities"): Provided, That in cases of toll roads provided for in Article 6 of the Toll Road Act, road managers shall install and manage traffic safety facilities upon receiving instructions of the Mayor, etc.

Article 3

(2) When the Mayor, etc. and road managers install and manage traffic safety facilities pursuant to paragraph (1), he or she shall comply with the standards for installation and management of traffic safety facilities in Article 4. <Newly Inserted on Jun. 12, 2018>

(3) A Do may fully or partially subsidize the costs involved for the head of a Si/Gun to install and manage traffic safety facilities pursuant to paragraph (1). <Amended on Jun. 12, 2018>

(4) Where it is necessary to remove traffic safety facilities installed on a road or to restore them to their original state for reasons prescribed by Presidential Decree, the Mayor, etc. may require a person who caused such reasons to fully or partially bear the costs necessary to perform the work therefor. <Amended on Jun. 12, 2018>

(5) Matters necessary for standards for bearing and refunding the costs referred to in paragraph (4) shall be prescribed by Presidential Decree. <Amended on Jun. 12, 2018>

(6) When the person who is liable to fully or partially pay the costs pursuant to paragraph (4) fails to pay them during the designated period, the Mayor, etc. shall collect the unpaid costs according to the precedents for dispositions taken to collect local taxes in arrears. <Amended on Jun. 12, 2018>

[This Article Wholly

Article 3

Amended on Jun. 8, 2011]

Article 4 (Kinds and Installation and Management Standards of Traffic Safety Facilities)

(1) The kinds of traffic safety facilities, installation and management standards for traffic safety facilities, places where traffic safety facilities are to be installed, and other matters necessary for traffic safety facilities, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 12, 2018>

(2) The installation and management standards for traffic safety facilities in paragraph (1) shall be made to be easily visible to drivers and pedestrians day and night regardless of weather conditions. <Newly Inserted on Jun. 12, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Jun. 12, 2018]

Article 4-2 (Installation and Administration of Unmanned Traffic Enforcement Equipment)

(1) The commissioners of City/Do police agencies, the chief of a police station, or a Mayor, etc. may install and administer unmanned traffic enforcement equipment to record and prove facts of violation of this Act. <Amended on Dec. 22, 2020>

Article 4 ~ 4-2

(2) Standards for the installation and management of unmanned traffic enforcement equipment and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 3, 2023>

(3) Article 3 (4) through (6) shall apply mutatis mutandis to the removal of unmanned traffic enforcement equipment or restoration to its original state, etc. In such cases, "traffic safety facilities" shall be construed as "unmanned traffic enforcement equipment." <Amended on Jun. 12, 2018; Jan. 3, 2023>

[This Article Wholly Amended on Jun. 8, 2011]

Article 5 (Obligations to Observe Signals and Instructions)

(1) Pedestrians who walk roads, drivers of motor vehicles or trams, and riders of horses that move along roads shall observe signals and instructions conveyed and given by traffic safety facilities and any of the following persons: <Amended on Jul. 24, 2015; Mar. 27, 2018; Dec. 22, 2020>

1. Police officers who direct traffic (including conscripted police officers; hereinafter the same shall apply) and the autonomous police officers of the Jeju Special Self-Governing Province (hereinafter referred to as "autonomous police officers");

2. Persons who assist police officers (including autonomous police officers,

Article 5

hereinafter the same shall apply) prescribed by Presidential Decree (hereinafter referred to as "police assistants").

(2) Where signals and instructions conveyed by traffic safety facilities referred to in paragraph (1) are different from those given by police officers or police assistants (hereinafter referred to as "police officers, etc.") who direct traffic, pedestrians who walk the road, drivers of motor vehicles or trams, and riders of horses that pass along the road shall follow such signals and directions given by police officers, etc. <Amended on Mar. 27, 2018; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 5-2 (Exemplary Drivers Association)

For the purposes of promoting mutual cooperation among exemplary drivers and performing efficient voluntary activities for traffic safety, the Exemplary Drivers Association may be established.

[This Article Newly Inserted on Mar. 21, 2012]

Article 5-3 (Assistance to Exemplary Drivers)

(1) The State may assist exemplary drivers with uniforms and equipment necessary for directing traffic, etc., within the budget, as prescribed by Presidential Decree.

(2) The State may subscribe to insurance to guarantee compensation for the

Article 5-2 ~ 5-3

injury or death of any exemplary driver caused in the course of directing traffic, etc.

(3) A local government may grant a subsidy necessary for services performed by the Exemplary Drivers Association established under Article 5-2, within the budget. <Newly Inserted on Jan. 27, 2016>

[This Article Newly Inserted on Mar. 21, 2012]

Article 6 (Prohibition against and Restrictions on Traffic)

(1) When deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, the commissioner of a City/Do police agency may prohibit or restrict the traffic of pedestrians, motor vehicles and horses, or trams by designating a section. In such cases, the commissioner of a City/Do police agency shall notify the road management agency in charge of the road on which the traffic of pedestrians, motor vehicles and horses, or trams is prohibited or restricted of such fact. <Amended on Mar. 27, 2018; Dec. 22, 2020>

(2) When deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, the chief of a police station may first prohibit or restrict the traffic of pedestrians, motor vehicles and horses, or trams, and then consult with the road manager about the objects and section subject to the prohibition or restrictions and the period during which the prohibition or restrictions are applied. <Amended on Mar. 27, 2018>

Article 6

(3) When the commissioner of a City/Do police agency or the chief of a police station intends to impose the prohibition or restrictions referred to in paragraph (1) or (2), he or she shall make a public announcement of the fact of his or her intentions, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

(4) When deemed necessary to urgently prevent any danger on the road because of damaged road, or outbreak of fire and other circumstances, police officers may temporarily prohibit or restrict the traffic of pedestrians, motor vehicles and horses, or trams within necessary limits. <Amended on Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

Article 7 (Measures to Relieve Traffic Congestion)

When the traffic build-up of pedestrians, motors vehicles and horses, or trams is evidently likely to cause traffic congestion, police officers may take measures necessary to relax such traffic congestion. <Amended on Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

Article 7-2 (Senior Driver Sign)

(1) The State or a local government may make and distribute a sign indicating a motor vehicle driven by a senior driver (hereinafter referred

Article 7 ~ 7-2

to as "senior driver sign") in order to ensure the safe driving of senior citizens and to prevent traffic accidents, as prescribed by Ordinance of the Ministry of the Interior and Safety.

(2) A senior driver may drive a motor vehicle with a senior driver sign attached to it so that other motor vehicle drivers can easily recognize it.

[This Article Newly Inserted on Jan. 3, 2023]

CHAPTER II WAYS FOR PEDESTRIANS TO WALK ON ROADS

Article 8 (Pedestrian Traffic)

(1) On a road that is divided into a sidewalk and a roadway, pedestrians shall always walk the sidewalk: Provided, That the same shall not apply to cases where pedestrians cross the roadway or such usage of a sidewalk is prohibited on the ground of any road work, etc. or other case of inevitability.

(2) On a road with a median lane, which is not divided into a sidewalk and a roadway (where the road is for one-way traffic, including a road divided by vehicle lines) pedestrians shall walk on the fringe of the road or on a roadside area. <Amended on Oct. 19, 2021>

(3) In any of the following places, pedestrians may walk on all parts of the

Article 8

road. In such cass, pdstrians shall not intntionally obstruct the flow of motor vehicles and horses. <Amended on Jan. 11, 2022>

1. Roads with no median lane (in cases of one-way traffic, limited to roads with no vehicle lines; hereinafter the same shall apply), from among roads not divided into a sidewalk and a roadway;

2. Pedestrian priority roads.

(4) In principle, pedestrians shall keep to the right on sidewalks. <Amended on Oct. 19, 2021>

[This Article Wholly Amended on Jun. 8, 2011]

Article 9 (Movement of Processions)

(1) Processions of students and other people or processions prescribed by Presidential Decree as being likely to impede pedestrian traffic (hereinafter referred to as "procession, etc.") may pass along the roadway, notwithstanding the main clause of Article 8 (1). In such cases, the procession, etc. shall pass along the right-hand side of the roadway.

(2) When marching along a street during any socially important event, a procession, etc. may pass along the center of the road.

(3) When deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, police officers

Article 9

may designate a section, order the procession, etc. to pass along the right-hand side of the road or the roadway (on a roadway with a bicycle track, this refers to the right-hand side of the roadway other than the bicycle track) in such section and take other necessary measures.

[This Article Wholly Amended on Jun. 8, 2011]

Article 10 (Crossing Roads)

(1) The commissioner of a City/Do police agency may open any crosswalk to ensure the safety of pedestrians crossing the road according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

(2) Pedestrians shall cross a crosswalk referred to in paragraph (1), underpass, overpass, and other road-crossing facilities installed in the road: Provided, That in cases of persons with physical disabilities unable to use road-crossing facilities, such as underpasses and overpasses, they may cross the road without using road-crossing facilities in a manner that crossing the road does not impede other traffic.

(3) Pedestrians shall cross the road by using the shortest distance, in which crosswalks referred to in paragraph (1) are not installed.

(4) No pedestrian shall cross the road just in front, or to the rear, of any motor vehicle or tram: Provided, That the same shall not apply where they cross the road over the crosswalk, or they cross

Article 10

the road according to signals or instructions sent or given by signal apparatuses or police officers, etc. <Amended on Mar. 27, 2018>

(5) No pedestrian shall cross the area of a road where crossing is prohibited by safety signals, etc.

[This Article Wholly Amended on Jun. 8, 2011]

Article 11 (Protection of Children)

(1) No caregiver of children shall allow any child in his or her care to play on a road where traffic movement is frequent, and no caregiver of infants (referring to children younger than six years old; hereinafter the same shall apply) shall allow any infant in his or her care to walk alone on the road where the traffic movement is frequent. <Amended on Dec. 30, 2014>

(2) A caregiver of a blind person (including persons corresponding thereto; hereinafter the same shall apply) shall make the blind person carry a white cane when he or she walks on the road or be accompanied by a dog prescribed by Ordinance of the Ministry of the Interior and Safety as a guide (hereinafter referred to as "guide dog for persons with disabilities"), or shall take other necessary measures. <Amended on Mar. 23, 2013; Nov. 19, 2014; Aug. 11, 2015; Jul. 26, 2017>

(3) When a child rides a bicycle on the road or rides a dangerous mobile play apparatus prescribed by Ordinance of the Ministry of the Interior and Safety, a caregiver of the child shall make the child

Article 11

wear life protection outfits prescribed by Ordinance of the Ministry of the Interior and Safety in order to ensure his or her safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(4) No guardian of a child shall let the child to drive a personal mobility device on the road. <Newly Inserted on Jun. 9, 2020>

(5) Where a person with physical disability requests for help or where such person is deemed in need of help in walking on or crossing the road, police officers shall take measures necessary to ensure their safe passage along the road or their safe thoroughfare. <Amended on Jun. 9, 2020>

(6) When police officers find any of the following persons, they shall take appropriate measures to ensure such person's safety: <Amended on Dec. 30, 2014; Aug. 11, 2015; Jun. 9, 2020>

1. A child playing on a road on which traffic movement is frequent;

2. An infant walking on the road without their caregivers;

3. A blind person walking without necessary measures, such as holding a white cane or being accompanied by a guide dog for persons with disabilities;

4. A senior citizen (referring to persons aged 65 years or older; hereinafter

Article 11

the same shall apply) who finds it difficult to walk on the crosswalk or the road on which traffic movement is frequent.

[This Article Wholly Amended on Jun. 8, 2011]

Article 12 (Designation and Management of Protection Areas for Children)

(1) When deemed necessary to protect children from the danger of traffic accidents, a Mayor, etc. may restrict the driving speed of motor vehicles, etc. and trams to not more than 30 kilometers an hour after designating certain sections as protection areas for children among roads around any of the following establishments or places: <Amended on Mar. 23, 2013; Jan. 28, 2014; Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017; Mar. 27, 2018; Oct. 19, 2021>

1. Kindergartens provided for in Article 2 of the Early Childhood Education Act, elementary schools or special schools provided for in Articles 38 and 55 of the Elementary and Secondary Education Act;

2. Childcare centers designated by Ordinance of the Ministry of the Interior and Safety, among those provided for in Article 10 of the Infant Care Act;

3. Private teaching institutes prescribed by Ordinance of the Ministry of the Interior and Safety, among those defined in Article 2 of the Act on the Establishment and Operation of Private

Article 12

Teaching Institutes and Extracurricular Lessons;

4. Schools which have the course of study of a kindergarten or an elementary school, among foreigners' schools or alternative schools provided for in Article 60-2 or 60-3 of the Elementary and Secondary Education Act, international schools provided for in Article 223 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and foreign educational institutions defined in subparagraph 2 of Article 2 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City;

5. Other establishments or places frequently visited by children and determined by ordinance of the relevant local government.

(2) Matters necessary for procedures, standards, etc. for designating protection areas for children referred to in paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of Education, the Ministry of the Interior and Safety, and the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) While passing through the road in protection areas for children, drivers of motor vehicles or trams and riders of horses shall observe measures referred to in paragraph (1) and shall pay attention to the safety of children. <Amended on Mar. 27, 2018>

Article 12

(4) The commissioner of a City/Do police agency, the chief of a police station, or a Mayor, etc. shall install unmanned traffic enforcement equipment referred to in Article 4-2 preferentially at a place prescribed by Ordinance of the Ministry of the Interior and Safety among the roads in protection areas for children to control acts, etc., in violation of paragraph (3). <Newly Inserted on Dec. 24, 2019; Dec. 22, 2020>

(5) A Mayor, etc. shall install the following facilities or equipment preferentially in protection areas for children designated pursuant to paragraph (1), or request the competent road management authorities to install the relevant facilities or equipment: <Newly Inserted on Dec. 24, 2019>

1. Signal apparatus for a crosswalk on an arterial road which is at the nearest distance to the main entrance of a facility designated as a protection area for children;

2. Speed restriction signs and crosswalk safety signs;

3. Facilities for preventing over-speeding or slipping of motor vehicles and horses, among road appurtenances under subparagraph 2 of Article 2 of the Road Act;

4. Other facilities or equipment prescribed by Joint Ordinance of the Ministry of Education, the Ministry of the Interior and Safety, and the Ministry of Land, Infrastructure and Transport.

Article 12

[This Article Wholly Amended on Jun. 8, 2011]

Article 12-2 (Designation and Management of Protection Areas for Senior Citizens and Persons with Disabilities)

(1) When a Mayor, etc. deems it necessary to protect senior citizens or persons with disabilities from the danger of traffic accidents, he or she may take necessary measures, such as restricting or prohibiting the traffic of motor vehicles, horses, and trams by designating a certain section of the road around facilities or places referred to in subparagraphs 1 through 3 and 3-2 as a protection area for senior citizens, and a certain section of the road around facilities referred to in subparagraph 4 as a protection area for persons with disabilities, respectively: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 27, 2018; Oct. 19, 2021; Jan. 3, 2023>

1. Welfare facilities for senior citizens under Article 31 of the Welfare of Senior Citizens Act;

2. Natural parks defined in subparagraph 1 of Article 2 of the Natural Parks Act or urban parks defined in subparagraph 3 of Article 2 of the Act on Urban Parks and Greenbelts;

3. Living sports facilities specified in Article 6 of the Installation and Utilization of Sports Facilities Act;

Article 12-2

3-2. Other facilities or places frequented by senior citizens, as prescribed by ordinance of the relevant local government;

4. Welfare facilities for persons with disabilities under Article 58 of the Act on Welfare of Persons with Disabilities.

(2) Matters necessary for procedures, standards, etc. for designating protection areas for senior citizens or persons with disabilities referred to in paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of the Interior and Safety, the Ministry of Health and Welfare, and the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) Drivers of motor vehicles or trams and riders of horses shall abide by the measures referred to in paragraph (1) in protection areas for senior citizens or persons with disabilities and drive their motor vehicles or trams and ride their horses while paying attention to the safety of senior citizens or persons with disabilities. <Amended on Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

Article 12-3 (Establishment and Operation of Integrated Management System for Protection Areas)

(1) The Commissioner

Article 12-3

General of the Korean National Police Agency shall establish and operate an integrated management system for protection areas in order to collect, manage, and disclose information on protection areas for children under Article 12 and protection areas for senior citizens and persons with disabilities under Article 12-2.

(2) The Commissioner General of the Korean National Police Agency may request the Mayor, etc. to provide information necessary for operating the integrated management system for protection areas established pursuant to paragraph (1), and upon receipt of such request, the Mayor, etc. shall comply therewith unless there is good cause.

(3) Matters necessary for the establishment and operation of the integrated management system for protection areas, request for information, etc. under paragraphs (1) and (2) shall be prescribed by Joint Ordinance of the Ministry of Education, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, and the Ministry of Land, Infrastructure and Transport.

[This Article Newly Inserted on Jan. 3, 2023]

CHAPTER III WAYS FOR MOTOR VEHICLES AND HORSES TO PASS THROUGH ROADWAYS

Article 13 (Motor Vehicle and Horse Traffic)

(1) Drivers of

Article 13

motor vehicles and riders of horses shall travel along the roadway on the roads divided by a sidewalk and a roadway: Provided, That when they drive motor vehicles or ride horses into or out of any place, other than a road, they may cross the sidewalk.

(2) In cases falling under the proviso of paragraph (1), drivers of motor vehicles and riders of horses shall cross the sidewalk in a manner that does not impede pedestrian traffic after stopping temporarily to look out the part, etc. to the left and right side of the sidewalk immediately before crossing such sidewalk.

(3) Drivers of motor vehicles and riders of horses shall travel along the part of the road (referring to the roadway where the road is divided into a sidewalk and a roadway) that is to the right of the center line (referring to the median lane where a median lane is marked; hereinafter the same shall apply) of the road.

(4) Notwithstanding paragraph (3), drivers of motor vehicles and riders of horses may pass along the center or the left-hand side of the road in any of the following cases: <Amended on Dec. 22, 2020>

1. Where the road is for one-way traffic;

2. Where it is impracticable for motor vehicles and horses to pass along the right-hand side of the road due to damage to the road, road construction, or other impediments;

Article 13

3. Where it is intended to overtake other motor vehicles driving ahead of it on a road, the width of the right-hand side of which does not exceed six meters: Provided, That the same shall not apply to any of the following cases:

(a) Where it is impracticable to check the right-hand side of the road;

(b) Where it is likely to impede the traffic approaching from the opposite direction;

4. Where the width of the right-hand side of the road is not wide enough for the traffic of motor vehicles and horses;

5. Where the commissioner of a City/Do police agency finds it necessary to designate any section and traffic methods in order to prevent danger to traffic at the curve of a steeply sloping road and that motor vehicles and horses pass along according to such designation.

(5) Neither drivers of motor vehicles nor riders of horses shall pass into any safety area, etc. access to which is prohibited by safety

Article 13

signs.

(6) No riders of horses or vehicles (excluding bicycles, etc.) shall pass along the bike lane or the roadside except places where thoroughfare is permitted with a safety sign: Provided, That the same shall not apply to bicycle priority lanes specified in subparagraph 4 of Article 3 of the Promotion of the Use of Bicycles Act. <Amended on Jan. 28, 2014; Jun. 9, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 13-2 (Special Cases on Passing Methods of Bicycles)

(1) Any rider of a bicycle, etc. shall pass along a bike lane at a place where a separate bike lane exists (including an exclusive road constructed for only bicycles to go through pursuant to Article 15 (1); hereafter in this Article, the same shall apply). <Amended on Jun. 9, 2020>

(2) Any rider of a bicycle, etc. shall pass along close to the right side of the road at a place where no bike lane is constructed. <Amended on Jun. 9, 2020>

(3) Any rider of a bicycle, etc. may pass along a roadside (excluding a section where thoroughfare for bicycles is prohibited with a safety sign). In such cases, when bicycle riding obstructs passage of pedestrians, each bicycle rider shall pass through slowly or stop for a while. <Amended on Jun. 9, 2020>

(4) Notwithstanding

Article 13-2

paragraph (1) and Article 13 (1), any rider of a bicycle, etc. may pass along the sidewalk in any of the following cases. In such cases, he or she shall go slowly from the center of the sidewalk to the roadside or a place designated with a safety sign, and when bicycle riding obstructs passage of pedestrians, he or she shall stop for a while: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 27, 2018; Jun. 9, 2020>

1. Where a child, order person, or physically challenged person prescribed by Ordinance of the Ministry of the Interior and Safety rides a bicycle: Provided, That where such person rides an electronic bicycle under subparagraph 1-2 of Article 2 of the Promotion of the Use of Bicycles Act without turning off the motor of the electronic bicycle shall be excluded herefrom;

2. Where thoroughfare for bicycles, etc. is permitted with a safety sign;

3. Where a bicycle is unable to pass through a road owing to the destruction of the road, road improvement, or other obstacles, etc.

(5) Two or more riders of bicycles, etc. may not pass a roadway side by side, except where such passage is permitted with safety signs. <Amended on Jun. 9, 2020>

(6) When a rider of a bicycle, etc. intends to cross the road at a crosswalk, he or she shall get off his or her bicycle and walk or carry

Article 13-2

his or her bicycle. <Amended on Jun. 9, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Jun. 9, 2020]

Article 14 (Marking of Lanes)

(1) When deemed necessary to ensure smooth flow of traffic of motor vehicles and horses, the commissioner of a City/Do police agency may mark a lane prescribed by Ordinance of the Ministry of the Interior and Safety on a road. In such cases, the commissioner of a City/Do police agency may mark up a reversible lane with signal apparatus to indicate the direction of traffic on any road in which the traffic volume of both directions varies greatly according to time, in order to optimize the number of lanes available for the direction with the greatest traffic volume. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

(2) Except as otherwise provided in this Act or orders issued under this Act, drivers of motor vehicles and riders of horses shall pass along the lane marked on a road: Provided, That when the commissioner of a City/Do police agency designates the means for traffic otherwise, drivers of motor vehicles and riders of horse shall pass through the lane according to such means. <Amended on Dec. 22, 2020>

(3) Where it is intended to travel along a road in which the lane is marked and the width of any motor vehicle is wider than that of a

Article 14

lane prescribed by Ordinance of the Ministry of the Interior and Safety, which is likely to impede safe and smooth flow of traffic, the driver of such motor vehicle shall be prohibited from traveling along such road: Provided, That the same shall not apply where the driver of any motor vehicle obtains permission therefor from the chief of the police station having jurisdiction over the place of his or her departure, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(4) Where a motor vehicle for which permission under the proviso of paragraph (3) is to be obtained corresponds to a motor vehicle required to obtain an operation permit under the proviso of Article 77 (1) of the Road Act, the chief of the relevant police station shall have a prior consultation with the road management agency of the relevant road which the motor vehicle intends to travel along, as prescribed by Presidential Decree, and the motor vehicle which has obtained the permit from the chief of the police station following such consultation shall be deemed to have received the operation permit under the proviso of Article 77 (1) of the Road Act. <Newly Inserted on Dec. 30, 2014>

(5) Drivers of motor vehicles and riders of horses shall be prohibited from shifting their routes on the road in which any shift in route is especially prohibited by safety signs: Provided, That the same shall not apply where obstacles exist due to any damaged road or any road works, etc. <Amended on Dec. 30, 2014>

Article 14

[This Article Wholly Amended on Jun. 8, 2011]

Article 15 (Marking Exclusive Lanes)

(1) When specifically necessary to ensure smooth flow of traffic, a Mayor, etc. may mark exclusive lanes (referring to lanes on which only motor vehicles designated by type and the number of persons on board may run; hereinafter the same shall apply) on the road after consulting with the commissioner of a City/Do police agency or the chief of a police station with regard thereto. <Amended on Dec. 22, 2020>

(2) Matters necessary for kinds of exclusive lanes, motor vehicles permitted to travel along exclusive lanes, and the operation of exclusive lanes shall be prescribed by Presidential Decree.

(3) Any motor vehicle that is not a motor vehicle permitted to travel along an exclusive lane pursuant to paragraph (2) shall be prohibited from traveling along such exclusive lanes: Provided, That the same shall apply where any emergency motor vehicle travels along the exclusive lane for emergency purposes and other cases prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 15-2 (Installation of Bicycle Crosscut)

(1) The commissioner of a City/Do police agency may install bicycle crosscuts for the safety of bicycle riders crossing the road according

Article 15 ~ 15-2

to the standards prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

(2) When a rider of a bicycle, etc. intends to cross the road where a separate bicycle crosscut exists riding on a bicycle, etc., he or she shall use a bicycle crosscut. <Amended on Jun. 9, 2020>

(3) When a bicycle, etc. passes through a bicycle crosscut, riders of horses and vehicles shall stop in front of such bicycle crosscut (at a place where a stop line is installed, referring to the stop line) for a while lest they should obstruct or endanger bicycle crossing. <Amended on Jun. 9, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 16 (Construction of Tram Roads)

(1) Where a Mayor, etc. intends to construct tramway tracks or tram lanes in order to ensure the smooth flow of traffic, he or she shall consult with the commissioner of the competent City/Do police agency about the following matters before obtaining approval of an urban railroad business plan pursuant to Article 7 (1) of the Urban Railroad Act. The same shall also apply where he or she intends to revise such plan: <Amended on Dec. 22, 2020>

1. Methods of installing trams, and sections in which trams are installed;

Article 16

2. Installation of traffic safety facilities in tram roads;

3. Other matters concerning the management of tram roads.

(2) Drivers of trams shall pass along tramway tracks or tram lanes under paragraph (1), and drivers of motor vehicles and riders of horses shall not pass along tramway tracks or tram lanes except in the following cases:

1. Where they traverse a tramway site to make a left- or right-hand turn, crossing, or U-turn;

2. Where it is unavoidable to enter into tramway tracks or tram lanes for the repair of roads, traffic safety facilities, road appurtenances, etc.;

3. Where an emergency motor vehicle moves along tram lanes for its original emergency purposes.

[This Article Newly Inserted on Mar. 27, 2018]

Article 17 (Speed of Motor Vehicles and Trams)

(1) The speed of motor vehicles, etc. (excluding personal mobility devices; hereafter in this Article, the same shall apply) and trams on the road shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 27, 2018; Jun. 9, 2020>

(2) When deemed necessary

Article 17

to prevent danger and ensure safe and smooth flow of traffic on the road, the Commissioner General of the Korean National Police Agency or the commissioner of a City/Do police agency may designate zones or sections in which the speed referred to in paragraph (1) is restricted, according to the following classification: <Amended on Dec. 22, 2020>

1. The Commissioner General of the Korean National Police Agency: Expressway;

2. The commissioner of a City/Do police agency: Road other than expressway.

(3) Drivers of motor vehicles, etc. and trams shall be prohibited from driving motor vehicles, etc. and trams at a speed above the maximum speed limit or at a speed below the minimum speed limit referred to in paragraphs (1) and (2): Provided, That the same shall not apply where the driver of any motor vehicle, etc. or tram drives the motor vehicle, etc. or tram at a speed below the minimum speed limit on the grounds of traffic congestion and inevitability. <Amended on Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Mar. 27, 2018]

Article 18 (Prohibition on Road Crossing)

(1) When it is likely to impede the normal flow of traffic of pedestrians,

Article 18

other motor vehicles and horses, drivers of motor vehicles and riders of horses shall be prohibited from crossing the road, making a U-turn, or moving backward.

(2) When deemed specifically necessary to prevent danger and ensure safe and smooth flow of traffic on the road, the commissioner of a City/Do police agency may designate any section of the road where it is prohibited for motor vehicles and horses to cross the road, to make a U-turn, or to move backward. <Amended on Dec. 22, 2020>

(3) When drivers of motor vehicles and riders of horses intend to enter the road from buildings, parking lots, etc., they shall first stop their motor vehicles and horses, confirm the safety of such actions and proceed slowly driving the motor vehicles and riding horses.

[This Article Wholly Amended on Jun. 8, 2011]

Article 19 (Maintaining of Safe Distance)

(1) When a motor vehicle is traveling behind any other motor vehicle traveling in the same direction, a driver of any motor vehicle shall maintain a distance necessary to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly.

(2) A driver of a motor vehicle, etc. shall take care of a rider of a bicycle, etc. going in the same direction and shall assure a necessary distance to avoid collision with such bicycle, etc. when he or she passes by it. <Amended on Aug. 11, 2015; Jun.

Article 19

9, 2020>

(3) No driver of any motor vehicle shall change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he or she intends to change his or her route.

(4) No driver of any motor vehicle shall apply the brake in order to abruptly stop the motor vehicle or reduce the speed of the motor vehicle, except where he or she intends to prevent any danger and on the grounds of inevitability.

[This Article Wholly Amended on Jun. 8, 2011]

Article 20 (Obligations to Yield Routes)

(1) Where he or she intends to drive at a speed slower than that of a motor vehicle behind, any driver of every motor vehicle (excluding emergency motor vehicles) shall yield the way for the motor vehicle behind by driving his or her motor vehicle along the right side of the road.

(2) When motor vehicles other than an emergency motor vehicle go through opposite to each other on a narrow road, a motor vehicle according to the classification referred to in the following subparagraphs shall yield the way by getting out of the way to the right side of the road:

1. Where motor vehicles go through opposite to each other on the sloping narrow road, a motor vehicle going up;

2. Where a motor

Article 20

vehicle carrying a person loading goods and an empty motor vehicle without carrying a person or goods go through opposite to each other on a narrow road other than a sloping narrow road, an empty motor vehicle.

[This Article Wholly Amended on Jun. 8, 2011]

Article 21 (Means of Overtaking)

(1) When a driver of any motor vehicle intends to overtake another motor vehicle, he or she shall drive on the left-hand side of the other motor vehicle.

(2) When a rider of a bicycle, etc. intends to pass ahead of a motor vehicle which drives slowly or stops, he or she may go through the right side of the motor vehicle ahead, notwithstanding paragraph (1). In such cases, he or she shall go slowly or stop for a while in consideration of the safety of a person getting in or getting out of the motor vehicle stopped. <Amended on Jun. 9, 2020>

(3) In cases of paragraphs (1) and (2), the driver of any motor vehicle intending to overtake another motor vehicle shall pay due attention to the traffic of the opposite direction and the traffic in front of the motor vehicle traveling ahead, and shall overtake the other motor vehicle traveling ahead at a safe speed and in a safe manner such as using the direction indicators, lights or horn, considering the speed and route of the motor vehicle traveling ahead and the road conditions.

Article 21

(4) When another motor vehicle is attempting to overtake that motor vehicle in the manner provided for in paragraphs (1) through (3) or Article 60 (2), the driver of any motor vehicle shall not impede the other motor vehicle trying to overtake the motor vehicle by competing with the other motor vehicle by driving at a higher speed or blocking the other motor vehicle trying to overtake the motor vehicle in front of it.

[This Article Wholly Amended on Jun. 8, 2011]

Article 22 (Timing and Place of Prohibition on Overtaking)

(1) The driver of any motor vehicle shall be prohibited from passing another motor vehicle running ahead of it in any of the following cases:

1. Where another motor vehicle is traveling along on the left-hand side of the motor vehicle running ahead of it;

2. Where the motor vehicle running ahead is passing another motor vehicle or intends to pass another motor vehicle.

(2) The driver of any motor vehicle shall be prohibited from overtaking another any of the following motor vehicles:

1. Motor vehicle that stops or travels slowly in accordance with this Act or any order issued under this Act;

2. Motor vehicle that stops or travels slowly in accordance with instructions given by police officers;

Article 22

3. Motor vehicle that stops or travels slowly in order to prevent danger.

(3) The driver of any motor vehicle shall be prohibited from passing another motor vehicle running ahead of it at any of the following: <Amended on Dec. 22, 2020>

1. An intersection;

2. Inside any tunnel;

3. The surface of any bridge;

4. The curve of a road, the area near summit of a sloping road, or the decline of a steeply sloping road, etc. that are recognized by the commissioner of a City/Do police agency as being necessary to prevent danger on the road and ensure safe and smooth flow of traffic, and are also designated by safety signs.

[This Article Wholly Amended on Jun. 8, 2011]

Article 23 (Prohibition on Cutting In)

The driver of any motor vehicle shall not change lanes in front of the motor vehicles falling under any subparagraph of Article 22 (2).

[This Article Wholly Amended on Jun. 8, 2011]

Article 24 (Passing Through Railroad Crossing)

Article 23 ~ 24

(1) When intending to pass through a railroad crossing (hereinafter referred to as "railroad crossing"), the driver of any motor vehicle or tram shall temporarily stop in front of the railroad crossing and then pass through the railroad crossing after confirming whether it is safe to cross: Provided, That the driver may cross the railroad crossing according to signals conveyed by the signal apparatus, etc. without temporarily stopping in front of the railroad crossing. <Amended on Mar. 27, 2018>

(2) The driver of any motor vehicle or tram shall be prohibited from attempting to cross a railroad crossing when the crossing arm is lowered or is about to be lowered or the alarm system is sounding. <Amended on Mar. 27, 2018>

(3) When the driver of any motor vehicle or tram is unable to drive the motor vehicle or tram off the railroad crossing because of mechanical breakdown, etc. while passing through the railroad crossing, he or she shall request without delay the passengers to exit the motor vehicle or tram to a safe place and then notify railroad officials or police officers thereof by using the emergency signal apparatus, etc. or other available means. <Amended on Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

Article 25 (Means of Passing through Intersections)

(1) When intending to make a right-hand turn at an intersection, the driver of any motor vehicle shall turn to the right and slowly drive

Article 25

the motor hicle along the right-hand side of the road. In such cases, the motor vehicle driver turning to the right shall give attention to a pedestrian or a bicycle, etc. stopping or going according to a signal. <Amended on Jun. 9, 2020>

(2) When intending to make a left-hand turn at an intersection, the driver of any motor vehicle shall turn to the left by using the inside of the center of the intersection while driving the motor vehicle through the median lane of the road: Provided, That in places recognized as being especially necessary by the commissioner of a City/Do police agency, taking into account the traffic conditions of the intersection, the driver of any motor vehicle may pass through the intersection along the outside of the center thereof. <Amended on Dec. 22, 2020>

(3) Notwithstanding paragraph (2), when a rider of a bicycle, etc. intends to turn to the left, he or she shall go slowly by the right side of the road in advance and turn to the left at the edge of a crossroad. <Amended on Jun. 9, 2020>

(4) Where the driver of any motor vehicle sends a signal by using the hand, direction indicators, or lights in order to make a right- or left-hand turn pursuant to paragraphs (1) through (3), the driver of any motor vehicle following the motor vehicle sending the signal shall not impede the passage of the latter.

(5) When intending to drive a motor vehicle or tram into the intersection in

Article 25

which traffic is cotrolled by sigal apparatus, o driver of any motor vehicle or tram shall drive the motor vehicle or tram into the intersection where the situation of another motor vehicle or tram in front in his or her direction makes him or her stop his or her motor vehicle or tram in the intersection (where a stoppage line is marked, referring to the area of such stoppage line that is crossed) and it is likely to impede traffic of other motor vehicles or trams. <Amended on Mar. 27, 2018>

(6) When intending to drive a motor vehicle into the intersection where traffic is not controlled, but safety signs indicating a temporary stop or yield are functioning, the driver of any motor vehicle shall temporarily stop or yield the right of way in order not to impede the traffic flow of other motor vehicles.

[This Article Wholly Amended on Jun. 8, 2011]

Article 25-2 (Means of Passing through Roundabouts)

(1) The driver of any motor vehicle shall drive in a counterclockwise direction at a roundabout.

(2) The driver of any motor vehicle shall, when he or she intends to enter a roundabout, drive slowly or temporarily stop, and when another motor vehicle is already on it, give way to the motor vehicle.

(3) Where the driver of any motor vehicle sends hand signals, direction indicator signals, or lights to make a right- or left-hand turn pursuant

Article 25-2

to paragraphs (1) and (2) to pass through a roundabout, the driver of any motor vehicle following the motor vehicle sending the signal shall not impede the passage of the latter.

[This Article Newly Inserted on Jan. 11, 2022]

Article 26 (Yield Driving at Intersection Where Traffic Is Not Controlled)

(1) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when the motor vehicle is already traveling through the intersection.

(2) Where the width of the intersection is wider than that of the road on which the motor vehicle is running, the driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall drive the motor vehicle slowly, and when another motor vehicle is trying to enter the intersection from a road, the width of which is wider than that of the intersection, shall yield the right of way the other motor vehicle.

(3) A motor vehicle driver intending to enter an intersection at the same time where no traffic control is made shall yield the right of way to a motor vehicle on the right side of the road.

(4) The driver

Article 26

of any motor vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall yield the right of way to any other motor vehicle, when any other motor vehicle intends to proceed straight through or make a right-hand.

[This Article Wholly Amended on Jun. 8, 2011]

Article 27 (Protection of Pedestrians)

(1) When pedestrians (including a rider of a bicycle, etc. who gets off a bicycle, etc. and walks or carries the bicycle, etc. pursuant to Article 13-2 (6)) are passing along a crosswalk or are about to do so, the driver of any motor vehicle or tram shall temporarily stop in front of the crosswalk (if a stop line is marked on the crosswalk, referring to the stop line) so as not to impede their passage or endanger them. <Amended on Mar. 27, 2018; Jun. 9, 2020; Jan. 11, 2022>

(2) No driver of any motor vehicle or tram shall impede the traffic of pedestrians crossing the road according to the signal apparatus or the signals or instructions given by police officers, etc. where the driver intends to make a left- or right-hand turn at the intersection where traffic is controlled. <Amended on Mar. 27, 2018>

(3) No driver of any motor vehicle shall impede the traffic of pedestrians crossing the intersection or the road in the vicinity of the intersection where traffic is not controlled.

(4) The driver of any motor vehicle shall drive the motor vehicle slowly while

Article 27

maintaining a safe distance where pedestrians are passing through a safety zone that is set up on the road and his or her motor vehicle passes by pedestrians on a narrow road on which the lane for motor vehicles is not drawn.

(5) When pedestrians are crossing the road on which a crosswalk is not opened pursuant to Article 10 (3), the driver of any motor vehicle or tram shall temporarily stop the motor vehicle or tram while maintaining a safe distance in order for pedestrians to safely cross the road. <Amended on Mar. 27, 2018>

(6) When any motor vehicle passes a pedestrian in any of the following places, the driver of the motor vehicle shall drive slowly while keeping a safe distance from pedestrians and when it hinders their passage, it shall move slowly or temporarily stop to ensure their safe passage: <Amended on Jan. 11, 2022>

1. Roads with no median lane, which separates sidewalks from roadways;

2. Pedestrian priority roads;

3. Places other than roads.

(7) The driver of any motor vehicle or tram shall temporarily stop at a crosswalk, on which signal apparatus is not installed (referring to the stop line, where a stop line is installed) within a protection area for children under Article 12 (1), regardless

Article 27

of whether pedestrians are croing the road. <Newly Inserted on Jan. 11, 2022>

[This Article Wholly Amended on Jun. 8, 2011]

Article 28 (Opening Exclusive Roads for Pedestrians)

(1) When specifically necessary to protect the traffic of pedestrians, the commissioner of a City/Do police agency or the chief of a police station may open an exclusive road for pedestrians on the road. <Amended on Dec. 22, 2020>

(2) Drivers of motor vehicles or trams and riders of horses shall be prohibited from passing through exclusive roads for pedestrians referred to in paragraph (1): Provided, That when deemed specifically necessary, the commissioner of a City/Do police agency or the chief of a police station may permit drivers of motor vehicles and riders of horses to pass through an exclusive road for pedestrians. <Amended on Mar. 27, 2018; Dec. 22, 2020>

(3) Drivers of motor vehicles and riders of horses permitted to pass through an exclusive road for pedestrians pursuant to the proviso of paragraph (2) shall drive their motor vehicles and ride their horses at the walking speed of pedestrians or temporarily stop so as not to endanger pedestrians or impede the traffic of pedestrians.

[This Article Wholly Amended on Jun. 8, 2011]

Article 28-2 (Pedestrian Priority Roads)

Article 28 ~ 28-2

Where deemed necessary to protect pedestrians on pedestrian priority roads, the Commissioner of a relevant City/Do police agency or the chief of a relevant police station may restrict the speed of motor vehicles and horses to less than 20 kilometers per hour.

[This Article Newly Inserted on Jan. 11, 2022]

Article 29 (Priority Traffic of Emergency Motor Vehicles)

(1) Any emergency motor vehicle may pass through the center or the left-hand side of the road where there is any urgent or unavoidable cause, notwithstanding Article 13 (3).

(2) No emergency motor vehicle may stop where there is any urgent or unavoidable cause, even where it is required to stop pursuant to this Act or any order issued under this Act.

(3) In cases falling under paragraph (1) or (2), the driver of any emergency motor vehicle shall drive the emergency motor vehicle while paying particular attention to the safety of traffic.

(4) When any emergency motor vehicle is approaching the intersection or in the vicinity of the intersection, drivers of motor vehicles and trams, and riders of horses shall pull away from the intersection to temporarily stop. <Amended on Mar. 27, 2018>

(5) When any emergency motor vehicle is approaching a place, other than that

Article 29

referred o in paragraph (4), he drivers of all moor vehicles and trams shall yield the right of way to the emergency motor vehicle. <Amended on Dec. 2, 2016; Mar. 27, 2018>

(6) No driver of any motor vehicle specified under subparagraph 22 of Article 2 shall flicker a warning light or sound a siren installed pursuant to the Motor Vehicle Management Act, unless the relevant motor vehicle is operated for emergency purposes of its own: Provided, That this shall not apply where it conducts patrol, training, etc. for preventing crimes, fire, etc., as prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016>

[This Article Wholly Amended on Jun. 8, 2011]

Article 30 (Special Case on Emergency Motor Vehicles)

Any of the following matters shall not apply to emergency motor vehicles: Provided, That the provisions of subparagraphs 4 through 12 shall not apply only to motor vehicles falling under subparagraph 22 (a) through (c) of Article 2 and to police motor vehicles prescribed by Presidential Decree, among emergency motor vehicles: <Amended on Jan. 12, 2021>

1. Restrictions on the speed of motor vehicles provided for in Article 17: Provided, That where the speed of emergency motor vehicles is restricted on emergency motor vehicles under Article 17, the provisions of that Article shall apply to them;

2. Prohibition on

Article 30

the act of overtaking any other motor vehicle provided for in Article 22;

3. Prohibition on the act of cutting in front of other motor vehicles provided for in Article 23;

4. Violation of traffic signals under Article 5;

5. Infringement upon any sidewalk under Article 13 (1);

6. Driving over the median lane under Article 13 (3);

7. Prohibition against crossing a road, etc. under Article 18;

8. Maintaining a safe distance under Article 19;

9. Methods of overtaking under Article 21 (1);

10. Prohibition on stopping and parking under Article 32;

11. Prohibition on parking under Article 33;

12. Measures taken in cases of breakdown, etc. under Article 66.

[This Article Wholly Amended on Jun. 8, 2011]

Article 31 (Places for Motor Vehicles to Travel Slowly or Temporarily Stop)

Article 31

(1) The driver of any motor vehicle or tram shall slowly drive the motor vehicle or tram in any of the following places: <Amended on Mar. 27, 2018; Dec. 22, 2020>

1. An intersection where traffic is not controlled;

2. At the vicinity of a bend in the road;

3. At the vicinity of the summit of a sloping road;

4. The decline of a steeply sloping road;

5. A place designated by safety signs by the commissioners of City/Do police agencies after recognizing such place as being necessary to prevent danger on the road and ensure safe and smooth flow of traffic.

(2) The driver of any motor vehicle or tram shall temporarily stop in any of the following places: <Amended on Mar. 27, 2018; Dec. 22, 2020>

1. An intersection where traffic is not controlled, it is impossible to view the left and the right, or the traffic is heavy;

2. A place designated by safety signs by the commissioners of City/Do police agencies after recognizing such place as being necessary to prevent danger on the road and ensure safe and smooth flow of traffic.

Article 31

[This Article Wholly Amended on Jun. 8, 2011]

Article 32 (Prohibition on Stopping and Parking Motor Vehicles)

Each driver of a motor vehicle shall be prohibited from stopping or parking a motor vehicle in any of the following places: Provided, That the same shall not apply where the driver of a motor vehicle temporarily stops his or her motor vehicle to comply with this Act, any order issued under this Act, or instructions given by police officers, and to prevent danger: <Amended on Feb. 9, 2018; Oct. 20, 2020; Dec. 22, 2020; Nov. 30, 2021>

1. An intersection, crosswalk, road crossing, or the sidewalk of a road divided into a sidewalk and a roadway (excluding any road parking area established across both a roadway and sidewalk);

2. A place located within five meters from the edge of an intersection or the corner of a road;

3. A place located within 10 meters from any side of a safety zone on a road marked with a safety zone;

4. A place located within 10 meters from where any pillar, board, or line indicating a bus stop is located or marked: Provided, That the same shall not apply where any bus driver stops or parks a bus in order for passengers to board or alight from the bus at any bus stop located along the service route during service hours;

Article 32

5. A place located within 10 meters from the edge of a road crossing or crosswalk;

6. A place located within five meters from any of the following:

(a) A place in which a fire extinguishing water supply system or emergency firefighting equipment is installed pursuant to Article 10 of the Framework Act on Firefighting Services;

(b) A place in which the firefighting systems under Article 2 (1) 1 of the Act on Installation and Maintenance of Firefighting Systems, are installed, which are prescribed by Presidential Decree;

7. A place designated by the commissioners of City/Do police agencies as being necessary to prevent danger on the road and ensure the safety and the smooth flow of traffic of the road;

8. A protection area for children designated by a Mayor, etc. under Article 12 (1).

[This Article Wholly Amended on Jun. 8, 2011]

Article 33 (Places where Parking Motor Vehicles is Prohibited)

Each driver of a motor vehicle shall be prohibited from parking a motor vehicle in any of the following places: <Amended on Dec. 22,

Article 33

2020>

1. The inside of a tunnel and on a bridge;

2. A place located within five meters from any of the following:

(a) Where any road works are under way, both edges of the working area;

(b) A place designated by the commissioner of a City/Do police agency at the request of the head of the competent fire headquarters, among buildings to which the place of business of any publicly used establishment under the Special Act on the Safety Control of Publicly Used Establishments belongs;

3. A place designated by the commissioner of a City/Do police agency as being necessary to prevent danger on the road and ensure safe and smooth flow of traffic.

[This Article Wholly Amended on Feb. 9, 2018]

Article 34 (Ways to Stop and Park Motor Vehicles and Restrictions on Timing)

When a driver of any motor vehicle intends to stop or park a motor vehicle on a road or road-side parking area, he or she shall stop the motor vehicle on the right-hand edge of the roadway and observe ways to stop and park the motor vehicle, the timing and

Article 34

prohibited matters, etc. prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 34-2 (Special Cases on Places where Stopping or Parking Is Prohibited)

(1) Notwithstanding subparagraphs 1, 4, 5, 7, and 8 of Article 32 or subparagraph 3 of Article 33, stopping or parking may be allowed in any of the following cases:

1. Where a bicycle is stopped or parked at a charging station for electronic bicycles or bicycle parking equipment among facilities for bicycle riding prescribed in subparagraph 2 of Article 2 of the Promotion of the Use of Bicycles Act;

2. Where the commissioner of a City/Do police agency permits the stopping or parking of bicycles, etc. with safety signs at the request of the Mayor, etc.

(2) Notwithstanding subparagraph 7 or 8 of Article 32 or subparagraph 3 of Article 33, stopping or parking may be allowed in a place where the commissioner of a City/Do police agency has permitted stopping or parking with safety signs specifying the zone, time, methods, and kinds of motor vehicles.

[This Article Wholly Amended on Jan. 12, 2021]

Article 34-3 (Ways to Stop and Park Motor Vehicles in Sloping Plac

Article 34-2 ~ 34-3

es)

When a driver of any motor vehicle intends to stop or park a motor vehicle in a sloping place (including cases of stopping or parking in sloping places other than roads), he or she shall take measures to prevent the occurrence of any slipping accident, such as installing wheel chocks or turning the steering system toward the edge of the road, as prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 27, 2018]

Article 35 (Measures against Violation of Motor Vehicle Parking)

(1) When a motor vehicle parked in violation of Article 32, 33, or 34 is likely to cause danger to traffic or impede the flow of traffic, any of the following persons may order the driver of the relevant motor vehicle or the person in charge of management to change the way in which such motor vehicle is parked or to relocate the parked motor vehicle to another place:

1. A police officer;

2. A public official (hereinafter referred to as "public official of a Si/Gun") appointed by a Mayor, etc. (including a Do Governor; hereafter in this Article, the same shall apply), as prescribed by Presidential Decree.

(2) In cases falling under paragraph (1), when the driver of a motor vehicle

Article 35

or th prson in charg of managmnt is absnt from th location, the chief of a police station or a Mayor, etc. may change the way in which the motor vehicle is parked in person or take measures necessary to change the way in which the motor vehicle is parked in order to prevent danger on the road and ensure safe and smooth flow of traffic within the necessary limit or relocate the motor vehicle to the competent police station, or a place designated by the chief of the competent police station or the competent Mayor, etc. where there is any unavoidable cause.

(3) Where a motor vehicle parked in violation of the manner of parking referred to in paragraph (2) is relocated to the competent police station, or a place designated by the chief of the competent police station or the competent Mayor, etc., the relevant chief of police station or the relevant Mayor, etc. shall keep the motor vehicle in custody with the duty of due care of a good manager's and notify without delay the user (referring to the owner or the person entrusted by the owner to manage the motor vehicle; hereinafter the same shall apply) or driver of the motor vehicle of such fact and take measures necessary to return the motor vehicle.

(4) In cases falling under paragraph (3), when it is impossible to identify the name and domicile of the user or driver of a motor vehicle, the relocation shall be publicly announced in a manner prescribed by Presidential Decree.

(5) Notwithstanding measures and public announcement necessary to return a motor vehicle pursuant to paragraphs (3) and (4), when the user

Article 35

or driver of the motor vehicle fails to request the return of the motor vehicle within one month from the date such measures or public announcement is made, the chief of the police station or the Mayor, etc. may sell or scrap the relevant motor vehicle, as prescribed by Presidential Decree.

(6) Expenses incurred by the relocation, custody, public announcement, sale or scrapping, etc. of a motor vehicle that violates the manner of parking under paragraphs (2) through (5) shall be borne by the user of the motor vehicle. In such cases, Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply to the collection of such expenses.

(7) Where a motor vehicle is sold or scrapped pursuant to paragraph (5), any balance that remains after appropriating expenses incurred in relocating, keeping, publicly announcing, selling, or scraping the motor vehicle shall be paid to the user of the motor vehicle: Provided, That where it is impossible to pay the balance to the user of the motor vehicle, the balance shall be deposited pursuant to the Deposit Act.

[This Article Wholly Amended on Jun. 8, 2011]

Article 36 (Towing and Keeping Motor Vehicles by Agent)

(1) The chief of a police station or a Mayor, etc. may fully or partially assign the work of towing, keeping, and returning motor vehicles towed pursuant to Article 35 to any corporation, organization, or individual (hereinafter referred to as "corporation, etc.") meeting the qualifications including human resources,

Article 36

faciliti and equipment necessary to perform such work on his or her behalf.

(2) The requirements of human resources, facilities, and equipment, etc. that must be met by any corporation, etc. that performs the work of towing, keeping, and returning motor vehicles by proxy pursuant to paragraph (1), and other matters concerning the performance of work by agent, shall be prescribed by Presidential Decree.

(3) Where the chief of a police station or a Mayor, etc. has the work of towing, keeping, and returning motor vehicles performed by agent under paragraph (1), he or she may place an order to take measures and conduct education, necessary to perform such work.

(4) The executive officers and employees in charge of any corporation, etc. towing, keeping, and returning motor vehicles by agent pursuant to paragraph (1) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.

[This Article Wholly Amended on Jun. 8, 2011]

Article 37 (Motor Vehicle and Tram Lights)

(1) The driver of any motor vehicle or tram shall keep its headlights, sidelights, taillights and other lights alight as prescribed by Presidential Decree in any of the following cases: <Amended on Mar. 27, 2018>

1. Where the driver

Article 37

stops or parks the motor vehicle or tram on the road due to breakdown or other inevitable reasons when he or she drives the motor vehicle or tram on the road at night (referring to the period from sunset to sunrise; hereinafter the same shall apply);

2. Where the driver stops or parks the motor vehicle or tram on the road due to breakdown or other inevitable reasons when it is foggy, rains or snows while driving the motor vehicle or tram on the road;

3. When the driver stops or parks the motor vehicle or tram on the road in a tunnel because he or she is driving through the tunnel or due to breakdown or other inevitable reasons.

(2) Where a motor vehicle or tram runs head on with any other motor vehicle or tram or travels just behind any other motor vehicle or tram ahead of it at night, the motor vehicle or tram driver shall take measures to reduce the brightness of its lights or temporarily turn off its lights as prescribed by Presidential Decree. <Amended on Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Mar. 27, 2018]

Article 38 (Signals of Motor Vehicles)

(1) When intending to turn to the right or the left, cross a road, make a U-turn, drive slowly, stop, go in reverse, change course while

Article 38

travling in th sam dirction, or ntr or lav a roundabout, the driver of any motor vehicle shall use hand signals, direction indicator signals, or lights until he or she completely finishes such acts. <Amended on Jan. 11, 2022>

(2) The timing for, and manner of conveying signals referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 39 (Methods of, and Restrictions on, Boarding or Loading)

(1) With regard to the number of passengers, loading weight, and loading capacity, the driver of any motor vehicle shall be prohibited from driving a motor vehicle with passengers or freight to be loaded in excess of the traffic safety standards prescribed by Presidential Decree: Provided, That the same shall not apply where permission therefor is obtained from the chief of a police station having jurisdiction over the place of departure.

(2) Article 14 (4) shall apply mutatis mutandis where a motor vehicle for which permission under the proviso of paragraph (1) is to be obtained corresponds to a motor vehicle required to obtain an operation permit under the proviso of Article 77 (1) of the Road Act. <Newly Inserted on Dec. 30, 2014>

(3) The driver of any motor vehicle or tram shall take measures necessary to correctly open and close the doors of the motor vehicle or tram

Article 39

in order to prevent passengers onboard, boarding, or alighting the motor vehicle or tram from falling out of the motor vehicle or tram while driving the motor vehicle or tram. <Amended on Dec. 30, 2014; Mar. 27, 2018>

(4) The driver of any motor vehicle shall take measures necessary to have loaded freight covered and fastened in order to prevent it from falling off while driving the motor vehicle. <Amended on Dec. 30, 2014>

(5) The driver of any motor vehicle shall be prohibited from driving the motor vehicle while holding an infant or animal in his or her arms or carrying articles in his or her seat that are likely to impede the safety of the motor vehicle. <Amended on Dec. 30, 2014>

(6) When deemed necessary to prevent danger on the road and ensure safe and smooth flow of traffic, the commissioner of a City/Do police agency may get drivers of motor vehicles to restrict the number of passengers onboard, the weight loaded, and the loading capacity. <Amended on Dec. 30, 2014; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 40 (Prohibition on Driving Motor Vehicles in Poor Repair)

The user, person in charge of maintenance, or driver of each motor vehicle shall be prohibited from allowing a person to drive or from driving any motor vehicle, the mechanisms of which are not maintained in compliance with the Motor Vehicle Management Act,

Article 40

the Construction Machinery Management A or orders issued under the said Acts (hereinafter referred to as "poorly repaired motor vehicle").

[This Article Wholly Amended on Jun. 8, 2011]

Article 41 (Checks of Vehicles in Poor Repair)

(1) When a motor vehicle deemed poorly repaired is traveling, police officers may first stop the motor vehicle and then request the driver of such motor vehicle to produce the motor vehicle registration certificate or the driver's license and check its mechanisms.

(2) When a motor vehicle is found to be poorly repaired as a result of the check referred to in paragraph (1), police officers may have the driver of the motor vehicle drive the motor vehicle after taking emergency measures according to the extent of its poor maintenance or have the driver continue to drive the motor vehicle after determining the section and the traffic route and laying down conditions necessary to prevent dangers, considering the condition of traffic.

(3) When the state of maintenance of a motor vehicle is extremely poor and the motor vehicle is likely to cause danger, the commissioner of a City/Do police agency may keep the motor vehicle registration certificate of the motor vehicle in custody and order the driver of the motor vehicle to temporarily stop, notwithstanding paragraph (2). In such cases, if deemed necessary, the commissioner of a City/Do police agency may set a period of maintenance by up to 10 days and order the suspension

Article 41

of the use of the motor vehicle during the period of maintenance. <Amended on Dec. 22, 2020>

(4) Matters necessary for the check of mechanisms and the suspension of use referred to in paragraphs (1) through (3) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 42 (Restrictions on Similar Signs and Prohibition on Driving Motor Vehicles)

(1) No one shall drive any motor vehicle, etc. (excluding personal mobility devices) similar to a motor vehicle used to patrol traffic, a motor vehicle used to investigate crimes or an emergency motor vehicle, make paintwork and markings that cause abhorrence or drive any motor vehicle, etc. marked with such paintwork, markings, etc. <Amended on Jun. 9, 2020>

(2) The scope of paintwork, markings, etc. that are restricted pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

CHAPTER IV OBLIGATIONS OF DRIVERS AND EMPLOYERS

Article 42

Article 43 (Prohibition on Driving Motor Vehicle without Driver's License)

A person who does not obtain his or her own driver's license from the commissioner of a City/Do police agency pursuant to Article 80 or a person who holds a driver's license, which is suspended, shall be prohibited from driving any motor vehicle, etc. <Amended on Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021>

[This Article Wholly Amended on Jun. 8, 2011]

Article 44 (Prohibition on Driving while Intoxicated)

(1) While intoxicated, no one shall drive any motor vehicle, etc. (including construction machinery, other than construction machinery provided for in the proviso of Article 26 (1) of the Construction Machinery Management Act; hereafter in this Article, and Articles 45, 47, 93 (1) 1 through 4, and 148-2, the same shall apply) or tram, or ride a bicycle. <Amended on Mar. 27, 2018>

(2) When deemed necessary to ensure the safety of traffic and prevent danger or a person is evidently deemed to be driving a motor vehicle, etc. or tram or riding a bicycle while intoxicated in violation of paragraph (1), police officers may require him or her to take a breath test in order to determine whether that person is intoxicated. In such cases, the driver or rider shall comply with the breath test required by any police officer.

Article 43 ~ 44

(3) With respect to any driver who refuses to accept the result of a test pursuant to paragraph (2), another test may be conducted using the driver's blood collected after obtaining the driver's consent therefor.

(4) The threshold for the state of intoxication at which a person is prohibited from driving a motor vehicle, etc. pursuant to paragraph (1) shall be not less than 0.03 percent of blood-alcohol concentration. <Amended on Dec. 24, 2018>

(5) Matters necessary for the methods and procedures for tests under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 3, 2023>

[This Article Wholly Amended on Jun. 8, 2011]

Article 45 (Prohibition against Driving Motor Vehicles on Grounds of Overwork)

In addition to driving while intoxicated under Article 44, the driver of any motor vehicle, etc. (excluding personal mobility devices) or tram shall be prohibited from driving a motor vehicle, etc. or tram in a state that makes it impracticable for him or her to drive a motor vehicle, etc. or tram normally due to the impact of overwork or sickness, or the influence of drugs (referring to narcotics, marijuana, psychotropic drugs, and

Article 45

others prescribed by Ordinance of the Ministry of the Interior and Safety; hereinafter the same shall apply), or other reasons. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 27, 2018; Jun. 9, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 46 (Prohibition on Dangerous Collective Conduct)

(1) The drivers of two or more motor vehicles, etc. (excluding personal mobility devices; hereafter in this Article, the same shall apply) shall be prohibited from driving their motor vehicles, etc. in a row or side by side without good cause, in a manner that endangers other persons and causes danger to traffic. <Amended on Jun. 9, 2020>

(2) Passengers in a motor vehicle, etc. shall not take the lead in any dangerous collective conduct pursuant to paragraph (1).

[This Article Wholly Amended on Jun. 8, 2011]

Article 46-2 (Prohibition of Interference with Functions of Traffic Enforcement Equipment)

No one shall manufacture, import, sell or install a device interfering with functions of traffic enforcement equipment for the purpose of avoidance of traffic enforcement.

[This Article Wholly Amended on Jun. 8, 2011]

Article 46 ~ 46-2

Article 46-3 (Prohibition of Reckless Driving)

No driver of a motor vehicle, etc. (excluding personal mobility devices) shall threaten or endanger any other person or cause danger to traffic by consecutively committing at least two of the following offenses or by committing any of the following offenses continuously or repeatedly: <Amended on Jun. 9, 2020>

1. Violation of a signal or instruction under Article 5;

2. Driving over the median lane under Article 13 (3);

3. Violation of speed under Article 17 (3);

4. Violation of prohibition of crossing the road, making a U-turn, or moving backward under Article 18 (1);

5. Failing to maintain a safe distance or violation of prohibition of changing course or applying brake abruptly under Article 19;

6. Violation of the method of overtaking another motor vehicle or of prohibition of impeding any other motor vehicle trying to overtake his or her motor vehicle under Article 21 (1), (3), or (4);

7. Generation of any noise without good cause under Article 49 (1) 8;

8. Violation of

Article 46-3

overtaking method on an expressway under Article 60 (2);

9. Violation of prohibition of crossing, making a U-turn, or moving in reverse on an expressway, etc. under Article 62.

[This Article Newly Inserted on Aug. 11, 2015]

Article 47 (Measures to Prevent Danger)

(1) When a driver of any motor vehicle, etc. or tram is deemed to be driving the motor vehicle, etc. or tram in violation of Articles 43 through 45, police officers may first stop the motor vehicle, etc. or tram and then ask the driver of such motor vehicle, etc. or tram to produce his or her driver's license (hereinafter referred to as "driver's license"). <Amended on Mar. 27, 2018; Jun. 9, 2020; Jan. 12, 2021>

(2) With respect to a person who drives a motor vehicle, etc. or tram in violation of Articles 44 and 45 or rides a bicycle, etc. in violation of Article 44, police officers may order the driver of the motor vehicle, etc. or tram or the rider of the bicycle, etc. to stop driving the motor vehicle, etc. or tram or riding the bicycle until the point at which he or she is able to drive the motor vehicle, etc. or tram or ride the bicycle normally, and take necessary measures against the driver or rider, such as relocating the motor vehicle, etc. or tram or the bicycle, etc. <Amended on Oct. 24, 2017; Mar. 27, 2018; Jun. 9, 2020>

(3) The provisions

Article 47

of Article 35 (3) through (7) and Article 36 shall apply mutatis mutandis to the relocation of a motor vehicle under paragraph (2). <Newly Inserted on Oct. 24, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 48 (Duties of Safe and Eco-Driving)

(1) Every motor vehicle or tram driver shall correctly operate the steering system, brakes and other devices of his or her motor vehicle or tram and shall not drive his or her motor vehicle or tram at a speed and in a manner that endangers and impedes other persons according to the traffic conditions of the relevant road and the structure and performance of his or her motor vehicle or tram. <Amended on Mar. 27, 2018>

(2) Every motor vehicle driver shall endeavor to reduce fuel consumption and carbon emissions by driving in an environmentally-friendly and economical way.

[This Article Wholly Amended on Jun. 8, 2011]

Article 49 (Matters to Be Observed by Every Driver)

(1) Every motor vehicle or tram driver shall observe each of the following matters: <Amended on Mar. 23, 2013; Aug. 13, 2013; Nov. 19, 2014; Aug. 11, 2015; Jul. 26, 2017; Mar. 27, 2018; Jun. 9, 2020; Dec. 22, 2020; Oct. 19, 2021>

1. When driving

Article 48 ~ 49

a motor vehicle on any water puddle, no driver shall cause harm to other persons by splashing those persons with muddy water;

2. In any of the following events, a motor vehicle driver shall temporarily stop his or her motor vehicle:

(a) When a driver recognizes the danger of a traffic accident involving children, including cases when children are crossing the road unaccompanied by their caregivers, and children are sitting, standing, or playing on the road;

(b) When a blind person is crossing the road, taking such a measure as holding of a white cane or being accompanied by a guide dog for persons with disabilities;

(c) When persons with physical disabilities or senior citizens unable to use road-crossing facilities, such as underpass and overpass, are crossing the road;

3. No driver shall drive a motor vehicle that may impede the safe flow of traffic since the light transmission ratio of visible light of shade of front windscreen and front left door glass and front right door glass fall short of the standards set by Presidential Decree: Provided, That motor vehicles used by security guards for key figures, ambulances, and funeral motor vehicles shall be excluded herefrom;

Article 49

4. No driver shall drive any motor vehicle equipped with devices that disrupt the function of traffic enforcement equipment or other apparatuses that may impede safe driving, not in conformity with the standards prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That the same shall not apply where a device for the development of new technology for autonomous driving motor vehicles is installed on a motor vehicle;

5. No driver shall impede motor vehicle or horse traffic by engaging in any quarrel, dispute, etc. while parking his or her motor vehicle, etc. (excluding personal mobility devices, etc.; hereafter in this Article, the same shall apply) or tram on the road;

6. Where a driver leaves any motor vehicle or tram, he or she shall take measures necessary to prevent any traffic accident and prevent any other person from driving the motor vehicle or tram without the driver's consent;

7. No driver shall open the doors of his or her motor vehicle or tram or get off the motor vehicle or tram without verifying the safety of the motor vehicle or tram or persons and shall take measures necessary to prevent his or her passengers from causing any danger to traffic;

8. No driver shall generate any noise that damages other persons by performing any of the following acts without good cause:

Article 49

(a) Starting any motor vehicle abruptly and accelerating any motor vehicle abruptly;

(b) Increasing the motor's revolutions per minute without transmitting the power of the motor vehicle's motor to the wheels of the motor vehicle;

9. No driver shall drive any motor vehicle in which passengers are engaged in any disorderly conduct including dancing, without restricting such conduct thereof to the extent that such conduct impedes the driving of the motor vehicle;

10. No driver shall use a cell phone (including a car phone) while driving a motor vehicle, etc. or tram: Provided, That the same shall not apply in any of the following cases:

(a) Where a motor vehicle, etc. or tram is at a standstill;

(b) Where an emergency motor vehicle is being driven;

Article 49

(d) Where any device prescribed by Presidential Decree as not impeding the safe driving of any motor vehicle is being used;

11. No image shall be displayed at a location visible to a driver while driving a motor vehicle, etc. or tram through a device that receives or plays visual media including broadcast (including devices portable by a driver; hereinafter referred to as "video display terminal"): Provided, That the same shall not apply in any of the following cases:

(a) Where a motor vehicle, etc. or tram is at a standstill;

(b) Where the following images are displayed at a video display terminal installed or mounted on a motor vehicle, etc. or tram:

(i) Images which provide geographic information or traffic information;

(ii) Images which provide guidance at an urgent situation, such as a state of national emergency or disastrous situation;

(iii) Images which provide assistance in watching right and left or front and rear of a motor vehicle, etc. or tram while driving;

11-2. No driver

Article 49

shall operate a video display terminal while driving any motor vehicle, etc. or tram: Provided, That the same shall not apply in any of the following cases:

(a) Where a motor vehicle, etc. or tram is at a standstill;

(b) Where a driver of any tram operates a video display terminal necessary for driving the tram;

12. No driver shall drive any motor vehicle loaded with freight containers while persons are sitting thereon;

13. A driver shall follow matters designated and publicly announced by the commissioner of a City/Do police agency who recognizes them as being necessary to maintain the safety and order of traffic.

(2) Where police officers find any motor vehicle that violates paragraph (1) 3 and 4, they may require the driver of the motor vehicle in question to remove matters subject to violation on the spot or order him or her to take necessary measures. In such cases, when the driver fails to comply with the order, police officers may remove matters subject to violation and take necessary measures.

[This Article Wholly Amended on Jun. 8, 2011]

Article 50 (Matters to be Observed by Specific Drivers)

(1) Each driver of

Article 50

any motor vehicle (excluding any two-wheeled vehicle) shall fasten the seat belt thereof while driving the motor vehicle and require all the passengers seated in the motor vehicle to fasten their seat belts (in cases of an infant, this refers to the seat belt after an infant safety harness is mounted; hereafter in this Article and Article 160 (2) 2, the same shall apply): Provided, That the same shall not apply where it is difficult to fasten the seat belt due to any illness, etc. or due to any ground prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017; Mar. 27, 2018>

(2) Deleted. <Mar. 27, 2018>

(3) Each driver of any two-wheeled vehicle and any motorcycle (excluding personal mobility devices) shall only drive it after wearing a life protection outfit prescribed by Ordinance of the Ministry of the Interior and Safety and shall require any other person riding thereon to wear a life protection outfit. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020>

(4) When a driver of a bicycle, etc. rides a bicycle on a bike lane or a road under the Road Act, he or she shall wear a life protection outfit prescribed by Ordinance of the Ministry of the Interior and Safety and require any passenger to wear such outfit. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 27, 2018; Jun. 9, 2020; Jan. 12, 2021>

(5) Each driver of

Article 50

any motor vehicle or tram prescribed by Ordinance the Ministry of the Interior and Safety, including any motor vehicle used for transport business or a truck, tram, etc., shall be prohibited from performing any of the following activities: Provided, That subparagraph 3 shall apply only to the driver of a commercial bus or tram: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017; Mar. 27, 2018>

1. Driving any motor vehicle not equipped with a tachograph or equipped with a tachograph unusable due to any malfunction, etc.;

2. Driving any motor vehicle without using a tachograph for its original purpose;

3. Refusing to take passengers.

(6) No taxicab driver shall share his or her cab for strangers while a passenger is on board, refuse to take passengers, or receive more than reported fare.

(7) No driver of a bicycle, etc. shall ride a bicycle, etc. that can pose a threat to traffic safety by failing to have the size and structure prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020>

(8) No driver of a bicycle, etc. shall ride a bicycle, etc. under the influence of drugs or where he or she is not likely to ride a bicycle,

Article 50

etc. normally due to other grounds. <Amended on Mar. 27, 2018; Jun. 9, 2020>

(9) Each driver of a bicycle, etc. shall turn on the headlight and taillight or wear a light emitting device, such as a luminous strip, when he or she rides a bicycle, etc. on the road at night. <Newly Inserted on Aug. 11, 2015; Jun. 9, 2020>

(10) No driver of any personal mobility device shall drive any personal mobility device with passengers onboard in excess of the passenger capacity prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jun. 9, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 50-2 (Matters to Be Observed by Drivers of Autonomous Driving Motor Vehicles)

(1) The driver of a motor vehicle equipped with an autonomous driving system that does not fall under the full autonomous driving system prescribed by Ordinance of the Ministry of the Interior and Safety shall, without delay, directly operate the steering system, brakes, and other devices in response to the autonomous driving system's demand for direct operation.

(2) Article 49 (1) 10, 11, and 11-2 shall not apply to a driver who operates a motor vehicle using an autonomous driving system.

Article 50-2

[This Article Newly Inserted on Oct. 19, 2021]

Article 51 (Special Protection of School Buses for Children)

(1) When a school bus for children stops on the road and operates its devices, such as warning lamps, indicating that children or infants are boarding or alighting such school bus, the driver of any motor vehicle driving in the lane on which the school bus has parked and the driver of any other motor vehicle that is driving in the lane just beside the former shall temporarily stop before reaching the school bus and then drive slowly the motor vehicle after checking the safety of such movement. <Amended on Dec. 30, 2014>

(2) In cases falling under paragraph (1), the driver of any motor vehicle driving in the opposite direction on a road along which no median lane is marked or along a two-lane road shall temporarily stop the motor vehicle before reaching the school bus and then drive slowly the motor vehicle after checking the safety of such movement.

(3) Each driver of any motor vehicle shall be prohibited from overtaking any school bus for children traveling along road while indicating that children or infants are onboard the school bus. <Amended on Dec. 30, 2014>

[This Article Wholly Amended on Jun. 8, 2011]

Article 52 (Reporting on School Buses for Children)

Article 51 ~ 52

(1) Each person who intends to operate a school bus for children (excluding motor vehicles for passenger transport business operated for children as its passenger after obtaining a restricted license for passenger transport business under Article 4 (3) of the Passenger Transport Service Act), shall pre-report such intention to the chief of the competent police station, as prescribed by Ordinance of the Ministry of the Interior and Safety, and receive a certificate of reporting from him or her. <Amended on Jan. 28, 2014; Nov. 19, 2014; Jul. 26, 2017>

(2) Each person who operates any school bus for children shall always retain the certificate of reporting issued pursuant to paragraph (1) inside each of the school buses.

(3) Motor vehicles that can be used as school buses for children shall be limited to motor vehicles prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, such motor vehicles shall meet requirements prescribed by Presidential Decree, such as paintwork, markings, current insurance policy, and the relationship to owner, etc. <Amended on Mar. 23, 2013; Jan. 28, 2014; Nov. 19, 2014; Jul. 26, 2017>

(4) No one shall do paintwork and markings on any motor vehicle in a manner similar to those affixed to school buses or drive any motor vehicle with such paintwork and signs affixed without reporting pursuant to paragraph (1) or obtaining a restricted license for transporting children as its passengers pursuant to Article

Article 52

4 (3) of the Passenger Transport Service Act. <Amended on Jan. 28, 2014>

[This Article Wholly Amended on Jun. 8, 2011]

Article 53 (Duties of Drivers and Operators of School Buses for Children)

(1) Each driver of any school bus for children shall operate warning lamps, etc. provided for in Article 51 (1) only where children or infants board and alight from such school bus and shall make the indication provided for in Article 51 (3) only where such school bus is traveling with children and infants on board. <Amended on Dec. 30, 2014>

(2) Each driver of any school bus for children shall start driving the school bus after checking that all the children or infants on board have fastened their seat belts (referring to safety belts that can be adjusted to fit to the physical structures of children or infants; hereafter in this Article, subparagraph 1 of Article 156, and Article 160 (2) 4-2, the same shall apply), and when they alight from the school bus, the driver shall start driving after confirming they have arrived at a place safe from motor vehicles, including the sidewalk or roadside area: Provided, That the same shall not apply where it is difficult to fasten a seat belt due to an illness, etc. or due to any ground prescribed by Ordinance of the Ministry of the Interior and Safety, in connection with the fastening of the seat belt. <Amended on Jan. 28, 2014; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017; Mar. 27, 2018>

Article 53

(3) Each operator of any school bus for children shall arrange for a guardian nominated by him or her from among adults to board the school bus with children or infants aboard, and the guardian onboard shall, when the children or infants get in or get out of the school bus, take measures necessary for the protection of children, such as getting off the school bus to confirm the safe boarding and alighting of the children or infants and ensuring that children or infants are seated with their seat belts fastened during the operation of the motor vehicle: <Amended on Jan. 28, 2014; Dec. 30, 2014; May 26, 2020>

1. Deleted; <May 26, 2020>

2. Deleted; <May 26, 2020>

3. Deleted; <May 26, 2020>

4. Deleted; <May 26, 2020>

5. Deleted. <May 26, 2020>

(4) After the driver of a school bus for children finishes driving the relevant school bus for children, he or she shall check whether all the children or infants have alighted therefrom. <Newly Inserted on Dec. 2, 2016>

(5) When each driver of any school bus for children checks whether all the

Article 53

children or infants have alighted from such school bus pursuant to paragraph (4), he or she shall operate a device to check whether no child or infant is onboard (hereinafter referred to as "child-check device"). <Newly Inserted on Oct. 16, 2018>

(6) Where any person who operates a school bus for children has a guardian onboard when operating the bus under paragraph (3), he or she may attach a mark indicating the onboard presence of a guardian as prescribed by Ordinance of the Ministry of the Interior and Safety (hereinafter referred to as "mark indicating a guardian's onboard presence"); and where any person operates a school bus without a guardian onboard, such person shall not affix a mark indicating a guardian's onboard presence. <Newly Inserted on May 26, 2020>

(7) Each person who operates any school bus for children shall create and retain records of the use of seat belts and the onboard presence of a guardian (hereinafter referred to as "safety operation records") and submit safety operation records to the head of the competent agency supervising the facility operating the school bus for children every quarter. <Newly Inserted on May 26, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Jan. 28, 2014]

Article 53-2 Deleted. <May 26, 2020>

Article 53-3 (Safety Education for Operators of School Buses for C

Article 53-2 ~ 53-3

hildren)

(1) Operators and drivers of school buses for children and guardians under Article 53 (3) shall receive education regarding the safe operation, etc. of school buses for children (hereinafter referred to as "safety education regarding school buses for children"). <Amended on Jan. 28, 2014; May 26, 2020>

(2) Safety education regarding school buses for children shall be provided according to the following classification: <Newly Inserted on Jan. 28, 2014; May 26, 2020>

1. Initial safety education: Education provided for persons who intend to operate or drive school buses for children and guardians who intend to accompany children on such buses under Article 53 (3) before they commence operation or driving thereof or their onboard presence;

2. Regular safety education: Education provided regularly every two years for persons who have been continuously operating and driving school buses for children and guardians who accompany children on such buses under Article 53 (3).

(3) No person who operates a school bus for children shall allow a person who fails to receive safety education regarding school buses for children, to drive a school bus for children or to accompany children on such buses. <Newly Inserted on Jan. 28, 2014; May 26, 2020>

Article 53-3

(4) Other matters necessary for methods, procedures, etc. for providing safety education regarding school buses for children shall be prescribed by Presidential Decree. <Amended on Jan. 28, 2014>

[This Article Newly Inserted on Jun. 8, 2011]

[Title Amended on Jan. 28, 2014]

Article 53-4 (Provision of Information on Violations Committed by School Buses for Children)

(1) Where a person who operates or drives a school bus for children has violated Article 53 or 53-5 or has caused an accident whereby any child has died or has been injured by violating Article 53 or 53-5, the chief of a police station shall provide the information thereon to the head of the competent authority that supervises educational facilities for children. <Amended on May 26, 2020>

(2) The chief of a police station and the head of a competent agency supervising an educational facility for children shall publish the information specified in paragraph (1) on the website operated by the relevant institution, respectively. <Newly Inserted on May 26, 2020>

(3) Matters necessary for the detailed standards, methods, procedures, etc. for the provision of information under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and

Article 53-4

Safety. <Ameed on Nov. 19, 2014; Jul. 26, 2017; May 26, 2020>

[This Article Newly Inserted on Jan. 28, 2014]

Article 53-5 (Obligations of Drivers of School Buses for Children where No Guardian is Onboard)

Anyone who drives a school bus for children without having a guardian onboard to help children take aboard or alight for an early childhood education and development institute, an alternative school, a foreigners' school, a teaching school referred to in subparagraph 23 (a) of Article 2, or any facility referred to in subparagraph 23 (e) through (j) of that subparagraph shall get off the bus to confirm that all children, infants, and young children exit the bus safely.

[This Article Newly Inserted on May 26, 2020]

[This Article shall remain effective until November 26, 2022 pursuant to Article 2 of the Addenda (Act No. 17311, May 26, 2020)]

Article 54 (Measures Taken When Accidents Occur)

(1) When any person is killed or injured or any goods are harmed by traffic, such as driving, etc. of any motor vehicle or tram (hereinafter referred to as "traffic accident"), the driver or occupants (hereinafter referred to as "driver, etc.") of the relevant motor vehicle or tram shall immediately bring the motor

Article 53-5 ~ 54

vehicle o tam to a stop and take each of the following measures: <Amended on Jan. 28, 2014; Dec. 2, 2016; Mar. 27, 2018>

1. Measures necessary to provide assistance to casualties;

2. Provision of personal information (referring to the name, telephone number, address, etc.; hereafter in Article 148 and subparagraph 10 of Article 156 the same shall apply) to the victim.

(2) In cases falling under paragraph (1), when police officers are present on the scene, the driver, etc. of the motor vehicle or tram shall report without delay each of the following matters to the police officers, and when police officers are not present at the scene, the driver, etc. shall report the same to the nearest State police station (including an area patrol unit, a police substation, or a police detachment; hereinafter the same shall apply): Provided, That the same shall not apply where it is evident that only the motor vehicle or tram is damaged and necessary measures are taken to prevent any danger and ensure smooth flow of traffic along the road: <Amended on Dec. 2, 2016; Mar. 27, 2018>

1. The place where the accident occurs;

2. The number of casualties and the extent of any injuries;

3. Items damaged and the extent of such damage;

4. Other measures,

Article 54

etc. taken.

(3) The police officers of the State police station in receipt of a report pursuant to paragraph (2) shall provide assistance to the injured, and when it is deemed necessary to prevent any further traffic danger, order the driver, etc. who makes the report to wait at the scene until police officers (excluding any autonomous police officer) arrive at the scene.

(4) Police officers may issue orders or directions to the driver, etc. of any motor vehicle or tram who has caused a traffic accident, regarding giving aid to the injured and regarding the safety of traffic, at the scene. <Amended on Mar. 27, 2018>

(5) In emergencies, the driver of any emergency motor vehicle, any motor vehicle transporting any injured person, any postal motor vehicle, any tram, etc. may arrange for a person onboard the motor vehicle, tram, etc. to take the measures referred to in paragraph (1) or make the report referred to in paragraph (2), and then continue to drive such motor vehicle, tram, etc. <Amended on Mar. 27, 2018>

(6) When any traffic accident occurs, police officers (excluding any autonomous police officer) shall take necessary measures, as prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 55 (Prohibition on Hindering Measures Taken When Accident Occurs)

Article 55

Where any traffic accident occurs, no one shall hinder measures taken by the driver, etc. or the making of the reporting under Article 54 (1) and (2).

[This Article Wholly Amended on Jun. 8, 2011]

Article 56 (Obligations of Employers)

(1) A person who employs drivers of motor vehicles or trams, a person in charge of the management of drivers, motors vehicles or trams, or users of motor vehicles or trams (including a person who rents a motor vehicle for business use under the Passenger Transport Service Act and a person who rents a motor vehicle under the Specialized Credit Finance Business Act; hereinafter referred to as "employer, etc.") shall always call the attentions of such drivers for the observance of this Act and any order issued under this Act and shall supervise them. <Amended on Dec. 30, 2014; Mar. 27, 2018>

(2) Where an employer, etc. knows that any driver prohibited from driving any motor vehicle, etc. or tram pursuant to Articles 43 through 45 is trying to drive a motor vehicle, etc. or tram, he or she shall not neglect to prevent such driver from driving nor allow such driver to drive any motor vehicle, etc. or tram. <Amended on Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

CHAPTER V SPECIAL CASES OF EXPRESSWAYS A

Article 56

ND AUTOMOBILE ROADS

Article 57 (Common Provisions)

Methods, etc. for motor vehicles or pedestrians to cross on expressways or automobile roads (hereinafter referred to as "expressways, etc.") shall be governed by this Chapter, and matters other than those prescribed in this Chapter shall be governed by Chapters I through IV.

[This Article Wholly Amended on Jun. 8, 2011]

Article 58 (Measures Taken to Prevent Danger)

When the traffic of any expressway, etc. is likely to be dangerous or congested due to the damage of any road, the occurrence of any traffic accident and other circumstances, police officers (excluding any autonomous police officer) shall prohibit or restrict the traffic flow of motor vehicles that are traveling on such expressway, etc. within the necessary range or order drivers of motor vehicles to take necessary measures in order to prevent any traffic danger or any traffic congestion and ensure safe and smooth flow of traffic thereon.

[This Article Wholly Amended on Jun. 8, 2011]

Article 59 (Installation and Management of Traffic Safety Facilities)

Article 57 ~ 59

(1) A manager of an expressway shall install and manage traffic safety facilities in order to prevent any danger on such expressway and to ensure safe and smooth flow of traffic thereon. In such cases, the manager of each expressway shall consult with the Commissioner General of the Korean National Police Agency thereabout, when he or she intends to install such traffic safety facilities.

(2) The Commissioner General of the Korean National Police Agency may instruct the manager of every expressway about matters necessary to manage traffic safety facilities.

[This Article Wholly Amended on Jun. 8, 2011]

Article 60 (Prohibition against Traffic of Roadside)

(1) The driver of a motor vehicle shall drive his or her motor vehicle along lanes prescribed by Ordinance of the Ministry of the Interior and Safety, except where prevented from doing so due to inevitable reasons, such as the breakdown of his or her motor vehicle on the expressway, etc., and shall not drive his or her motor vehicle on the roadside (referring to road shoulders provided for in the Road Act): Provided, That this shall not apply in any of the following cases: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 24, 2019>

1. Where a person drives an emergency motor vehicle or a motor vehicle that performs works, such as repair and maintenance of expressway, etc.;

Article 60

2. Where a person drives a motor vehicle on the roadside according to the signals or instructions of signal apparatus or a police officer, etc. during a traffic jam.

(2) When intending to overtake any other motor vehicle on the expressway, the driver of any motor vehicle shall safely drive the motor vehicle along a lane prescribed by Ordinance of the Ministry of the Interior and Safety by using direction indicators, lights, or horn. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 61 (Marking of Exclusive Lane on Expressway)

(1) The Commissioner General of the Korean National Police Agency may, when it is especially necessary to ensure the smooth flow of traffic of the expressway, mark an exclusive lane on the expressway.

(2) Article 15 (2) and (3) shall apply mutatis mutandis to the types, etc. of exclusive lanes of the expressway referred to in paragraph (1).

[This Article Wholly Amended on Jun. 8, 2011]

Article 62 (Prohibition on Crossing)

The driver of any motor vehicle shall not cross an expressway, etc., making a U-turn, or moving in reverse on an expressway while driving

Article 61 ~ 62

a motor vehicle on the expressway: Provided, That the same shall not apply to any motor vehicle that is used to take emergency measures aimed at preventing and removing danger on an expressway and taking and performing emergency measures and the work relating to any traffic accident on the expressway among emergency motor vehicles or motor vehicles to perform the work of repair and maintenance, etc. of the road.

[This Article Wholly Amended on Jun. 8, 2011]

Article 63 (Prohibition on Traffic)

A rider of any horse other than motor vehicles (two-wheeled vehicles are limited to emergency motor vehicles) or any pedestrian shall be prohibited from riding his or her horse or walking any expressway or crossing any expressway.

[This Article Wholly Amended on Jun. 8, 2011]

Article 64 (Prohibition on Stopping and Parking Motor Vehicles on Expressway)

The driver of any motor vehicle shall not park or stop a motor vehicle on any expressway, etc.: Provided, That the same shall not apply to cases falling under any of the following subparagraphs: <Amended on Jun. 9, 2020>

1. Where the driver temporarily stops or parks a motor vehicle in compliance with the provisions of statutes and regulations or

Article 63 ~ 64

instuctions given by police offices (excluding any autonomous police officer) or in order to prevent any danger;

2. Where the driver stops or parks a motor vehicle in a place where safety signs are erected in order to permit motor vehicles to stop or park, or in the depot;

3. Where the driver stops or parks a motor vehicle on the edge area of a road (including the roadside) due to breakdown or other inevitable reasons;

4. Where the driver stops a motor vehicle to pay a toll at a tollgate;

5. Where the manager of a road stops or parks a motor vehicle in order to repair, maintain or patrol the expressway, etc.;

6. Where any police emergency motor vehicle stops or parks a motor vehicle in order to investigate any crime, regulate the traffic and perform other police duties;

6-2. Where a fire engine stops or parks in order to conduct fire extinguishment and fire-fighting activities, such as lifesaving and first-aid services, firefighting support activities, and life safety activities on an expressway, etc.;

6-3. Where any emergency motor vehicle, other than a police emergency

Article 64

motor vehicle or fire engine, stops or parks in order to accomplish its purpose of use;

7. Where the driver temporarily stops or parks a motor vehicle on an expressway, etc. when the driver cannot drive the motor vehicle due to traffic congestion or other inevitable reasons.

[This Article Wholly Amended on Jun. 8, 2011]

Article 65 (Priority Order for Access to Expressway)

(1) When intending to drive a motor vehicle onto an expressway, the driver of any motor vehicle (excluding any emergency motor vehicle) shall not impede the traffic of other motor vehicles traveling on the expressway.

(2) When any emergency motor vehicle is entering an expressway, no driver of any motor vehicle shall impede the emergency motor vehicle's access to the expressway.

[This Article Wholly Amended on Jun. 8, 2011]

Article 66 (Measures Taken for Breakdown)

When the driver of any motor vehicle is unable to drive a motor vehicle due to breakdown or inevitability on an expressway, etc., the driver shall display a sign (hereinafter referred to as "vehicle break-down sign") prescribed by Ordinance of the Ministry of the Interior and Safety and then take measures to relocate his or her motor vehicle to a place out of the expressway,

Article 65 ~ 66

etc. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 67 (Matters to be Observed by Drivers on Expressway)

(1) Deleted. <Mar. 27, 2018>

(2) The driver of any motor vehicle that travels on an expressway, etc. shall always carry a break-down sign provided for in Article 66 in order to ensure safe and smooth flow of traffic. When the driver finds it difficult to drive his or her motor vehicle due to breakdown or other inevitable reasons, the driver shall stop the motor vehicle on the right-hand edge of the road and then display the break-down sign, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Mar. 27, 2018]

CHAPTER VI USE OF ROADS

Article 68 (Prohibited Conduct on Roads)

(1) No one shall operate signal apparatuses, or remove, relocate, or damage traffic safety facilities, or install traffic safety facilities or other artificial structures similar thereto on any road

Article 67 ~ 68

without permission therefor.

(2) No one shall leave articles on the road which impede the traffic flow of the road without permission therefor.

(3) No one shall perform any of the following activities: <Amended on Dec. 22, 2020>

1. Wandering on a road while intoxicated;

2. Lying, sitting, or standing on a road in a manner that impedes the traffic flow on the road;

3. Playing with a ball or riding on a sled on the busy road;

4. Throwing or projecting any stone, glass bottle, iron scrap, or article likely to cause damage to any motor vehicle or horse;

5. Throwing articles from any motor vehicle or horse traveling along a road;

6. Jumping onto, clinging to, or jumping from any motor vehicle or horse traveling along a road;

7. Any other activity designated and publicly announced by the commissioner of a City/Do police agency after deeming necessary to prevent danger to traffic.

[This Article Wholly

Article 68

Amended on Jun. 8, 2011]

Article 69 (Reporting on Roadwork and Safety Measures)

(1) A person who intends to perform the work of digging, drilling, etc. the road (hereafter in this Article referred to as "work contractor") in compliance with any order issued by a road management agency or road works agency shall report the date, the section, the work period, the manner in which the work is to be performed, and other necessary matters, to the chief of the relevant police station three days before commencing the works: Provided, That where necessary to perform any emergency work following a landslide, rupture of water mains, etc., such person shall take safety measures therefor and report thereon without delay after commencing the work.

(2) When the chief of a police station determines that the traffic congestion in the area surrounding a construction site greatly increases at an unanticipated level, which is likely to seriously hamper the safety and smooth control of the traffic, he or she may get the relevant work contractor referred to in paragraph (1) to shorten his or her work hours and take other necessary measures, etc. after having a prior consultation thereabout with the road management agency.

(3) When necessary to control the traffic flow of motor vehicles and horses and give instructions, etc. during the work period, a work contractor shall install traffic safety facilities in compliance with the instructions given by the chief of the competent police station.

Article 69

(4) A work contractor shall place safety personnel or safety guide devices in compliance with the instructions of the chief of the competent police station if necessary in consideration of the scale of the construction works, the surrounding traffic environment, etc. <Newly Inserted on Oct. 20, 2020>

(5) Matters necessary for the installation of traffic safety facilities under paragraph (3) and the arrangement of safety personnel or safety guide devices under paragraph (4) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Oct. 20, 2020>

(6) A work contractor shall, where his or her work damages traffic safety facilities, reinstate the damaged traffic safety facilities, as prescribed by Ordinance of the Ministry of the Interior and Safety, and then report the results thereof to the chief of the competent police station. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 70 (Notification of Permission for Occupation and Use of Road)

(1) When a road management agency has performed any of the following acts on a road, it shall immediately notify the details thereof to the Commissioner General of the Korean National Police Agency

Article 70

in cases of expressways and to the chief of the competent police station in cases of roads, other than expressways: <Amended on Jun. 8, 2011; Jan. 14, 2014>

1. Permission for occupying and using the road provided for in Article 61 of the Road Act;

2. Prohibition against or restrictions on traffic flow provided for in Article 76 of the Road Act or restrictions on driving motor vehicles provided for in Article 77 of that Act.

(2) Deleted. <Dec. 21, 2007>

(3) When deemed necessary to ensure safe and smooth flow of traffic, the Commissioner General of the Korean National Police Agency or the chief of the competent police station in receipt of notification under paragraph (1) may request the road management agency to take necessary measures therefor. In such cases, the road management agency shall take such measures unless there is good cause. <Amended on Jun. 8, 2011>

[Title Amended on Dec. 21, 2007]

Article 71 (Measures against Artificial Structures Illegally Installed on Road)

(1) The chief of a police station may order any of the following persons to correct the person's violation or remove the traffic impediment

Article 71

caused by the person's violation: <Amended on Jan. 14, 2014>

1. Any person who has installed traffic safety facilities or other artificial structures similar thereto without obtaining permission therefor, in violation of Article 68 (1);

2. Any person who has abandoned things on the road, in violation of Article 68 (2);

3. Any person who has installed artificial structures, etc. or performed any works that could impede traffic flow, in violation of Article 61 of the Road Act.

(2) The chief of a police station shall, when he or she is unable to order measures referred to in paragraph (1) because he or she is unable to identify the name and domicile of any person specified under paragraph (1), keep the artificial structures, etc. in custody after taking measures to remove such artificial structures, etc. by himself or herself. In such cases, the artificial structures, etc. that are likely to be worn out or destroyed and the custody of which is extremely difficult to accomplish may be sold and their sale proceeds may be kept in custody.

(3) Matters necessary for the custody, sale, etc. of artificial structures, etc. referred to in paragraph (2) shall be prescribed by Presidential Decree.

[This Article Wholly

Article 71

Amended on Jun. 8, 2011]

Article 72 (Measures Taken to Prevent Danger of Ground Artificial Structures Installed on Road)

(1) When ground artificial structures, other facilities, or articles of the road are causing danger to traffic or are obviously likely to cause impediment to traffic, the chief of a police station shall request the owner, occupier, or manager of such artificial structures, etc. to remove them or order them to take measures necessary for traffic safety.

(2) When the chief of a police station is unable to order the owner, occupier, or manager of artificial structures, etc. to take measures pursuant to paragraph (1) because he or she is unable to identify their names and domiciles, he or she shall keep the artificial structures, etc. in custody after taking measures to remove them by himself or herself. In such cases, the artificial structures, etc. that are likely to be worn out or destroyed and the custody of which is extremely difficult to maintain may be sold and their sale proceeds may be kept in custody.

(3) Matters necessary for the custody, sale, etc. of artificial structures, etc. referred to in paragraph (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

CHAPTER VII TRAFFIC SAFETY EDUCATION

Article 72

Article 73 (Traffic Safety Education)

(1) A person who intends to obtain a driver's license shall undergo traffic safety education regarding each of the following matters before applying for an examination provided for in Article 83 (1) 2 and 3, as prescribed by Presidential Decree: Provided, That the same shall not apply to a person who has received mandatory special traffic safety education pursuant to paragraph (2) 1 or has completed the driving education in a specialized driving school provided for in Article 104 (1): <Amended on Dec. 30, 2014; Oct. 24, 2017; Mar. 27, 2018>

1. Basic manners for drivers;

2. Statutes and regulations and knowledge governing road and traffic;

3. Skills needed to drive motor vehicles safely;

3-2. Matters concerning the prevention and settlement of traffic accidents;

4. Matters concerning the prevention of traffic accidents of children, persons with disabilities, and senior citizens;

5. Knowledge and skills needed for eco-driving;

6. Gist of making way for an emergency motor vehicle;

Article 73

7. Other matters necessary to ensure the safety of traffic.

(2) Any of the following persons shall receive mandatory special traffic safety education, as prescribed by Presidential Decree. In such cases, he or she may be allowed to postpone such mandatory education, as prescribed by Presidential Decree, if he or she falls under subparagraphs 2 through 5 and where there is any unavoidable cause: <Amended on Dec. 30, 2014; Aug. 11, 2015; Oct. 24, 2017; Oct. 20, 2020>

1. Any person who intends to re-obtain a driver's license after having been subject to a disposition to revoke his or her driver's license (excluding a person subject to a disposition to revoke his or her driver's license by falling under Article 93 (1) 9 or 20);

2. Any person who has received or is subject to a disposition to suspend his or her driver's license by falling under Article 93 (1) 1, 5, 5-2, 10, and 10-2, for whom the period of suspension has not yet lapsed;

3. Any person exempted from a disposition to revoke his or her driver’s license or suspend his or her driver’s license (limited to where a person is subject to a disposition to suspend his or her driver’s license by falling under Article 93 (1) 1, 5, 5-2, 10, and 10-2), for whom one month has not elapsed from the date of such exemption;

4. Any novice driver who has received or is subject to a disposition to

Article 73

suspend his r her driver's license and fr whm the period of suspension has yet to lapse;

5. A person within one year from the date he or she receives demerit points under Article 93 (2) for causing an accident leading to an injury or death of a child while driving a motor vehicle in a protection area for children under Article 12 (1).

(3) Where any of the following persons files an application with the commissioner of a City/Do police agency, he or she may receive recommended special traffic safety education, as prescribed by Presidential Decree. In such cases, this shall be limited to a person who has not received such recommended education within one year before he or she receives it: <Newly Inserted on Oct. 24, 2017; Dec. 22, 2020>

1. A person subject to or to be subject to a disposition to suspend his or her driver’s license on other grounds than those referred to in paragraph (2) 2 and 4, including the violation of traffic laws and regulations;

2. A person who is likely to be subject to a disposition to suspend his or her driver’s license due to the violation of traffic laws and regulations, etc.;

3. A person who has received the mandatory special traffic safety education under paragraph (2) by falling under paragraph (2) 2 through 4;

4. A person who

Article 73

is 65 years f age r lder n the date he r she intends to receive education, from among persons who have obtained a driver’s license.

(4) Any person driving an emergency motor vehicle, who is prescribed by Presidential Decree, shall receive education regarding the safe operation, etc. of emergency motor vehicles regularly as prescribed by Presidential Decree. <Newly Inserted on Oct. 24, 2017>

(5) Any person who is 75 years of age or older and intends to obtain a driver’s license shall undergo traffic safety education regarding each of the following matters before applying for an examination provided for in Article 83 (1) 2 and 3, and any person who is 75 years of age or older on the date of renewal of his or her driver’s license shall undergo such education within the renewal period of his or her driver’s license: <Newly Inserted on Mar. 27, 2018>

1. Matters concerning aging and safe driving;

2. Matters concerning drugs and driving;

3. Matters concerning coping with driving according to cognitive ability, such as memory and judgment;

4. Matters concerning the understanding of traffic-related statutes and regulations.

[This Article Wholly Amended on Jun. 8, 2011]

Article 73

Article 74 (Designation of Traffic Safety Educational Institutions)

(1) Traffic safety education (hereinafter referred to as "traffic safety education") that a person who intends to obtain a driver's license has to receive pursuant to Article 73 (1) shall be conducted by a specialized driving school provided for in Article 104 (1) and institutions or establishments designated by the commissioner of a City/Do police agency pursuant to paragraph (2). <Amended on Dec. 22, 2020>

(2) When any of the following institutions or establishments which meet the requirements for facilities, equipment, instructors, etc. prescribed by Presidential Decree files an application for its designation for conducting traffic safety education, the commissioner of a City/Do police agency may designate such institution or establishment as an institution that may conduct traffic safety education (hereinafter referred to as "traffic safety educational institution"): <Amended on Dec. 22, 2020>

1. A driving school provided for in Article 99;

2. The Road Traffic Safety Authority and the branch offices, sub-branch offices, and educational institutions thereof provided for in Articles 120 and 121;

3. An establishment attached to any university, which offers lifelong education curriculum provided for in Article 30 (2) of the

Article 74

Lifelong Education Act;

4. Any educational establishment operated by the Jeju Special Self-Governing Province or a Si/Gun/autonomous Gu.

(3) When designating any traffic safety educational institution pursuant to paragraph (2), the commissioner of a City/Do police agency shall issue a designation certificate prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

(4) No commissioner of a City/Do police agency shall designate any of the following institutions or establishments as a traffic safety educational institution: <Amended on Dec. 22, 2020>

1. An institution or establishment established and operated by a person who has established and operated a traffic safety educational institution, the designation of which has been revoked pursuant to Article 79, within three years from the date such designation has been revoked;

2. An institution or establishment established and operated in the same place within three years from the date the designation thereof has been revoked pursuant to Article 79.

[This Article Wholly Amended on Jun. 8, 2011]

Article 74

Article 75 (Persons in Charge of Operation of Traffic Safety Educational Institutions)

(1) When deemed necessary to efficiently manage educational affairs, the head of any traffic safety educational institution may appoint a person to be in charge of the operation of the traffic safety educational institution from among employees (excluding any instructor in charge of traffic safety education under Article 76 (1)) who work for the institution.

(2) The head of any traffic safety educational institution (when the head of any traffic safety educational institution appoints a person to be in charge of the operation of the traffic safety educational institution pursuant to paragraph (1), referring to the person in charge of the operation of the traffic safety institution; hereinafter the same shall apply) shall guide and supervise instructors in charge of the traffic safety education (hereinafter referred to as "instructors in charge of traffic safety education") and manage traffic safety educational affairs in order to ensure the fairness of its traffic safety educational affairs.

[This Article Wholly Amended on Jun. 8, 2011]

Article 76 (Qualifying Standards for Instructors in Charge of Traffic Safety Education)

(1) Every traffic safety educational institution shall employ instructors in

Article 75 ~ 76

charge of traffic safety educatio.

(2) Instructors in charge of traffic safety education referred to in paragraph (1) shall be any of the following:

1. Persons who hold certificates of qualifications as instructors for driving education, as delivered by the Commissioner General of the Korean National Police Agency pursuant to Article 106 (2);

2. Persons who have been engaged in administrative affairs or educational affairs involving road and traffic for at least two years and who have received education of qualifications as instructors in charge of traffic safety education prescribed by Presidential Decree.

(3) None of the following persons can become an instructor in charge of traffic safety education:

1. A person who is younger than 20 years old;

2. A person for whom two years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court for violating Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 5-3 of the Act on the Aggravated Punishment of Specific Crimes was not completely executed or exempted;

3. A person who is under suspension of the execution of his or her imprisonment

Article 76

without labor or heavier punishment declared by a court for violating Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 5-3 of the Act on the Aggravated Punishment of Specific Crimes;

4. A person who fails to obtain a driver's license that allows him or her to drive any motor vehicle, or who is a novice driver.

(4) No head of any traffic safety educational institution shall allow a person who is not an instructor in charge of traffic safety education to educate prospective drivers in traffic safety.

(5) When statutes and regulations governing roads and traffic are amended and it is deemed necessary to efficiently provide traffic safety education, the commissioner of a City/Do police agency may provide training and education for instructors in charge of traffic safety education, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

(6) Where instructors in charge of traffic safety education must undergo training and education pursuant to paragraph (5), the head of any traffic safety educational institution shall take measures to cause them to undergo such training and education where there is any unavoidable cause.

[This Article Wholly Amended on Jun. 8, 2011]

Article 77 (Confirmation of Participation in Traffic Safety Educat

Article 77

ion)

(1) When persons who intend to obtain a driver's license complete traffic safety education pursuant to Article 73 (1), instructors in charge of traffic safety education shall report details of each person's participation in traffic safety education to the head of the relevant traffic safety educational institution.

(2) Upon receiving a report referred to in paragraph (1), the head of any traffic safety educational institution shall issue a certificate of confirmation of education to each of the participants in the education meeting the standards prescribed by Presidential Decree and then report without delay such fact to the commissioner of the competent City/Do police agency. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 78 (Reporting on Suspension or Discontinuation of Operation of Traffic Safety Educational Institutions)

When the head of a traffic safety educational institution intends to suspend or discontinue the operation of the traffic safety educational institution for at least one month, he or she shall report thereon to the commissioner of the competent City/Do police agency by seven days before the date the head intends to suspend or discontinue the operation of the traffic safety educational institution, as prescribed by Ordinance of the

Article 78

Ministry of th Intrior and Safty. <Amndd on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 79 (Revocation of Designation of Traffic Safety Educational Institutions)

(1) When a traffic safety educational institution falls under any of the following cases, the commissioner of a City/Do police agency shall revoke the designation thereof or order it to suspend the operation thereof by fixing a period not exceeding one year, according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where it falls under subparagraph 3, he or she shall revoke the designation thereof: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. When a traffic safety educational institution fails to make a correction within 30 days from the date it receives a corrective order due to its non-compliance with the standards for designation provided for in Article 74 (2);

2. When the head of a traffic safety educational institution fails to take measures to cause instructors of traffic safety education to undergo training and education, in violation of Article 76 (6);

3. When the head

Article 79

of a traffic safety educational institution issues a certificate of confirmation of education to a person who fails to complete traffic safety educational courses, in violation of Article 77 (2);

4. When the head of a traffic safety educational institution fails to submit materials or make a report, or submits false materials or makes a false report, in violation of Article 141 (2);

5. When the head of a traffic safety educational institution refuses, impedes, or evades the access and inspection by relevant public officials, in violation of Article 141 (2).

(2) Where a traffic safety educational institution continues operating business, in violation of orders to suspend the operation thereof pursuant to paragraph (1), the commissioner of a City/Do police agency may revoke the designation thereof, according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

CHAPTER VIII DRIVERS' LICENSES

Article 80 (Drivers' Licenses)

(1) A person who intends to drive a motor vehicle, etc. shall obtain a driver's

Article 80

license from the commissioner of a City/Do police agency: Provided, That the same shall not apply where a person with a mobility disadvantage defined in subparagraph 1 of Article 2 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons drives a vehicle that can move up to 20 kilometers an hour among vehicles equipped with a motor defined in subparagraph 19 (b) of Article 2. <Amended on Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021>

(2) The commissioner of a City/Do police agency shall classify the scope of drivers' licenses as follows, based on the types of motor vehicles that can be driven, and manage such drivers' licenses by scope. In such cases, the types of motor vehicles that can be driven, based on such scope of the drivers' licenses, shall be determined by Ordinance of the Ministry of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017; Dec. 22, 2020>

1. Class I drivers' licenses:

(a) Drivers' licenses for large motor vehicles;

(b) Drivers' license for ordinary motor vehicles;

(d) Drivers' licenses for special motor vehicles:

(i) Drivers' licenses

Article 80

for large towing vehicles;

(ii) Drivers' licenses for small towing vehicles;

(iii) Drivers' licenses for recovery vehicles;

2. Class II drivers' licenses:

(a) Drivers' licenses for ordinary motor vehicles;

(b) Drivers' licenses for small motor vehicles;

3. Student licenses:

(a) Class I ordinary student licenses;

(b) Class II ordinary student licenses.

(3) The commissioner of a City/Do police agency may attach necessary conditions prescribed by Ordinance of the Ministry of the Interior and Safety, including restrictions on the structures of motor vehicles that can be driven, etc., according to the physical conditions or driving skills of persons entitled to drivers' licenses. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021>

(4) The commissioner

Article 80

of a City/Do police agency may set additional conditions or alter the conditions referred to in paragraph (3) according to the physical conditions or driving skills of persons who have taken aptitude tests pursuant to Articles 87 and 88. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 81 (Effect of Student Licenses)

A student license shall be effective for one year from the date on which such student license is obtained: Provided, That where a person who has obtained a student license obtains a Class I driver's license or a Class II driver's license, such student license shall become ineffective even if one year has elapsed from the date such license has been issued.

Article 82 (Grounds for Disqualification for Drivers' Licenses)

(1) Any of the following persons shall be disqualified from obtaining a driver's license: <Amended on Dec. 30, 2014; May 29, 2016; Dec. 24, 2019>

1. A person younger than 18 years of age (in cases of a motorcycle, referring to a person younger than 16);

2. A person determined by Presidential Decree as being a mentally-disordered person or an epilepsy patient who may cause any danger or impediment to traffic;

3. The deaf (limited to licenses for large motor vehicles and licenses for

Article 81 ~ 82

special motor vehicles, among Class I drivers' licenses), the blind (in cases of persons who have lost the sight of only one eye, limited to licenses for large motor vehicles and licenses for special motor vehicles, among Class I drivers' licenses), or the physically handicapped determined by Presidential Decree;

4. A person who has lost the parts under the elbow joints of both arms or a person who is unable to use both arms: Provided, That the same shall not apply where a person can normally drive a motor vehicle manufactured to meet the needs of that person's physical handicap;

5. A person determined by Presidential Decree as being addicted to narcotics, marijuana, psychotropic drugs, or alcoholism, which may cause any danger or impediment to traffic;

6. A person who intends to obtain a Class I driver' license for a large motor vehicle or special motor vehicle, who is younger than 19 years of age or with less than one year's experience in driving a motor vehicle (excluding any two-wheeled vehicle);

7. A person who does not have the nationality of the Republic of Korea and does not register as a foreigner pursuant to Article 31 of the Immigration Act (excluding persons exempted from registration as a foreigner), or a person who fails to report on the place of residence in the Republic of Korea pursuant to Article 6 (1) of the Act on the Immigration

Article 82

and Legal Status of Overseas Koreans.

(2) None of the following persons shall obtain a driver's license, unless the period set in the relevant subparagraph has lapsed: Provided, That where he or she is given a final sentence that is less severe than a fine or a sentence suspension, or where he or she is suspended of indictment or subject to a decision of protective detention under Article 32 of the Youth Act on any of the following grounds, he or she may obtain a driver's license even during the period prescribed in the relevant subparagraph: <Amended on Aug. 11, 2015; Dec. 24, 2018; Jun. 9, 2020; Jan. 12, 2021; Oct. 19, 2021; Jan. 11, 2022>

1. Where a person drives a motor vehicle, etc. in violation of Article 43 or 96 (3), one year (or six months where the driver intends to obtain a driver's license for a motorcycle and one year from the date of such violation in cases of violation of Article 46) from the date of such violation (where the driver's license is revoked on the grounds that the driver drives a motor vehicle in the period during which the driver's license is suspended, the date the driver's license is revoked; hereafter in this Article, the same shall apply): Provided, That where the driver fails to take necessary measures under Article 54 (1) and to report under Article 54 (2) after killing or injuring any other person, five years from the date of such violation;

2. Where a person drives a motor vehicle, etc. in violation of Article 43

Article 82

or 96 (3) at least three times, two years from the date of such violation;

3. Five years from the date the driver's license is revoked (where Article 43 or 96 (3) is violated simultaneously, referring to the date of such violation) in any of the following items:

(a) Where the driver fails to take necessary measures under Article 54 (1) and to report under Article 54 (2) after killing or injuring any other person while driving a motor vehicle, in violation of Article 44, 45 or 46 (including where Article 43 or 96 (3) is violated simultaneously);

(b) Where the driver kills any other person while driving a motor vehicle, in violation of Article 44 (including where Article 43 or 96 (3) is violated simultaneously);

4. Where a person fails to take measures or report under Article 54 (1) and (2) after killing or injuring any other person on grounds, other than those specified in Articles 43 through 46, four years from the date the driver's license is revoked;

5. Where a person causes a traffic accident at least two times while driving a motor vehicle while intoxicated in violation of Article 44 (1) or (2) (including where Article 43 or 96 (3) is violated simultaneously), three years from the date

Article 82

the driver's license is revoked (where Article 43 or 96 (3) is violated simultaneously, referring to the date of such violation) and where a person who commits any crime using a motor vehicle, etc., steals another person's motor vehicle, etc., or robs another person of his or her motor vehicle, etc., drives the motor vehicle in violation of Article 43, three years from the date of such violation;

6. Two years from the date the driver's license is revoked (where Article 43 or 96 (3) is violated simultaneously, referring to the date of such violation) in any of the following items:

(a) Where a person violates Article 44 (1) or (2) at least two times (including where Article 43 or 96 (3) is violated simultaneously);

(b) Where a person causes a traffic accident while driving a motor vehicle in violation of Article 44 (1) or (2) (including where Article 43 or 96 (3) is violated simultaneously);

(c) Where a person violates Article 46 at least two times (including where Article 43 or 96 (3) is violated simultaneously);

(d) Where the driver's license of a person is revoked on any ground in Article 93 (1) 8, 12, or 13;

7. Where the driver's

Article 82

license of a person is revoked on grounds, other than those specified in subparagraphs 1 through 6, one year (or six months where he or she intends to obtain a motorcycle driver's license and one year from the date the driver's license is revoked in violation of Article 46) from the date the driver's license is revoked: Provided, That the same shall not apply where a driver's license is revoked on any ground specified in Article 93 (1) 9;

8. Where a person remains subject to a disposition to suspend the driver's license, the period of such suspension;

9. Where a driver who drives with an international driver's license or a mutually recognized foreign driver's license under Article 96 is prohibited from driving a motor vehicle, the period of such prohibition.

(3) Notwithstanding the lapse of the disqualification period for a driver's license referred to in paragraph (2), a person subject to a disposition to revoke his or her driver's license pursuant to Article 93 shall not obtain a driver's license, if he or she fails to receive the mandatory special traffic safety education under Article 73 (2) after being subject to the relevant disposition. <Amended on Oct. 24, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 83 (Driver's License Tests)

(1) The driver's

Article 83

licene tet (excluding a tet for Cla I ordinary driver's license and a test for Class II ordinary driver's license) shall be held by the Road Traffic Authority established pursuant to Article 120 on any of the following matters according to the classification of driver's licenses under Article 80 (2): Provided, That the driver's license tests prescribed by Presidential Decree shall be held by the commissioner of a City/Do police agency or the Road Traffic Authority, as prescribed by Presidential Decree: <Amended on Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021>

1. The aptitude needed to drive motor vehicles, etc.;

2. The knowledge on statutes and regulations governing motor vehicles, etc. and road and traffic;

3. The methods needed to manage motor vehicles, etc. and the art needed to check motor vehicles in order to ensure safe traffic;

4. The skills needed to drive motor vehicles, etc.;

5. Knowledge and skills needed for eco-driving.

(2) Tests for Class I ordinary drivers' licenses and tests for Class II ordinary drivers' licenses shall be held by the Road Traffic Authority in order to test abilities of the test applicant to drive motor vehicles on the road. In such cases, tests for Class I ordinary drivers' licenses shall be held for persons who have received Class I ordinary student licenses and tests

Article 83

for Cla II ordinary driver' licene hall be held for persons who have received Class II ordinary student licenses, respectively.

(3) A person ineligible to receive a driver's license pursuant to Article 82 may not apply for a driver's license test.

(4) Any person who intends to apply for a driver's license test pursuant to paragraph (1) 2 and 3 shall receive traffic safety education provided for in Article 73 (1) or education of curricula in a driving school provided for in Article 104 (1) before he or she applies for such driver's license test.

(5) Methods, procedures, and other matters necessary for the driver's license tests referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 84 (Exemption from Driver's License Tests)

(1) Any of the following persons shall be exempted from part of a driver's license test, as prescribed by Presidential Decree: <Amended on Feb. 10, 2012; Dec. 2, 2016; Jun. 9, 2020; Jan. 12, 2021>

1. Any person who has graduated from the mechanic engineering department or the department of automotive mechanics of any university, any specialized college, or any technical engineering high school after completing subjects on motor vehicles;

Article 84

2. Any person who has passed a technical qualification examination for the repair and inspection of motor vehicles provided for in Article 10 of the National Technical Qualifications Act;

3. Any of the following persons who hold a driver's license that has been issued by an authorized foreign institution (hereinafter referred to as "foreign driver's license"):

(a) Any person who completes the registration for residency pursuant to Article 6 of the Resident Registration Act;

(b) Any person registered as a foreigner pursuant to Article 31 of the Immigration Act (hereinafter referred to as "registered foreigner") or any person exempted from being registered as a foreigner;

(d) Any person who reports his or her residency in the Republic of Korea pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter referred to as "foreign nationality Korean");

4. Any person who has driven a military motor vehicle that corresponds to

Article 84

a motor vehicle, etc. while serving in the military for at least six months;

5. Any person who intends to receive a driver's license again after his or her driver's license has been revoked due to a failure to undergo an aptitude test pursuant to Article 87 (2) or 88;

6. Any person who intends to include the type of motor vehicle that he or she can drive according to the classification provided for in Article 80 (2) after receiving a driver's license;

7. Any person who intends to receive a driver's license again after his or her driver's license has been revoked pursuant to Article 93 (1) 15 through 18;

8. Any person who holds a completion certificate or graduation certificate issued by a specialized driving school pursuant to Article 108 (5);

9. Any person recognized as having received a driver's license in the northern area of the demilitarized zone.

(2) With respect to persons who hold foreign drivers' licenses referred to in paragraph (1) 3 (referring to drivers' licenses obtained while residing in foreign countries for at least 90 days, which deliver their drivers' licenses and their drivers' licenses are neither temporary drivers' licenses nor drivers' licenses for driving practice), an exception from a driver's license

Article 84

test may be prescribed otherwise as prescribed by Presidential Decree, depending on whether the relevant foreign countries exempt persons who hold drivers' licenses of the Republic of Korea from the driver's license test, with the exception of the aptitude test (hereafter in this Article, referred to as "countries that recognize Korean drivers' licenses"): Provided, That foreign drivers' licenses held by foreigners residing in the Republic of Korea for purposes prescribed by Presidential Decree, such as diplomacy, official business, or research, shall be deemed drivers' licenses issued by authorized foreign institutions that recognize Korean drivers' licenses and with respect to any foreign country that has concluded an agreement with the Republic of Korea on the mutual recognition of the drivers' licenses among foreign countries that recognize Korean drivers' licenses, the driver may be exempted partially from the license test according to the terms of such agreement.

(3) When issuing a Korean driver's license to any foreigner who holds a foreign driver's license after exempting him or her from part of the driver's license test pursuant to paragraphs (1) 3 and (2), the Road Traffic Authority shall retrieve the foreign driver's license if the State that has issued the relevant foreign driver's license makes a request or if any other ground prescribed by Presidential Decree exists. In such cases, upon receipt of the request of the relevant institution of the State that has issued said foreign driver's license, the Authority may send the foreign driver's license to the relevant State. <Amended on Oct. 19, 2021>

[This Article Wholly

Article 84

Amended on Jun. 8, 2011]

Article 84-2 (Measures against Cheaters)

(1) The Commissioner General of the Korean National Police Agency shall invalidate the result of the relevant examination taken by a person who has cheated in an instructor qualification examination referred to in Article 106 or an examination for qualifying as a skill examiner referred to in Article 107, and the commissioner of a City/Do police agency or the Road Traffic Safety Authority shall invalidate the result of the relevant examination taken by a person who has cheated in a driver's license test referred to in Article 83, respectively. <Amended on Dec. 22, 2020>

(2) A person whose result of an examination becomes invalidated pursuant to paragraph (1) shall be prohibited from taking the relevant examination for two years from the imposition date of such disposition.

[This Article Newly Inserted on Jan. 27, 2016]

Article 85 (Issuance of Drivers' Licenses)

(1) Each person who intends to receive a driver's license shall pass a driver's license test.

(2) The commissioner of a City/Do police agency shall issue a driver's license prescribed by Ordinance of the Ministry of the Interior and Safety to each person who passes a driver's license test. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017;

Article 84-2 ~ 85

Dec. 22, 2020>

(3) Where a person who has received a driver's license obtains any additional driver's license, the scope of which is different from the one he or she has received, the commissioner of a City/Do police agency shall issue a driver's license by expanding the scope of his or her driver's license (referring to making an addition to the scope of the existing driver's license already received). <Newly Inserted on Dec. 30, 2014; Dec. 22, 2020>

(4) Where a person who has received a driver's license intends to have the scope of his or her driver's license reduced (referring to removing a scope from the existing scope of the driver's license already received), the commissioner of a City/Do police agency may issue a driver's license by reducing the scope of his or her driver's license. <Newly Inserted on Dec. 30, 2014; Dec. 22, 2020>

(5) Each driver's license shall take effect from the time when the principal or his or her agent is issued the driver's license under paragraphs (2) through (4). In such cases, even when the scope of a driver's license is expanded or reduced under paragraph (3) or (4), the effect of revocation or suspension of the relevant driver's license and the demerit points received or to be received under Article 93 shall be succeeded as they are. <Amended on Dec. 30, 2014>

[This Article Wholly Amended on Jun. 8, 2011]

Article 86 (Re-Issuance of Drivers' Licenses)

Article 86

When a person loses his or her driver's license or the driver's license is worn out, he or she may file an application with the commissioner of a City/Do police agency for the re-issuance of a driver's license, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 87 (Renewal of Drivers' Licenses and Regular Aptitude Tests)

(1) Each person who has obtained a driver's license shall receive such driver's license renewed by the commissioner of a City/Do police agency, as prescribed by Presidential Decree, within the period classified as follows: <Amended on May 29, 2016; Mar. 27, 2018; Dec. 22, 2020>

1. The first renewal period for driver's license is from January 1 through December 31 of the year to which the date 10 years (or 5 years for a person who is 65 years of age or older but younger than 75 years of age on the date he or she passes the driver's license test, 3 years for a person who is 75 years of age or older on such date, and 3 years for a person who obtains the driver's license for ordinary motor vehicles among Class I drivers' licenses as a person who has lost the sight of only one eye) elapse from the date reckoned from when he or she passes the driver's license test under Article 83 (1) or (2) belongs;

Article 87

2. The renewal period for driver's license, other than the first renewal period for driver's license referred to in subparagraph 1, is from January 1 through December 31 of the year to which the date every 10 years (or 5 years for a person who is 65 years of age or older but younger than 75 years of age on the immediately preceding renewal date, 3 years for a person who is 75 years of age or older on such date, and 3 years for a person who obtains the driver's license for ordinary motor vehicles among Class I drivers' licenses as a person who has lost the sight of only one eye) elapse from the immediately preceding renewal date for driver's license belongs.

(2) Any of the following persons shall take a regular aptitude test held by the Road Traffic Authority, within the renewal period for driver's license under paragraph (1), as prescribed by Presidential Decree:

1. A person who has obtained a Class I driver's license;

2. A person who is 70 years of age or older during the renewal period for driver's license from among those who have a Class II driver's license.

(3) No person who falls under the following subparagraphs shall receive his or her driver's license renewed: <Amended on Mar. 27, 2018>

1. A person who

Article 87

has failed t underg traffic safety educatin under Article 73 (5);

2. A person who has failed to take or pass a regular aptitude test under paragraph (2).

(4) When a person obliged to receive a renewed driver's license or take a regular aptitude test pursuant to paragraph (1) or (2) fails to have his or her driver's license renewed and issued or undergo the regular aptitude test within the fixed period due to overseas travel or military service or other reasons prescribed by Presidential Decree, such person may receive the renewed driver's license or take the regular aptitude test beforehand or may have the relevant period extended, as prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 87-2 (Verification of Identities of Persons to whom Drivers' Licenses are to be Issued)

(1) The commissioner of a City/Do police agency who intends to issue a driver's license pursuant to Article 85 (2) through (4), 86, or 87 (1) (hereafter in this Article and Article 137-2 (2), referred to as "issuance of a driver's license"), may verify the identity of the person who intends to be issued a driver's license through the relevant person's resident registration number, passport, photograph of an identification card, etc. prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017; Dec. 22, 2020>

Article 87-2

(2) Where it is difficult to verify the identity of the person in question by the method prescribed in paragraph (1), the commissioner of a City/Do police agency may verify it by comparing the fingerprint information with consent from the person who intends to be issued a driver's license. <Amended on Dec. 22, 2020>

(3) Where a person who intends to be issued a driver's license fails to comply with the procedures for verifying his or her identity prescribed in paragraph (2), the commissioner of a City/Do police agency may refuse to issue his or her driver's license. <Amended on Dec. 22, 2020>

[This Article Newly Inserted on Dec. 2, 2016]

Article 88 (Occasional Aptitude Tests)

(1) When a person who has obtained a Class I driver's license or a Class II driver's license (including a person who has obtained an international driver's license or a mutually recognized foreign driver's license as provided in Article 96 (1)) falls under the grounds prescribed by Presidential Decree, such as postnatal disability that impedes the safe driving of a motor vehicle, he or she shall take an occasional aptitude test held by the Road Traffic Authority. <Amended on Oct. 19, 2021>

(2) The period for occasional aptitude tests, notices and other matters necessary for the holding of occasional aptitude tests referred to

Article 88

in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 89 (Notification of Personal Information Pertaining to Occasional Aptitude Tests)

(1) The head of the agency prescribed by Presidential Decree who shall notify personal information pertaining to the postnatal physical disability, etc. of a person who is required to take an occasional aptitude test under Article 88 (1) shall notify the Commissioner General of the Korean National Police Agency of such personal information pertaining to occasional aptitude tests.

(2) The details of the personal information to be notified to the Commissioner General of the Korean National Police Agency pursuant to paragraph (1), methods of notification and other matters necessary for the notification of personal information shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 90 (Measures Taken for Persons Suspected of Suffering from Mental Illness)

Where there exist reasonable grounds that a person falling under any of the following subparagraphs falls under Article 82 (1) 2 or 5, the

Article 89 ~ 90

Road Traffic Authority may arrange for any medical specialist to perform a precise diagnosis of such person:

1. A person who undergoes the driver's license test under Article 83;

2. A person who takes the aptitude test under Article 87 (2) or Article 88 (1).

[This Article Wholly Amended on Jun. 8, 2011]

Article 91 (Temporary Driving Certificates)

(1) When any of the following persons applies for the issuance of a temporary driving certificate, the commissioner of a City/Do police agency may issue such temporary driving certificate to the applicant, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases falling under subparagraph 2, the commissioner of a City/Do police agency may issue the driver's license in which the matters prescribed by Ordinance of the Ministry of the Interior and Safety are entered in lieu of issuing the temporary driving certificate: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. Where a person who obtains a driver's license files an application for the re-issuance of a driver's license pursuant to Article 86;

2. Where a person applies for an aptitude test or the issuance of a renewed

Article 91

driver's license provided for in Article 87, or an occasional aptitude test provided for in Article 88;

3. Where a person subject to a disposition of revocation or suspension of his or her driver's license provided for in Article 93 submits his or her driver's license.

(2) Each temporary driving certificate referred to in paragraph (1) shall have the same effect as that of a driver's license during its effective period.

[This Article Wholly Amended on Jun. 8, 2011]

Article 92 (Duties to Carry and Produce Drivers' Licenses)

(1) The driver of a motor vehicle, etc. shall carry his or her driver's license, etc. falling under any of the following subparagraphs when he or she drives a motor vehicle: <Amended on Jun. 9, 2020; Jan. 12, 2021; Oct. 19, 2021>

1. A driver's license, international driver's license provided in Article 96 (1), or a mutually recognized foreign driver's license, or a construction machinery operator's license provided in the Construction Machinery Management Act (hereinafter referred to as "driver's license, etc.");

2. A certificate falling under the following items in lieu of the driver's license, etc.:

(a) A temporary

Article 92

driving certificate as provided for in Article 91;

(b) A written notice pertaining to the payment of a penalty or a written summons as provided for in Article 138;

(2) When a police officer requests a driver to produce his or her driver's license, etc. under paragraph (1) or a certificate in lieu thereof, or asks a question to confirm his or her identity or his or her driver's license for traffic safety or maintenance of traffic order, the driver shall comply with such request.

[This Article Wholly Amended on Jun. 8, 2011]

Article 93 (Revocation and Suspension of Drivers' Licenses)

(1) When a person who has obtained a driver's license (excluding any student license; hereafter in this Article, the same shall apply) falls under any of the following cases, the commissioner of a City/Do police agency may revoke the driver's license (including the entire scope of drivers' licenses obtained by the driver; hereafter in this Article, the same shall apply) or suspend it for up to one year according to the standards set by Ordinance of the Ministry of the Interior and Safety: Provided, That when such person falls under subparagraph 2, 3, 7, 8, 8-2, 9 (excluding where the regular aptitude test

Article 93

period has lapsed), 14, 16, 17, or 20, his or her driver's license shall be revoked (the scope of drivers' licenses required to be revoked for falling under subparagraph 8-2 shall be limited to those obtained by the relevant person by fraud or improper means); and when such person falls under subparagraph 18, his or her driver's license shall be revoked or suspended for a period of up to one year at the request of the relevant administrative agency unless there is good cause: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Aug. 11, 2015; Jan. 27, 2016; Jul. 26, 2017; Mar. 27, 2018; Dec. 24, 2018; Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021>

1. When any person drives a motor vehicle, etc. while intoxicated, in violation of Article 44 (1);

2. When a person who has violated Article 44 (1) or the latter part of Article 44 (2) (limited to cases of driving a motor vehicle, etc.; hereafter in this subparagraph and subparagraph 3, the same shall apply), falls under the grounds for suspension of his or her driver's license for violating paragraph (1) of that Article;

3. When a person fails to comply with a request for a breath alcohol testing from any police officer although the person is unquestionably believed to be driving a motor vehicle while intoxicated, in violation of the latter part of Article 44 (2);

4. When a person drives a motor vehicle, etc. although the person is likely

Article 93

to be unable to drive a motor vehicle, etc. normally on the grounds of being under the influence of drugs, in violation of Article 45;

5. When a person commits any dangerous collective conduct with others, in violation of Article 46 (1);

5-2. When a person recklessly drives a motor vehicle, in violation of Article 46-3;

5-3. Where a person drives a motor vehicle, etc. at a speed exceeding the maximum speed limit prescribed in Article 17 (1) and (2) by more than 100 kilometers per hour, in violation of Article 17 (3);

6. When a person fails to take necessary measures or to report pursuant to Article 54 (1) or (2) after killing or injuring any other person in a traffic accident;

7. When a person is ineligible to obtain a driver's license pursuant to Article 82 (1) 2 through 5;

8. When a person ineligible to obtain a driver's license pursuant to Article 82 obtains a driver's license or is found to have been issued a driver's license or other certificate in lieu of a driver's license in the period during which his or her driver's license is suspended;

8-2. Where they obtain certification by fraud or other improper means;

Article 93

9. When a person fails to take an aptitude test provided for in Article 87 (2) or 88 (1) or fails to pass such aptitude test;

10. When a person causes a traffic accident by intent or negligence while driving a motor vehicle, etc.;

10-2. When a person who has obtained a driver's license commits an offense under Article 258-2, 261, 284, or 369 of the Criminal Act, by using a motor vehicle, etc.;

11. When a person who has obtained a driver's license commits any of the following crimes, by using a motor vehicle, etc. as the tool or place of the relevant crime:

(a) Any crime under Articles 4 through 9 of the National Security Act, or the crime of fabricating, destroying or concealing any evidence under Article 12 of that Act;

(b) Any of the following crimes under the Criminal Act:

(i) Homicide, abandonment of a dead body, or arson;

(ii) Robbery, rape, or an indecent act by compulsion;

(iii) Kidnapping, abduction, or confinement;

(iv) Habitual larceny

Article 93

(limited to cases of transporting stolen goods);

(v) Obstruction of traffic (limited to a violation by the threat of collective force);

12. When a person steals or robs another person's motor vehicle, etc.;

13. When a person applies for a driver's license test provided for in Article 83 in order to assist another person to illegally obtain a driver's license;

14. When a person assaults any police officer, etc. or any Si/Gun public official engaging in traffic patrol pursuant to this Act;

15. When a person lends his or her driver's license to any other person in order to enable the latter to drive a motor vehicle or uses the driver's license of any other person to drive a motor vehicle;

16. When a person drives any motor vehicle unregistered pursuant to the Motor Vehicle Management Act or any motor vehicle (excluding any two-wheeled vehicle) for which a temporary driving permission is not obtained;

17. When any ground for revoking a student license accrues before a person obtains a Class I or II ordinary driver's license;

Article 93

18. When the head of any relevant administrative agency requests for disposition to revoke or suspend a driver's license pursuant to other Acts;

18-2. When a person drives a truck, in violation of Article 39 (1) or (4);

19. When a person violates this Act or any order issued or any disposition taken in accordance with this Act;

20. When a person returns, of his or her own will, his or her driver’s license to the commissioner of a City/Do police agency for the lapse of the license: Provided, That this shall not apply where the said driver’s license is subject to a disposition of revocation or suspension, or is in the period of suspension.

(2) The commissioner of a City/Do police agency may give demerit points to a person who violates traffic laws and regulations, or who causes any traffic accident, according to the extent of the violation, the resulting damage, etc. as prescribed by Ordinance of the Ministry of the Interior and Safety in order for such demerit points to be used as a basis for revoking or suspending drivers' licenses pursuant to paragraph (1). Where such demerit points exceed a certain threshold during a period set by Ordinance of the Ministry of the Interior and Safety, the drivers' licenses may be revoked or suspended, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26,

Article 93

2017; Dec. 22 2020>

(3) When a person who holds a student license causes any traffic accident by intent or negligence while driving a motor vehicle or violates this Act, or any order or disposition issued or taken pursuant to this Act, the commissioner of a City/Do police agency shall revoke his or her student license: Provided, That the same shall not apply where the accident is not attributable to the person or in other cases prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

(4) When the commissioner of a City/Do police agency intends to take a disposition to revoke or suspend a driver's license pursuant to paragraph (1) or (2) or intends to take a disposition to revoke a student license pursuant to paragraph (3), he or she shall pre-notify the party subject to the disposition of the terms of the disposition and a deadline for presenting his or her opinion, as prescribed by Ordinance of the Ministry of the Interior and Safety, and when the commissioner takes the disposition, he or she shall notify the party subject to the disposition of the grounds for such disposition and the period during which an administrative appeal may be filed, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That when the commissioner of a City/Do police agency intends to revoke a driver's license due to the party's failure to undergo an aptitude test provided for in Article 87 (2) or 88 (1), he or she shall notify the party subject to the disposition of the fact that if he or she fails to undergo the aptitude test before the date until which he or she can undergo an aptitude test arrives, his or her

Article 93

driver's license shall be revoked in lieu of the notice served before or after the disposition, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

[Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on May 25, 2017, was amended by Act No. 15530 on Mar. 27, 2018]

[Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on Jun. 25, 2020, was amended by Act No. 17891 on Jan. 12, 2021]

Article 94 (Filing of Objections to Disposition to Revoke or Suspend Drivers' Licenses)

(1) A person dissatisfied with a disposition to revoke or suspend his or her driver's license pursuant to Article 93 (1) or (2) or a disposition to revoke his or her student license pursuant to paragraph (3) of that Article may file an objection with the commissioner of a City/Do police agency within 60 days from the date that person is notified of the disposition, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

(2) The commissioner of a City/Do police agency shall establish a deliberative

Article 94

committee on administr dispositions for drivers' licenses (hereinafter referred to as "objection deliberative committee") to deliberate on objections filed under paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Aug. 11, 2015; Jul. 26, 2017; Dec. 22, 2020>

(3) A person who files an objection pursuant to paragraph (1) may file an administrative appeal pursuant to the Administrative Appeals Act, notwithstanding having filed an objection. In such cases, a person notified of the result of his or her objection after having filed an objection (excluding a person who files an administrative appeal pursuant to the Administrative Appeals Act before being notified of the result of such objection) may file an administrative appeal pursuant to the Administrative Appeals Act within 90 days from the date he or she is notified of the result of such objection.

(4) A person who is not a public official among the members of the objection deliberative committee shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act. <Newly Inserted on Aug. 11, 2015>

[This Article Wholly Amended on Jun. 8, 2011]

Article 94-2 (Inquiry about Criminal Records and Investigation Records)

The commissioner of a City/Do policy agency may inquire about criminal records

Article 94-2

and investigation r under Article 6 of the Act on the Lapse of Criminal Sentences in order to confirm whether a person who falls under any of the subparagraphs of Article 82 (2) has received a final judgment or disposition falling under the proviso of that paragraph in connection with a violation of a statute, which constituted a ground for disqualification for a driver's license, or whether a person whose driver's license was revoked or suspended under Article 93 (1) or (2) has been found not guilty in a final and conclusive judgment or determined not to be prosecuted in connection with a violation of a statute which caused such revocation or suspension.

[This Article Newly Inserted on Jan. 12, 2021]

Article 95 (Return of Drivers' Licenses)

(1) A person obtaining a driver's license falling under any of the following subparagraphs shall return such driver's license to the commissioner of a City/Do police agency having jurisdiction over that person's domicile within seven days (in cases falling under subparagraphs 4 and 5, when a driver submits his or her driver's license in order to obtain a new driver's license) from the date the grounds thereof occur: <Amended on Dec. 22, 2020>

1. When that person is subject to disposition of revocation of his or her driver's license;

2. When that person is subject to disposition of suspension of his or her driver's license;

Article 95

3. When that person lost his or her driver's license and finds such lost driver's license after having it reissued;

4. When a person who has obtained a student license receives a Class I ordinary driver's license or a Class II ordinary driver's license;

5. When a person has his or her driver's license renewed.

(2) A police officer may directly collect a driver's license possessed by any person who has failed to return his or her driver's license, in violation of paragraph (1).

(3) Where the commissioner of a City/Do police agency has been returned a driver's license pursuant to paragraph (1) 2 or has collected a driver's license from a person under paragraph (1) 2 pursuant to paragraph (2), he or she shall keep such driver's license in custody and return it immediately after the period of suspension expires. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

CHAPTER IX INTERNATIONAL DRIVERS' LICENSES

Article 96 (Driving of Motor Vehicles Using International Drivers' Licenses or Mutually Recognized Foreign Driver's Licenses)

Article 96

(1) A person who obtains a driver's license from the authorized foreign institution according to the Conventions, Agreement, or Arrangement prescribed in any of subparagraphs 1 through 3 (hereinafter referred to as "international driver's license") or a foreign driver's license recognized under subparagraph 4 (hereinafter referred to as "mutually recognized foreign driver's license") may drive a motor vehicle, etc. with such international driver's license or mutually recognized foreign driver's license for a period of one year from the date he or she enters the Republic of Korea, notwithstanding Article 80 (1). In such cases, the types of motor vehicles he or she may drive shall be limited to the ones that are entered in the international driver's license or the mutually recognized foreign driver's license: <Amended on Oct. 24, 2017; Jun. 9, 2020; Jan. 12, 2021; Oct. 19, 2021>

1. The Convention on Road Traffic concluded in Geneva in 1949;

2. The Convention on Road Traffic concluded in Vienna in 1968;

3. A Convention, Agreement, or Arrangement that mutually certifies international drivers’ licenses between the Republic of Korea and a foreign country;

4. A Convention, Agreement, or Arrangement that mutually certifies the driver's license issued by the Republic of Korea and the foreign country.

Article 96

(2) A person who is issued an international driver's license in any foreign country or a person who drives with a mutually recognized foreign driver's license shall be prohibited from driving any commercial motor vehicle as provided in the Passenger Transport Service Act or the Trucking Transport Business Act: Provided, That the same shall not apply where that person rents any rental motor vehicle provided in the Passenger Transport Service Act to drive such vehicle. <Amended on Oct. 19, 2021>

(3) A person falling under the grounds for disqualification from holding a driver's license provided for in Article 82 (2) and for whom the period that is classified in any subparagraph of that paragraph has not elapsed shall not drive any motor vehicle, notwithstanding paragraph (1).

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Oct. 19, 2021]

Article 97 (Prohibition against Driving Motor Vehicles)

(1) Where a person who drives any motor vehicle, etc. with an international driver's license or a mutually recognized foreign driver's license in the Republic of Korea pursuant to Article 96 falls under any of the following cases, the commissioner of a City/Do police agency having jurisdiction over such person's domicile may prohibit him or her from driving any motor vehicle, etc. with that international driver's license or mutually recognized foreign driver's license by up to one year according

Article 97

to the standards prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021; Oct. 19, 2021>

1. Where a person fails to undergo or pass an aptitude test provided for in Article 88 (1);

2. Where a person causes any traffic accident by intention or negligence while driving a motor vehicle;

3. Where a person holds Korean citizenship and for whom the period provided for in any subparagraph of Article 82 (2) has yet to elapse since his or her driver's license has been revoked or his or her driver's license has been suspended pursuant to Article 93 (1) or (2);

4. Where a person violates this Act, or any order issued or disposition taken pursuant to this Act with respect to the driving of a motor vehicle, etc.

(2) A person prohibited from driving a motor vehicle, etc. pursuant to paragraph (1) shall surrender without delay his or her international driver's license or mutually recognized foreign driver's license to the commissioner of a City/Do police agency who prohibits him or her from driving a motor vehicle using such international driver's license or mutually recognized foreign driver's license. <Amended on Dec. 22, 2020; Oct. 19, 2021>

(3) Where the prohibition

Article 97

period referred to in paragraph (1) elapses or the person subject to the disposition of the prohibition leaves the Republic of Korea during the prohibition period, the commissioner of a City/Do police agency shall return without delay such person's international driver's license or mutually recognized foreign driver's license that he or she has retained in custody at the relevant person's request. <Amended on Dec. 22, 2020; Oct. 19, 2021>

[This Article Wholly Amended on Jun. 8, 2011]

Article 98 (Issuance of International Drivers' Licenses)

(1) A person who obtains a driver's license pursuant to Article 80 and intends to be issued an international driver's license pursuant to the Convention on Road Traffic provided for in Article 96 (1) 1 shall file an application with the commissioner of a City/Do police agency therefor. <Amended on Dec. 22, 2020>

(2) The effective period of an international driver's license referred to in paragraph (1) shall be one year from the date of issuance thereof.

(3) An international driver's license referred to in paragraph (1) shall cease to have its effect, when the driver's license of the Republic of Korea of the relevant person to whom the international driver's license is issued, is lost or revoked.

(4) An international driver's license referred to in paragraph (1) shall be suspended

Article 98

during the suspension period, when the driver's license of the Republic of Korea of the relevant person to whom the international driver's license is issued, is suspended.

(5) Matters necessary for issuing international drivers' licenses referred to in paragraph (1) shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 98-2 (Restrictions on Issuance of International Drivers’ Licenses)

Where a person who intends to be issued an international driver’s license pursuant to Article 98 has an unpaid penalty or administrative fine (referring to a penalty or administrative fine imposed in violation of this Act; hereafter in this Article, the same shall apply), the commissioner of a City/Do police agency may refuse to issue the international driver’s license: Provided, That the same shall not apply during the period of payment of a penalty under Article 164 (1) or (2) or the period of payment of an administrative fine under Article 160, which is prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

[This Article Newly Inserted on Mar. 27, 2018]

CHAPTER X DRIVING SCHOOLS

Article 98-2

Article 99 (Registration of Driving Schools)

Each person who intends to establish and operate a driving school (hereinafter referred to as "driving school") shall have the driving school registered with the commissioner of a City/Do police agency, as prescribed by Presidential Decree, after meeting necessary conditions, such as facilities, equipment, etc. provided for in Article 101, the fixed number of instructors and the standards for their allocation to classes provided for in Article 103. The same shall apply where such person intends to change any of the registered matters prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 100 (Conditional Registration of Driving Schools)

(1) The commissioner of a City/Do police agency may accept the registration of any driving school as provided for in Article 99 on the condition that the facilities, equipment, etc. provided for in Article 101 be installed within the period prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

(2) When a person whose driving school has been registered pursuant to paragraph (1) fails to install the facilities, equipment, etc. within the period set under that paragraph without good cause, the commissioner of the competent City/Do police agency shall revoke its registration. <Amended on Dec. 22, 2020>

Article 99 ~ 100

[This Article Wholly Amended on Jun. 8, 2011]

Article 101 (Standards for Establishing Driving Schools)

Every driving school shall secure the facilities and equipment necessary for education, such as lecture rooms, skill-training courses, incidental facilities, etc. (including educational incidental facilities for training persons with physical disabilities) in accordance with the standards prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 102 (Grounds for Disqualification from Driving School Registration)

(1) None of the following persons can register a driving school pursuant to Article 99: <Amended on Aug. 11, 2015>

1. A person under adult guardianship;

2. A person who has not yet been reinstated after having been adjudicated bankrupt;

3. A person for whom three years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or the non-execution of such sentence became final, or a person who is under suspension

Article 101 ~ 102

of the execution of his or her imprisonment without labor or heavier punishment declared by a court;

4. A person whose qualifications are suspended or relinquished by the judgment of any court;

5. A person who establishes and operates a driving school and for whom one year has yet to elapse from the date the registration of the school is annulled pursuant to Article 113 (1) 1, 5 through 12, (2), and (4) or any person who intends to establish and operate a driving school in the same location within one year from the date the registration of a driving school is annulled;

6. A corporation, any executive officer of which falls under any of subparagraphs 1 through 5.

(2) Where a person who has established and operated a driving school falls under any subparagraph of paragraph (1), the registration of such driving school shall cease to have effect: Provided, That the same shall not apply where any executive officer of the corporation falls under paragraph (1) 6 and the executive officer is dismissed or replaced by any other executive officer within three months from the date the executive officer is found to fall under paragraph (1) 6.

[This Article Wholly Amended on Jun. 8, 2011]

Article 103 (Instructors and Educational Courses of Driving Schools)

Article 103

(1) Matters necessary for requirements for the qualifications of instructors in responsible for education in driving schools (referring to persons who educate prospective drivers in statutes and regulations governing roads and traffic, in a knowledge of roads and traffic, and skills to drive motor vehicles; hereinafter the same shall apply), the fixed number of instructors and the standards for allocating the instructors, etc. to classes shall be prescribed by Presidential Decree.

(2) Matters necessary for educational courses and methods of driving schools and standards for operating driving schools shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 104 (Designation of Specialized Driving Schools)

(1) The commissioner of a City/Do police agency may designate any driving school registered pursuant to Article 99 and meeting each of the following requirements, as a specialized driving school (hereinafter referred to as "specialized driving school"), as prescribed by Presidential Decree, in order to raise the standards of education concerning the driving of motor vehicles and to upgrade the quality of drivers: <Amended on Dec. 22, 2020>

1. A specialized driving school is required to appoint a superintendent (referring to a person in charge of the education of subjects and skills and the operation of the affairs of the

Article 104

specialized driving school; reinafter t same shall apply) who meets the qualifications specified under Article 105: Provided, That where a person who establishes and operates a specialized driving school fulfills the requirements for qualifications may concurrently serve as a superintendent, and in such cases, that person shall appoint an assistant superintendent who assists the superintendent:

2. A specialized driving school is required to appoint instructors provided for in Article 106 and skill examiners (referring to persons who perform the skill examinations provided for in Article 108; hereinafter the same shall apply) provided for in Article 107 according to the standards prescribed by Presidential Decree;

3. A specialized driving school is required to have the facilities and equipment in conformity with the standards prescribed by Presidential Decree and other facilities and equipment, etc. necessary to be designated as a traffic safety educational institution pursuant to Article 74 (2);

4. Methods of education, the abilities of graduates to drive motor vehicles, and the operation of the relevant specialized driving school shall comply with the standards prescribed by Presidential Decree.

(2) The commissioner of a City/Do police agency shall not designate any of the following driving schools as a specialized driving school:

Article 104

1. A driving school established and operated by a person (hereinafter referred to as "person who has established and operated a driving school, etc.") who has established and operated a driving school or specialized driving school (hereinafter referred to as "driving school, etc."), the registration of which has been revoked pursuant to Article 113 (excluding paragraph (1) 2 through 4), or a driving school established and operated by any former superintendent or vice superintendent within three years from the date the registration of such driving school has been revoked;

2. Where the registration of any driving school has been revoked pursuant to Article 113 (excluding paragraph (1) 2 through 4), the driving school established and operated in the same location within three years from the date the registration of such driving school has been revoked.

(3) When a specialized driving school designated pursuant to paragraph (1) intends to change important matters prescribed by Presidential Decree, it shall obtain approval therefor from the commissioner of a City/Do police agency having jurisdiction over the location of such specialized driving school. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 105 (Superintendents of Specialized Driving Schools)

Every superintendent

Article 105

or every vice superint shall be a person who fulfills each of the following requirements: <Amended on Aug. 11, 2015>

1. A person between 30 and 65 years of age;

2. A person who has a road traffic career for at least three years (limited to a carrier of managerial post) or a person who has an operations and management career of a driving school, etc. for at least three years and shall not fall under any of the following items:

(a) A minor or a person under adult guardianship;

(b) A person who has not yet been reinstated after having been adjudicated bankrupt;

(c) A person for whom two years (three years where he or she violates any subparagraph of Article 150) have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court for violating the provisions of this Act and other Acts was completely executed or the non-execution of such sentence became final (including where the execution of the sentence is deemed terminated);

(d) A person for whom three years have not elapsed since having been sentenced to a fine for violating any subparagraph of Article 150;

(e) A person

Article 105

who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;

(f) A person who is under suspension of the sentence of his or her imprisonment without labor or heavier punishment declared by a court;

(g) A person whose qualifications are suspended or relinquished by any Act or any court judgment;

(h) A person for whom two years have not elapsed since the date he or she was issued with a disposition of disciplinary actions or dismissal from office pursuant to the State Public Officials Act, the Police Officials Act, or other relevant Acts;

3. Where a person has established and operated a driving school, etc. or he or she was a superintendent or vice superintendent of the driving school, etc., the registration of which has been revoked pursuant to Article 113 (1) 1, 5 through 12, (2), or (4), a person for whom three years have elapsed since the date the registration thereof has been revoked.

[This Article Wholly Amended on Jun. 8, 2011]

Article 106 (Instructors of Specialized Driving Schools)

(1) Each person who intends to become an instructor of any specialized driving school shall pass an instructor qualification examination

Article 106

prescribed by Ordiace of the Miistry of the Iterior ad Safety, and shall complete the training and education aimed at training and educating prospective drivers in driving motor vehicles in any specialized institution designated by the Commissioner General of the Korean National Police Agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) The Commissioner General of the Korean National Police Agency shall issue the certificates of qualifications to persons who have the qualifications referred to in paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) Any of the following persons shall be disqualified from being an instructor of a specialized driving school:

1. A person who falls under Article 76 (3) 1 through 3;

2. A person for whom three years have yet to elapse from the date his or her instructor's certificate of qualification has been revoked in accordance with paragraph (4);

3. A person who fails to obtain a driver's license to drive any motor vehicle, etc. used to educate prospective drivers in upgrading skills and abilities necessary to drive their motor vehicles, etc. on the road provided for in Article 83 (1) 4 and (2) (hereinafter referred to as "skill training");

Article 106

4. A person for whom two years have not elapsed from the date he or she obtained his or her driver's license for driving a motor vehicle used in skill training.

(4) When a person who obtains an instructor's certificate of qualification pursuant to paragraph (2) falls under any of the following cases, the commissioner of a City/Do police agency may revoke such instructor's certificate of qualification according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety or suspend the effect of such instructor's certificate of qualification by fixing a period of up to one year: Provided, That where he or she falls under any of subparagraphs 1 through 5, such instructor's certificate of qualification shall be revoked and subparagraphs 5 and 6 shall not apply to any instructor assigned to educate prospective drivers in the knowledge, etc. necessary to drive motor vehicles, etc. pursuant to Article 83 (1) 2 and 3: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. Where a person takes delivery of a driver's license by fraud or other improper means;

2. Where a person is sentenced to imprisonment without labor or heavier punishment (including the suspension of execution) for violating Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 5-3 of the Act on the Aggravated Punishment of Specific Crimes;

Article 106

3. Where a person educates prospective drivers in a period during which his or her qualifications as an instructor are suspended;

4. Where a person lends his or her instructor's certificate of qualifications to any other person;

5. Where a person's driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles has been revoked;

6. Where a person's driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles has been suspended;

7. Where a person performs any illegal act in connection with the performance of his or her work as an instructor;

8. Where a person educates prospective drivers in driving motor vehicles in return for any payment, in violation of Article 116;

9. Where a person violates this Act, or any order issued or disposition taken under this Act.

(5) No superintendent of any specialized driving school shall require a person who is not an instructor to provide education for knowledge or skills necessary to drive motor vehicles.

[This Article Wholly

Article 106

Amended on Jun. 8, 2011]

Article 107 (Skill Examiners)

(1) Each person who intends to become a skill examiner shall pass the examination for qualifying as a skill examiner that is prescribed by Ordinance of the Ministry of the Interior and Safety and shall complete the training and education on the examination of skills to drive motor vehicles in any of the specialized institutions designated by the Commissioner General of the Korean National Police Agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) The Commissioner General of the Korean National Police Agency shall issue certificates of qualifications of skill examiners to persons who complete the training and education referred to in paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) None of the following persons shall become a skill examiner:

1. A person younger than 27 years of age;

2. A person who falls under Article 76 (3) 2 or 3;

3. A person for whom three years have yet to elapse since the date his or her qualifications as a skill examiner are revoked pursuant to paragraph (4);

4. A person who fails to receive a driver's license necessary for him

Article 107

or her to drive any motor vehicle used to perform skill examinations and for whom three years have yet to elapse since the date he or she received a driver's license.

(4) When any skill examiner falls under any of the following cases, the commissioner of a City/Do police agency may revoke the examiner's qualifications as a skill examiner according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety or suspend the effects of the qualifications as a skill examiner by fixing a period of up to one year: Provided, That where the examiner falls under any of subparagraphs 1 through 6, the qualifications as a skill examiner shall be revoked: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. Where a skill examiner falsely proves that he or she has passed an examination to qualify as a skill examiner under Article 108 (4);

2. Where a skill examiner is issued the certificate of qualifications as the skill examiner by fraud or other improper means;

3. Where a skill examiner is sentenced to imprisonment without labor or heavier punishment (including the suspension of execution) for violating Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 5-3 of the Act on the Aggravated Punishment of Specific Crimes;

Article 107

4. Where a skill examiner performs any skill examination during a period in which his or her qualifications as a skill examiner are suspended;

5. Where a skill examiner lends his or her certificate of qualifications as a skill examiner to any other person;

6. Where a skill examiner driver's license that enables him or her to drive a motor vehicle used to perform skill examinations has been revoked;

7. Where a skill examiner's driver's license necessary for him or her to drive a motor vehicle used to perform skill examinations has been suspended;

8. Where a skill examiner performs any illegal act with respect to the work of skill examiners;

9. Where a skill examiner violates this Act, or any order issued or disposition taken under this Act.

[This Article Wholly Amended on Jun. 8, 2011]

Article 108 (Skill Examinations)

(1) The commissioner of a City/Do police agency may require the superintendent of any specialized driving school to perform the skill examination of students of the relevant specialized driving school, as prescribed by Presidential Decree, in order to determine whether they have skills to drive motor vehicles or drive

Article 108

motor vehicles on the road pursuant to Article 83 (1) 4 and (2) (hereinafter referred to as "skill examination"). <Amended on Dec. 22, 2020>

(2) The superintendent of any specialized driving school shall require skill examiners to perform a skill examination for any of the following persons, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. A person who has completed education of classroom subjects and skill training aimed at upgrading skills necessary to drive any motor vehicle, etc. pursuant to Article 83 (1) 4 (hereinafter referred to as "skill training in a driving school");

2. A person who has completed skill training aimed at upgrading skills necessary to drive any motor vehicle, etc. on a road pursuant to Article 83 (2) (hereinafter referred to as "driving training on a road").

(3) No superintendent of any specialized driving school shall allow a person who is not a skill examiner to perform any skill examination.

(4) Every skill examiner shall attest to, in writing, those persons who successfully undergo a skill examination held by him or her, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 108

(5) With respect to persons who are attested to, in writing, by any skill examiner as those who successfully undergo a skill examination under paragraph (4), the superintendent of every specialized driving school shall issue a certificate of completion or a certificate of graduation to each of such persons according to the relevant kinds of skill examination, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 109 (Training, Education for Instructors)

(1) When deemed necessary to upgrade the quality of any of the following, the commissioner of a City/Do police agency may conduct training and education for them, as prescribed by Presidential Decree. In such cases, any person who establishes and operates a driving school, etc. and who is notified of the training and education shall conduct the training and education for them unless special grounds prevent such person from doing so and shall take measures to arrange for the persons referred to in subparagraphs 2 and 3 to participate in such training and education: <Amended on Dec. 22, 2020>

1. Any person who establishes and operates a driving school, etc.;

2. Any instructor of a driving school, etc.;

Article 109

3. Any skill examiner.

(2) Each person who establishes and operates a driving school, etc. shall post the names, ages, and careers of instructors as well as curricula of such driving school, etc., as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 110 (Tuition Fees)

(1) Any person who establishes and operates a driving school, etc. may collect tuition fees, costs incurred in performing skill examinations pursuant to Article 108, or usage charges, etc. (hereinafter referred to as "tuition fees, etc.") from students.

(2) Any person who establishes and operates a driving school, etc. shall determine tuition fees, etc. taking into account the details of education, education hours, etc. and then post them in the driving school, etc., as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) No person who establishes and operates a driving school, etc. shall receive any money in excess of tuition fees, etc. posted pursuant to paragraph (2).

(4) When the education

Article 110

of driving schools is deemed likely to deteriorate due to the excessive reduction in tuition fees, etc., the commissioner of the City/Do police agency may order the adjustment in the excessive reduction therein, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 111 (Refund of Tuition Fees)

(1) Where a student is unable to attend lectures or a driving school, etc. is unable to continue to operate the driving education because the registration of the driving school, etc. has been revoked, the relocation of the driving school, etc., the operation of the driving school, etc. has been suspended, or the designation of the driving school, etc. has been revoked, a person who establishes and operates a driving school, etc. shall take measures to refund tuition fees paid by students and shall protect students by assisting them to enroll in another driving school, etc.

(2) Matters necessary for the grounds for the refund of tuition fees, etc., the amount of refund and measures, etc. for assisting students to enroll in another driving school, etc. as referred to in paragraph (1) shall be prescribed by Presidential Decree.

(3) Where a student is enrolled in another driving school, etc. pursuant to paragraph (1), the education hours during which a student is educated in the previous driving school, etc. shall be deemed

Article 111

the education hours of the driving school, etc. in which such student is newly enrolled.

[This Article Wholly Amended on Jun. 8, 2011]

Article 112 (Reporting on Suspension or Closure of Driving Schools)

Where a person who establishes and operates a driving school, etc. closes, or suspends the operation of, the driving school, etc. for a period of at least one month, such person shall report thereon to the commissioner of a City/Do police agency within seven days from the date he or she closes, or suspends the operation of, the driving school, etc., as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 113 (Administrative Disposition Taken against Driving Schools)

(1) When a driving school, etc. falls under any of the following cases, the commissioner of a City/Do police agency shall revoke the registration thereof or order it to suspend the operation thereof by fixing a period of up to one year according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That when the driving school,

Article 112 ~ 113

etc. falls under subparagraph 1, its registration shall be revoked: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. Where a driving school, etc. has been registered pursuant to Article 99 or has been designated pursuant to Article 104 (1) by fraud or other improper means;

2. Where a driving school, etc. falls short of the facility standards provided for in Article 101;

3. Where a driving school, etc. fails to open by the time two months have elapsed since the date it is scheduled to open without good cause;

4. Where a driving school, etc. suspends its operation for at least two months without good cause;

5. Where a driving school, etc. operates by illegal means, changing registered matters without registering such changes;

6. Where a driving school, etc. violates the standards for posting instructors provided for in Article 103 (1) or the standards for posting skill examiners and instructors provided for in Article 104 (1) 2;

7. Where a driving school, etc. conducts its education in contrary to the educational courses, educational methods, operation standards, etc. provided for in Article 103 (2) or 104 (1)

Article 113

4, or verifies the completion of such education falsely;

8. Where a person who establishes and operates a driving school, etc. fails to comply with a request for training and education, and to take measures for instructors and skill examiners of the driving school, etc. to undergo training and education, in violation of the latter part of Article 109 (1);

9. Where a driving school, etc. fails to submit materials or to make a report pursuant to Article 141 (2) or submits false materials or makes a false report;

10. Where a driving school, etc. refuses, impedes, or evades access and inspection by public officials in charge of driving schools, etc. provided for in Article 141 (2);

11. Where a driving school, etc. fails to comply with an order issued to improve its facilities and equipment pursuant to Article 141 (2) and any other order with respect to necessary matters;

12. Where a driving school, etc. violates this Act, or any order issued or disposition taken under this Act.

(2) Where a specialized driving school falls under any of the following cases, the commissioner of a City/Do police agency may revoke the registration thereof or order it to suspend the operation thereof by fixing a period of up to one year, according to

Article 113

the standards prescribed by Ordinance f the Ministry f the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. Where a specialized driving school fails to conduct traffic safety education provided for in Article 74 (1);

2. Where a specialized driving school falls under the grounds for a disposition to cancel the designation of a traffic safety educational institution referred to in Article 79 or to suspend the operation thereof;

3. Where the operation of a specialized driving school is not in conformity with the standards provided for in Article 104 (1) 4;

4. Where a specialized driving school fails to obtain approval to change important matters, in violation of Article 104 (3);

5. Where the superintendent of a specialized driving school allows a person who is not an instructor to provide education for knowledge and skills, in violation of Article 106 (5);

6. Where a specialized driving school performs the skill examination of any person who has not completed knowledge and skills education concerning the driving of motor vehicles, or skill examination of any other person who has not completed driving training on a road, in violation of Article 108

Article 113

(2);

7. When the superintendent of a specialized driving school allows a person who is not a skill examiner to examine skills, in violation of Article 108 (3);

8. When any skill examiner of a specialized driving school falsely verifies a successful result for any skill examination test, in violation of Article 108 (4);

9. When the superintendent of a specialized driving school issues a certificate of completion or a certificate of graduation to a person who fails to pass a skill examination, in violation of Article 108 (5).

(3) Where a specialized driving school falls under any of the following cases, the commissioner of a City/Do police agency may revoke the designation thereof, according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. Where a specialized driving school is found not to be in conformity with the standards for designation provided for in Article 104 (1) 1 through 3;

2. Where the operation of a specialized driving school is suspended pursuant to paragraphs (1) and (2).

(4) Where a driving school, etc. continues to operate in violation of an order

Article 113

issued to suspend the operation thereof pursuant to paragraph (1) or (2), the commissioner of a City/Do police agency may revoke the registration thereof or order it to re-suspend the operation thereof by fixing a period of up to one year, according to the standards prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 114 (Hearings)

When intending to revoke the registration, designation, etc. of any driving school, etc. pursuant to Article 113, the commissioner of a City/Do police agency shall hold a hearing with regard thereto. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

Article 115 (Measures Taken against Driving Schools)

(1) Where any driving school, etc. established and operated without having been registered pursuant to Article 99 or designated under Article 104 (1), or any other driving school, etc., the registration thereof is revoked pursuant to Article 113, or is subject to a disposition to suspend the operation thereof, continues to conduct driving training, the commissioner of a City/Do police agency may take any of the following measures to close the relevant driving school, etc. or suspend the operation thereof: <Amended on Dec. 22, 2020>

Article 114 ~ 115

1. Measures to remove the signboard and signs of the relevant driving school, etc. and install facilities used to prevent students from entering the relevant driving school, etc.;

2. Measures to affix signs to the relevant driving school, etc., which publicly inform that the relevant driving school, etc. is an unregistered or non-designated establishment and is subject to an administrative disposition taken pursuant to Article 113.

(2) The measures referred to in paragraph (1) shall be taken within the minimum extent necessary to accomplish the objectives thereof.

(3) Public officials in charge of the measures referred to in paragraph (1) shall carry certificates evidencing their authority and produce them to interested parties.

[This Article Wholly Amended on Jun. 8, 2011]

Article 116 (Prohibition on Unregistered and Paid Driving Education)

No person who fails to have his or her driving school registered pursuant to Article 99 shall perform any of the following acts in return for payment:

1. Driving education

Article 116

of motor vehicles, etc. conducted outside a driving school, etc., or conducted in a driving school, etc., after borrowing the name of a driving school, etc.;

2. Installing facilities to practice driving a motor vehicle, etc. and soliciting people to make use of such facilities.

[This Article Wholly Amended on Jun. 8, 2011]

Article 117 (Prohibition on Using Similar Names)

(1) A person who fails to have his or her driving school registered pursuant to Article 99 shall not post or advertise its trading name using any name similar to that of the driving school.

(2) A person who fails to have his or her driving school registered pursuant to Article 99 shall not affix any sign similar to that of a motor vehicle of any driving school, which is used for driving training on a road, on any motor vehicle that he or she owns or rents.

(3) Any driving school that is not a specialized driving school provided for in this Act shall not use the title "specialized driving school" or any title similar thereto.

[This Article Wholly Amended on Jun. 8, 2011]

Article 118 (Legal Fiction of Superintendents of Specialized Drivi

Article 117 ~ 118

ng Schools as Public Officials)

The superintendent or vice superintendent of any specialized driving school, when verifying the details of skill examinations, and lecture participation, skill examiners, when conducting skill examinations and lecturers, when verifying lecture participation, respectively, shall be deemed public officials in the application of the Criminal Act and the penalty provisions of other Acts.

[This Article Wholly Amended on Jun. 8, 2011]

Article 119 (Federation of Specialized Driving Schools)

(1) The founders of specialized driving schools may form a federation of specialized driving schools (hereinafter referred to as the "Federation") in order to ensure the sound development of specialized driving schools and facilitate mutual cooperation among them and their common interests.

(2) The Federation shall be a corporation.

(3) Any of the following matters shall be included in the articles of association of the Federation:

1. Objectives;

2. Name;

3. The location of its principal office;

Article 119

4. Matters concerning the board of directors and its members;

5. Matters concerning its executive officers and employees;

6. Matters concerning its work;

7. Matters concerning its property and accounting;

8. Matters concerning any change in the articles of association.

(4) The articles of association referred to in paragraph (3) shall be authorized by the Commissioner General of the Korean National Police Agency. The same shall apply to cases where the articles of association is amended.

(5) The Federation shall perform the work falling under each of the following subparagraphs:

1. The study of ways to develop the specialized driving school system;

2. The development of educational facilities and teaching materials of specialized driving schools;

3. The study and development of ways to examine education and skills that are conducted by specialized driving schools;

Article 119

4. Projects aimed at facilitating the education, training and welfare of the superintendents, vice superintendents, skill examiners and instructors of specialized driving schools;

5. Matters commissioned by the Commissioner General of the Korean National Police Agency;

6. Other projects necessary to attain the objectives of the Federation.

(6) The Commissioner General of the Korean National Police Agency shall supervise the Federation as prescribed by Presidential Decree and may give orders necessary to ensure the sound operation of the Federation.

(7) The provisions governing incorporated associations under the Civil Act, with the exception of the provisions of this Act governing the Federation, shall apply mutatis mutandis to the Federation.

[This Article Wholly Amended on Jun. 8, 2011]

CHAPTER XI ROAD TRAFFIC AUTHORITY

Article 120 (Establishment of Road Traffic Authority)

(1) The Road Traffic Authority (hereinafter referred to as the "Authority") shall be established in order to prevent traffic danger and impediments

Article 120

on roads by keeping traffic in good order and raising the traffic safety through education, public relations, study and technological development of traffic safety and administration of driver's license tests.

(2) The Authority shall be a corporation.

(3) Matters necessary for the establishment and the registration of the Authority shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 121 (Establishment of Branch Offices)

The Authority may have a branch office, sub-branch office, research institute, traffic accident analysis center, educational institution, traffic report broadcasting station and driver's license test facilities.

[This Article Wholly Amended on Jun. 8, 2011]

Article 122 (Articles of Association)

(1) Any of the following matters shall be included in the articles of association of the Authority:

1. Objectives;

2. Name;

3. Location of principal

Article 121 ~ 122

office;

4. Matters concerning its projects;

5. Matters concerning the board of directors;

6. Matters concerning its executive officers and employees;

7. Matters concerning its property and accounting;

8. Matters concerning its operational fund;

9. Matters concerning public announcement;

10. Matters concerning any amendment to its articles of association.

(2) The Authority shall, when it intends to amend its articles of association, obtain authorization thereon from the Commissioner General of the Korean National Police Agency.

[This Article Wholly Amended on Jun. 8, 2011]

Article 123 (Projects)

The Authority shall undertake any of the following projects:

1. Surveying and studies conducted to map out measures to ensure the road traffic safety;

2. The research and development of road traffic safety technology, its dissemination

Article 123

and technical services;

3. Public relations and broadcasts concerning road traffic safety;

4. Education and training concerning road traffic safety and the issuance and management of certificates of qualifications;

5. Testing, inspecting, correcting, operating and managing the traffic safety facilities and traffic enforcement equipment as well as technical support;

6. The collection, publication and distribution of data pertaining to road traffic safety;

7. The recommendation of ways to resolve problems involving in the enforcement of statutes and regulations governing roads and traffic;

8. The introduction of foreign technology used to ensure the safety of road traffic, and international cooperation with foreign organizations involved in road traffic safety;

9. Technical support for the administration of road traffic safety, and support for educating and training public officials in charge of road traffic administrative affairs;

10. The inspection

Article 123

and analysis of road traffic accidents and related support services;

11. Administration of driver's license tests;

12. A regular aptitude test and occasional aptitude test on a person who has received a driver's license;

13. The work of the road traffic safety commissioned by the State or local governments;

14. Other work incidental to the work referred to in subparagraphs 1 through 13;

15. Other work necessary to attain the objectives of the Authority.

[This Article Wholly Amended on Jun. 8, 2011]

Article 124 (Bearing of Expenses)

When the Authority is commissioned by any corporation, organization or individual to perform the work related to the project activities provided for in Article 123, it may receive necessary expenses from such corporation, organization or individual.

[This Article Wholly Amended on Jun. 8, 2011]

Article 125 (Executive Officers)

The Authority

Article 124 ~ 125

shall have 11 or less directors including one president, and one auditor.

[This Article Wholly Amended on Jul. 23, 2010]

Article 126 Deleted. <Jul. 23, 2010>

Article 127 Deleted. <Jul. 23, 2010>

Article 128 Deleted. <Jul. 23, 2010>

Article 129 (Employees)

The employees of the Authority shall be appointed or dismissed by the president as prescribed by the articles of association.

[This Article Wholly Amended on Jun. 8, 2011]

Article 129-2 (Legal Fiction of Public Officials of Executive Officers and Employees of the Authority)

Where the penalty provisions under the Criminal Act or other Acts apply to affairs referred to in subparagraphs 11 through 13 of Article 123 and affairs which the Authority comes to conduct by proxy pursuant to Article 147 (5) and (6), executive officers and employees of the Authority shall be deemed public officials.

[This Article Newly Inserted on Jul. 23, 2010]

Article 129-3 (Prohibition of Divulgence of Confidential Informati

Article 126 ~ 129-3

on)

Any person who is or was an executive officer or employee of the Authority shall not divulge or use any confidential information by stealth he or she has learned in the course of his or her duties.

[This Article Wholly Amended on Jun. 8, 2011]

Article 130 (Operational Funds)

(1) The funds needed to operate the Authority and to undertake projects for road traffic safety shall be appropriated from the financial resources under any of the following subparagraphs:

1. Contributions and donations from the central government, local governments or individuals;

2. Revenues from performing projects pursuant to Article 123 and affairs entrusted or by agent pursuant to Article 147;

3. Profits that accrue from the management and operation of assets;

4. Subsidies, loans and borrowings (including any funds and any materials introduced from foreign countries);

5. Other revenues.

Article 130

(2) Where it is deemed necessary to implement projects provided for in Article 123, the Authority may receive subsidy, take loans or borrow the funds (including funds borrowed or materials introduced by any international institution, any foreign government or any foreigner) upon approval therefor from the Commissioner General of the Korean National Police Agency.

(3) When the authority has any surplus arising from the settlement of accounts at the end of any business year, it shall offset any loss brought forward and transfer any remainder to the annual revenues of the following year.

(4) Matters necessary for the purposes for the spending of and procedures for spending subsidies, loans or borrowings provided for in paragraph (1) 4 shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 131 (Investments)

(1) Where it is necessary to efficiently implement projects, the Authority may invest in or contribute to works related to projects provided for in Article 123.

(2) When the Authority intends to make any investment or contributions pursuant to paragraph (1), it shall obtain approval therefor from the Commissioner General of the Korean National Police Agency as prescribed by Presidential Decree.

Article 131

[This Article Wholly Amended on Jun. 8, 2011]

Article 132 (Gratuitous Leases of State-Owned Properties)

Where it is necessary for the facilities and the operation of the Authority, the State or local governments may gratuitously lease State-owned property and public property to the Authority and allow it to use them or to make a profit on them.

[This Article Wholly Amended on Jun. 8, 2011]

Article 133 Deleted. <Jul. 23, 2010>

Article 134 (Compilation of Budget and Approval)

The Authority shall compile a budget of the following fiscal year and undergo the resolution of the board of directors and then determine the budget with approval of the Commissioner General of the Korean National Police Agency before the commencement of the following fiscal year. The same shall also apply when it changes the budget.

[This Article Wholly Amended on Jun. 8, 2011]

Article 135 Deleted. <Jul. 23, 2010>

Article 136 (Mutatis Mutandis Application of the Civil Act)

The provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Authority unless otherwise prescribed

Article 132 ~ 136

by this Act.

[This Article Wholly Amended on Jun. 8, 2011]

CHAPTER XII SUPPLEMENTARY PROVISIONS

Article 137 (Management and Provision of Information pertaining to Drivers)

(1) The Commissioner General of the Korean National Police Agency shall establish and operate a data processing system to maintain and manage integrated information on drivers' licenses, traffic accidents, and violations of traffic laws and regulations.

(2) The commissioner of a City/Do police agency and the chief of a police station shall register and manage information on drivers' licenses, traffic accidents, and violations of traffic laws and regulations, and the Authority shall register and manage information on drivers' licenses in a data processing system pursuant to paragraph (1), respectively. <Amended on Dec. 22, 2020>

(3) Any driver or his or her agent may file an application with the commissioner of a City/Do police agency, the chief of a police station, or the Authority for a certificate of confirmation of the information referred to in paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

Article 137

(4) In receipt of an application referred to in paragraph (3), the commissioner of a City/Do police agency, the chief of a police station, or the Authority shall certify confirmation of information pertaining to the driver in the form of a document, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>

(5) Where any request is made to verify the authenticity of a driver's license, the Commissioner General of the Korean National Police Agency or the Authority may verify its authenticity by using the data processing system referred to in paragraph (1). <Newly Inserted on Dec. 30, 2014>

[This Article Wholly Amended on Jun. 8, 2011]

Article 137-2 (Request for Data)

(1) Where necessary to verify the place of sojourn or residence of a registered foreigner or foreign nationality Korean who holds a driver's license, the commissioner of a City/Do police agency may request the Minister of Justice, through the Commissioner General of the Korean National Police Agency, to provide the relevant information on the place of sojourn or residence. <Amended on Dec. 22, 2020>

(2) Where necessary to verify the identity of a registered foreigner or foreign nationality Korean who intends to be issued a driver's license, the commissioner of a City/Do police agency may request the Minister of Justice, through the Commissioner General

Article 137-2

of the Korean National Police Agency, to provide the fingerprint information of the relevant registered foreigner or foreign nationality Korean. <Amended on Dec. 22, 2020>

(3) Fees or charges for the use of information under paragraphs (1) and (2) shall be exempted.

[This Article Newly Inserted on Dec. 2, 2016]

Article 138 (Keeping of Drivers' Licenses in Custody)

(1) Where any driver of a motor vehicle, etc. falls under any of the following cases, police officers may deliver a notice for the payment of penalties or a written summons provided for in Article 164 to the driver of any motor vehicle, etc. on the spot and request the driver to surrender his or her driver's license in order to keep it in custody. In such cases, the fact that a driver's license, etc. is kept in custody shall be entered in the notice for the payment of a penalty or the written summons: <Amended on Oct. 19, 2021>

1. Where a driver causes any traffic accident;

2. Where a driver is deemed subject to disposition of the revocation or suspension of his or her driver's license pursuant to Article 93;

3. Where a holder of an international driver's license issued in any foreign country under Article 96 or of a mutually recognized foreign driver's license commits an offense provided in

Article 138

Article 162 (1).

(2) Each notice for the payment of a penalty or the written summons referred to in paragraph (1) shall have the same effect as that of a driver's license, etc. (excluding any student license) until the date the penalty is paid or the date appearance is made pursuant to the summons.

(3) Where any autonomous police officer keeps any driver's license, etc. in custody pursuant to paragraph (1), he or she shall notify thereof without delay, accompanied by the driver's license, etc. to the chief of the competent police station.

[This Article Wholly Amended on Jun. 8, 2011]

Article 138-2 (Subsidization of Expenses)

(1) The State may fully or partially subsidize expenses incurred in establishing and managing protection areas for children under Article 12 and protection areas for senior citizens and persons with disabilities under Article 12-2 to local governments, within the budget: Provided, That the subsidies shall be provided preferentially to protection areas where traffic accidents involving children, senior citizens, or persons with disabilities occur frequently. <Amended on Aug. 11, 2015; Oct. 16, 2018>

(2) The State or local governments may fully or partially subsidize expenses incurred in installing and managing child-check devices in Article 53 (5). <Newly Inserted on Oct. 16, 2018>

Article 138-2

[This Article Newly Inserted on Jul. 23, 2010]

[Title Amended on Oct. 16, 2018]

Article 139 (Fees)

(1) Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where the Commissioner General of the Korean National Policy Agency or the commissioner of a City/Do police agency has allowed the Authority to conduct business by agent pursuant to Article 147, any person shall pay fees determined and announced publicly by the Authority which conducts the relevant business by agent upon approval from the Commissioner General of the Korean National Policy Agency, to the Authority: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017; Dec. 22, 2020>

1. A person who files an application for designating an emergency motor vehicle provided for in subparagraph 22 of Article 2;

2. A person who files an application for permitting the traffic of a motor vehicle, the width of which is wider than that of a lane pursuant to Article 14 (3);

3. A person who files an application for permission for persons to board any motor vehicle or to load goods onto any motor vehicle in excess of the safety standards provided for in Article 39;

Article 139

4. A person who files an application for designation of any traffic safety educational institution pursuant to Article 74;

5. A person who files an application for the issuance or re-issuance of his or her driver's license pursuant to Articles 85 through 87;

6. Deleted; <Dec. 30, 2014>

7. A person who files an application for issuance of an international driver's license pursuant to Article 98;

8. A person who files an application for designation of a specialized driving school pursuant to Article 104;

9. A person who applies for a qualification examination for instructors or skill examiners pursuant to Articles 106 and 107, or files an application for the issuance of a certificate of qualification (including the re-issuance of a certificate of qualification);

10. Deleted; <Dec. 30, 2014>

11. Deleted. <Mar. 27, 2018>

(2) Any of the following persons shall pay fees determined and announced publicly by the Authority upon approval from the Commissioner General of the Korean National Police Agency:

Article 139

1. A person who applies for a driver's license test pursuant to Article 83;

2. A person who applies for a regular aptitude test or occasional aptitude test or applies for the deferment of an aptitude test pursuant to Articles 87 and 88.

[This Article Wholly Amended on Jun. 8, 2011]

Article 140 (Tuition Fees of Traffic Safety Educational Institutions)

A person who conducts education under Article 73 may receive tuition fees from students. <Amended on Oct. 24, 2017; Mar. 27, 2018>

[This Article Wholly Amended on Jun. 8, 2011]

Article 141 (Guidance and Supervision)

(1) The commissioner of a City/Do police agency shall properly guide and supervise traffic safety educational institutions, driving schools, etc. in order to ensure their sound development. <Amended on Dec. 22, 2020>

(2) Where deemed necessary, the commissioner of a City/Do police agency may request any of the following persons to submit or report matters concerning facilities, equipment, and education and submit various statistical data, or cause relevant public officials

Article 140 ~ 141

to enter relevant establishments to inspect facilities, equipment, books, and documents. In such cases, the commissioner of a City/Do police agency may order facilities and equipment to be upgraded if deemed necessary to do so: <Amended on Dec. 22, 2020>

1. The head of any traffic safety educational institution;

2. A person who establishes and operates any driving school, etc.;

3. The superintendent of any specialized driving school provided for in Article 104 (1) 1.

(3) The relevant public officials who enter any traffic safety educational institution or driving school, etc. in order to perform inspections under paragraph (2) shall carry a certificate evidencing their authority and produce it to interested parties.

(4) The Commissioner General of the Korean National Policy Agency shall direct and supervise the following matters, among affairs of the Authority and may issue orders necessary to accomplish the objectives for establishing the Authority: <Amended on Dec. 22, 2020>

1. Matters concerning organization management;

2. Matters concerning administration of driver's license tests and conducting business of regular or occasional aptitude tests;

Article 141

3. Matters concerning the business which the Commissioner General of the Korean National Police Agency entrusts, approves, or allows the Authority to conduct by agent and business which the commissioner of a City/Do police agency entrusts or allows the Authority to conduct by agent;

4. Other matters prescribed by related statutes and regulations.

[This Article Wholly Amended on Jun. 8, 2011]

Article 142 (Relation to Administrative Litigation)

No administrative litigation on any disposition taken pursuant to this Act shall be filed unless it has undergone an adjudication in an administrative trial.

[This Article Wholly Amended on Jun. 8, 2011]

Article 143 (Enforcement by Si/Gun Public Officials against Motor Vehicles Traveling in Exclusive Lanes)

(1) Where any driver is found to violate a duty not to travel along an exclusive lane under Article 15 (3), a duty to give the right of way to any emergency motor vehicle under Article 29 (4) and (5), or a duty not to stop and park a motor vehicle under Articles 32 through 34, Si/Gun public officials may issue a

Article 142 ~ 143

written notice forthwith clearly indicating the gist of such violation as well as the date on, and the place at, which the violator is to appear before the chief of the relevant police station (in cases of the Jeju Special Self-Governing Province, it shall refer to the Governor of the Jeju Special Self-Governing Province; hereafter in this Article, the same shall apply) on the spot and request the driver to present his or her driver's license and keep it in custody, as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the written notice shall have the same effect as that of a driver's license until the date the driver appears. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) When a Si/Gun public official issues a written notice pursuant to paragraph (1), he or she shall notify without delay the chief of the relevant police station thereof, accompanied by the relevant driver's license.

(3) In receipt of a written notice notified pursuant to paragraph (2), the chief of the relevant police station shall confirm the act of violation.

(4) No Si/Gun public officials shall abuse their authority, contrary to the intended purposes, when issuing a written notice and taking any other measure pursuant to paragraph (1).

[This Article Wholly Amended on Jun. 8, 2011]

Article 144 (Formulation of Traffic Safety Rules and Guidelines for Traffic Safety Education)

Article 144

(1) The Commissioner General of the Korean National Police Agency shall formulate traffic safety rules in which each of the following matters are addressed and disseminate such traffic safety rules widely: <Amended on Dec. 30, 2014>

1. The provisions of statutes and regulations governing road traffic safety;

2. Methods of handling motor vehicles and knowledge necessary to drive motor vehicles in a safe manner and in an environmental-friendly and economical manner;

3. Gist of making way for emergency motor vehicles;

4. Other matters necessary to ensure safe and smooth flow of traffic by removing and preventing danger and impediment on the road.

(2) The Commissioner General of the Korean National Police Agency shall formulate and disseminate guidelines for traffic safety education in which each of the following matters are addressed in order for persons who educate persons walking the road regarding traffic safety to educate them effectively and systematically: <Amended on Dec. 30, 2014>

1. Matters concerning the safe and environment-friendly and economical driving of motor vehicles, etc.;

2. Matters concerning the prevention and settlement of traffic accidents;

Article 144

3. Matters concerning safe movement of pedestrians;

4. Matters concerning the prevention of traffic accidents of children, persons with disabilities, and senior citizens;

5. Matters concerning the gist of making way for emergency motor vehicles;

6. Other matters necessary to efficiently educate people in traffic safety.

[This Article Wholly Amended on Jun. 8, 2011]

Article 145 (Provision of Traffic Information)

The Commissioner General of the Korean National Police Agency shall collect and analyze information necessary to ensure safe and smooth flow of traffic and promptly provide the public with the results thereof. <Amended on Jan. 17, 2008>

Article 145-2 (Large Area Traffic Information Project)

The Commissioner General of the Korean National Police Agency may require the commissioners of City/Do police agencies to promote a project in consultation with Mayors, etc., for which they collect large area traffic information, and through which they supply the public with the findings of analysis of the information interlinked with the traffic information of other areas.

Article 145 ~ 145-2

[This Article Newly Inserted on Jan. 17, 2008]

Article 146 (Merit Points for Accident-Free and Meritorious Drivers)

(1) The Commissioner General of the Korean National Police Agency may award merit points for accident-free and meritorious driving to any person who has not caused any traffic accidents while driving a motor vehicle after holding a driver's license for a certain period and any other person who has received a merit award from the head of any police agency pursuant to the statutes and regulations governing the citations by the Government.

(2) The type of merit points referred to in paragraph (1), persons eligible for merit points, and matters necessary for awarding merit points, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 8, 2011]

Article 147 (Commission and Entrustment)

(1) A Mayor, etc. may partially commission or entrust his or her authority or clerical work provided for in this Act, to the commissioner of a City/Do police agency or the chief of a police station, as prescribed by Presidential Decree. <Amended on Dec.

Article 146 ~ 147

22, 2020>

(2) The Special Metropolitan City Mayor and a Metropolitan City Mayor may partially commission his or her authority provided for in this Act, to the head of a Gu (referring to the head of an autonomous Gu) or Gun under his or her jurisdiction, as prescribed by Presidential Decree.

(3) The commissioner of a City/Do police agency may partially commission his or her authority or clerical work provided for in this Act to the chief of the competent police station or entrust such authority or clerical work to a specialized traffic educational institution, or specialized research institution, etc., as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

(4) The commissioner of a City/Do police agency or the chief of a police station may partially entrust the clerical work commissioned or entrusted by a Mayor, etc. pursuant to paragraph (1) to a specialized traffic educational institution or a specialized research institution, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

(5) The commissioner of a City/Do police agency may allow the Authority to partially conduct his or her affairs by proxy regarding drivers' licenses under this Act, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

(6) The Commissioner General of the Korean National Police Agency may allow the Authority to conduct affairs by agent related to qualification

Article 147

examinations on instructors and skill inspectors and issuance of certificates of qualification pursuant to Articles 106 and 107.

[This Article Wholly Amended on Jun. 8, 2011]

Article 147-2 (Re-Examination of Regulation)

The Commissioner General of the Korean National Police Agency shall examine the appropriateness of the following matters every three years from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year) and take such measures as the repeal, mitigation, or maintenance thereof:

1. Designation and management of protection areas for children provided for in Article 12: January 1, 2014;

2. Designation and management of protection areas for senior citizens and persons with disabilities provided for in Article 12-2: January 1, 2014.

[This Article Newly Inserted on Aug. 11, 2015]

CHAPTER XIII PENALTY PROVISIONS

Article 148 (Penalty Provisions)

A person who fails to take necessary measures provided for in Article 54 (1) when a traffic accident occurs (excluding persons who fail to provide personal information to a victim pursuant to Article

Article 147-2 ~ 148

54 (1) 2, where it is evident that only a motor vehicle in the state of stoppage or parking is damaged), shall be punished by imprisonment with labor for not exceeding 5 years or by a fine not exceeding 15 million won. <Amended on Dec. 2, 2016>

[This Article Wholly Amended on Jun. 8, 2011]

Article 148-2 (Penalty Provisions)

(1) A person who violates Article 10 (1) or (2) again within 10 years from the date on which his or her sentence becomes final and conclusive (including a person upon whom his or her sentence has lapsed) after having been sentenced to a fine or heavier punishment for violating Article 44 (1) or (2) (limited to cases where he or she drove a motor vehicle, etc. or a tram: Provided, That the cases where a person drove a personal mobility device shall be excluded herefrom; hereafter in this Article, the same shall apply) shall be punished according to the following classifications: <Amended on Jan. 3, 2023>

1. A person who violates Article 44 (2) shall be punished by imprisonment with labor for not less than one year but not more than six years or a by fine not less than five million won but not exceeding 30 million won;

2. A person whose blood alcohol concentration is not less than 0.2 percent among those who violate Article 44 (1) shall be punished by imprisonment with labor for not less than two years but not more than six years or by a fine not less than

Article 148-2

10 million won but not exceeding 30 million won;

3. A person whose blood alcohol concentration is not less than 0.03 percent but not exceeding 0.2 percent among those who violate Article 44 (1) shall be punished by imprisonment with labor for not less than one year but not more than five years or a by fine not less than five million won but not exceeding 20 million won.

(2) A person who provides a police officer with reasonable grounds to believe that he or she is intoxicated and fails to comply with a breath test required by the police officer pursuant to Article 44 (2) (limited to cases where he or she drives a motor vehicle, etc. or tram) shall be punished by imprisonment with labor for not less than one year but not more than five years or by a fine not less than five million won but not exceeding 20 million won. <Amended on Jan. 3, 2023>

(3) A person who drives a motor vehicle, etc. or tram while intoxicated, in violation of Article 44 (1) shall be punished according to the classification under each of the following subparagraphs:

1. A person whose blood alcohol content is not less than 0.2 percent shall be punished by imprisonment with labor for not less than two years but not more than five years or by a fine not less than 10 million won but not exceeding 20 million won;

Article 148-2

2. A person whose blood alcohol content is not less than 0.08 percent but less than 0.2 percent shall be punished by imprisonment with labor for not less than one year but not more than two years or a by fine not less than five million won but not exceeding 10 million won;

3. A person whose blood alcohol content is not less than 0.03 percent but less than 0.08 percent shall be punished by imprisonment with labor for not more than one year or a by fine not exceeding five million won.

(4) A person who drives a motor vehicle, etc. or tram in a state that he or she is likely not to drive normally under the influence of drugs, in violation of Article 45 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won.

[This Article Wholly Amended on Dec. 24, 2018]

[Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on May 26, 2022, was amended by Act No. 19158 on January 3, 2023]

[Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on August 31, 2022, was amended by Act No. 19158 on January 3, 2023]

[Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on November 25, 2021, was amended by Act No.

Article 148-2

19158 on January 3, 2023]

Article 149 (Penalty Provisions)

(1) A person who has operated signal apparatus and removed, relocated or damaged traffic safety facilities without approval therefor in violation of Article 68 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won.

(2) A person who has caused any traffic danger on any road by way of any act referred to in paragraph (1) shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 15 million won.

[This Article Wholly Amended on Jun. 8, 2011]

Article 150 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won:

1. A person who does or takes the lead in dangerous conduct with others, in violation of Article 46 (1) or (2);

2. Any traffic safety education instructor who falsely report the details of lecture participants as provided for in Article 77 (1);

3. The head of any traffic safety educational institution who issues a certificate

Article 149 ~ 150

of the education completion to a person who has not participated in such education or met the standards, in violation of Article 77 (2);

4. A person who has registered a driving school provided for in Article 99 or is designated by a specialized driving school provided for in Article 104 (1) by fraud or other improper means;

5. A person who has issued any certificate of completion or any certificate of graduation provided for in Article 108 (5) without having a specialized driving school designated pursuant to Article 104 (1);

6. A person who has conducted driving education for motor vehicles, etc. in return for fees, in violation of Article 116;

7. A person who divulges or uses confidential information by stealth, in violation of Article 129-3.

[This Article Wholly Amended on Jun. 8, 2011]

Article 151 (Penalty Provisions)

Where the driver of any motor vehicle or tram damages the building or goods of any other person due to negligent disregard or gross negligence, he or she shall be punished by imprisonment without labor for not more than two years or by a fine not exceeding five million won. <Amended on Mar. 27, 2018>

Article 151

[This Article Wholly Amended on Jun. 8, 2011]

Article 151-2 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won. <Amended on Jun. 9, 2020>

1. A person who recklessly drives a motor vehicle, etc., in violation of Article 46-3;

2. A person who drives a motor vehicle, etc. at a speed exceeding the maximum speed limit prescribed in Article 17 (1) and (2) by more than 100 kilometers per hour in violation of Article 17 (3) at least three times.

[This Article Newly Inserted on Aug. 11, 2015]

Article 152 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding three million won: <Amended on Oct. 19, 2021>

1. A person who has driven a motor vehicle without obtaining a driver's license (excluding a motorcycle driver's license; hereafter in this Article the same shall apply) under Article 80 (including cases where the driver's license is suspended) or an international driver's license or a mutually recognized foreign driver's license (including cases where

Article 151-2 ~ 152

the driving of any motor vehicle is prohibited and the effective period has expired) under Article 96, in violation of Article 43;

2. Any employer, etc. who has caused any person who has no driver's license (including any person whose driver's license is suspended) to drive any motor vehicle, in violation of Article 56 (2);

3. A person who has received a driver's license or a certificate of a driver's license or any certificate in lieu of a driver's license by fraud or other improper means;

4. A person who disposed of Articles on the road, which can impede the flow of traffic without permission therefor, in violation of Article 68 (2);

5. The head of any traffic safety educational institution who has caused any person who is not a traffic instructor to conduct the traffic safety education, in violation of Article 76 (4);

6. A person who has used any similar name, etc., in violation of Article 117.

[This Article Wholly Amended on Jun. 8, 2011]

Article 152-2 Deleted. <Jul. 23, 2010>

Article 153 (Penalty Provisions)

(1) Any of the

Article 152-2 ~ 153

following persons shall be punished by imprisonment with labor for not more than six months, by a fine not exceeding two million won, or by misdemeanor imprisonment: <Amended on Aug. 11, 2015>

1. A person who has caused another person to drive any poorly repaired motor vehicle or has driven any poorly repaired motor vehicle, in violation of Article 40;

2. A person who has not complied with or has rejected or impeded any request, any measure or any order of police officers pursuant to Article 41, 47, or 58;

3. A person who manufactures, imports, sells, or installs a device interfering with functions of traffic enforcement equipment for the purpose of avoiding traffic enforcement, in violation of Article 46-2;

4. A person who drives a motor vehicle with a device installed to interfere with functions of traffic enforcement equipment, in violation of Article 49 (1) 4;

5. A person who has impeded the act of making a report or taking measures when any traffic accident occurs, in violation of Article 55;

6. A person who has installed traffic safety facilities or other artificial structures similar thereto without permission therefor, in violation of Article 68 (1);

7. A person who

Article 153

has driven a mtr vehicle in vilatin f the cnditions provided for in Article 80 (3) or (4).

(2) Any of the following persons shall be punished by a fine not exceeding one million won or by misdemeanor imprisonment: <Newly Inserted on Aug. 11, 2015; Jun. 9, 2020>

1. A person who drives a motor vehicle intentionally violating Article 13 (3) on an expressway, an automobile road, or a road with median strip;

2. A person who drives a motor vehicle, etc. at a speed exceeding the maximum speed limit prescribed in Article 17 (1) and (2) by more than 100 kilometers per hour, in violation of Article 17 (3).

[This Article Wholly Amended on Jun. 8, 2011]

Article 154 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding 300,000 won or by misdemeanor imprisonment: <Amended on Mar. 27, 2018; Dec. 24, 2019; May 26, 2020; Jun. 9, 2020; Oct. 20, 2020; Oct. 19, 2021>

1. A person who has made paintwork, markings, etc. on a motor vehicle, etc. or has driven a motor vehicle with such paintwork, markings, etc., in violation of Article 42;

2. A person who has driven a motorcycle without obtaining a motorcycle driver's license provided in Article 80 (including cases

Article 154

where a driver' licene which allow an individual to drive a motorcycle is suspended), in violation of Article 43; and a person who has driven a motorcycle (excluding cases where he or she has driven a personal mobility device) without obtaining an international driver's license or a mutually recognized foreign driver's license that allows its holder to drive a motorcycle (excluding cases where driving is prohibited and where the effective period has expired) among international driver's licenses or mutually recognized foreign driver's licenses;

3. A person who has driven a motor vehicle, etc. or tram in a condition that he or she is likely not to drive normally due to overwork or illness (excluding cases where he or she drives a personal mobility device), in violation of Article 45;

3-2. An operator who has operated a school bus for children without having a guardian onboard, in violation of Article 53 (3);

3-3. Any driver who has failed to verify whether children or infants have alighted, in violation of Article 53 (4);

3-4. Any driver who has failed to operate child-check devices, in violation of Article 53 (5): Provided, That the same shall not apply where any device is out of service as it is temporarily dismounted for inspection or repair;

Article 154

3-5. A person who affixes a mark indicating the onboard presence of a guardian on a school bus for children while operating the bus without carrying a guardian, in violation of Article 53 (6);

4. A person who has failed to report or take measures when any traffic accident occurs, pursuant to Article 54 (2);

5. An employer who has caused a person who has not obtained a driver's license allowing the driver to drive a motorcycle (including cases where such driver's license is suspended) or a person who has not obtained an international driver's license or a mutually recognized foreign driver's license that allows him or her to drive a motorcycle among international drivers' licenses or mutually recognized foreign driver's licenses (including cases where driving is prohibited and the effective period has expired), to drive a motorcycle, in violation of Article 56 (2);

6. A person who has walked or crossed any expressway, etc., in violation of Article 63;

7. A person who has failed to report on his or her road work provided for in Article 69 (1), has violated the measures provided for in paragraph (2) of that Article, has failed to install the traffic safety facilities provided for in paragraph (3) of that Article, has failed to place safety personnel

Article 154

or safety guide devices in violation of paragraph (4) of that Article, or has failed to reinstate the traffic safety facilities, in violation of paragraph (6) of that Article;

8. A person who has violated any order issued by the chief of a police station pursuant to Article 71 (1);

9. A person who drives a motor vehicle, etc. at a speed exceeding the maximum speed limit prescribed in Article 17 (1) and (2) by more than 80 kilometers per hour (excluding a person who falls under subparagraph 2 of Article 151-2 and Article 153 (2) 2), in violation of Article 17 (3).

[This Article Wholly Amended on Jun. 8, 2011]

Article 155 (Penalty Provisions)

A person who has failed to comply with the request of any police officer to produce his or her driver's license or to make a statement to identify a driver, in violation of Article 92 (2) shall be punished by a fine not exceeding 200,000 won or by misdemeanor imprisonment.

[This Article Wholly Amended on Jun. 8, 2011]

Article 156 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding 200,000 won, by misdemeanor imprisonment, or by a minor fine: <Amended

Article 155 ~ 156

on Aug. 13, 2013; Jan. 28, 2014; Dec. 30, 2014; Aug. 11, 2015; Jan. 27, 2016; Dec. 2, 2016; Oct. 24, 2017; Mar. 27, 2018; Oct. 16, 2018; May 26, 2020; Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021; Oct. 19, 2021; Jan. 11, 2022>

1. The driver of any motor vehicle or tram or the rider of any horse who has violated Article 5, 13 (1) through (3) (in cases falling under Article 13 (3), excluding a person who drives a motor vehicle intentionally violating it on an expressway, an automobile road, or a road with median strip), or (5), 14 (2), (3), or (5), 15 (3) (including cases applied mutatis mutandis in Article 61 (2)), 15-2 (3), 16 (2), 17 (3) (excluding persons who fall under subparagraph 2 of Article 151-2, Article 153 (2) 2, and subparagraph 9 of Article 154), 18, 19 (1), (3), or (4), 21 (1), (3), or (4), 24, 25, 25-2, 26 through 28, 32, 33, 34-3, 37 (excluding paragraph (1) 2), 38 (1), 39 (1), (3), (4), and (5), 48 (1), 49 (excluding a person who drives a motor vehicle or tram in violation of paragraph (1) 1 or 3 of that Article and a person who drives a motor vehicle with a device installed on which to interfere with functions of traffic enforcement equipment, of the offenses referred to in subparagraph 4 of that paragraph), 50 (5) through (10) (excluding a person who drives a bicycle, in violation of paragraph (9) of that Article), 51, 53 (1) or (2) (excluding a driver who fails to make children or infants fasten their seat belts), 62, or 73 (2) (excluding subparagraph 1 of that paragraph);

2. The driver

Article 156

of any motor vehicle or tram who has violated any prohibition, restrictions, or measures provided for in Article 6 (1), (2), or (4), or 7;

3. A person who has violated Article 22, 23, 29 (4) through (6), 53-5, 60, 64, 65, or 66;

4. A person who has violated Article 31, 34, or 52 (4) or any order issued pursuant to Article 35 (1);

5. A person who has violated any restrictions imposed by the commissioner of a City/Do police agency pursuant to Article 39 (6);

6. Any driver who has failed to fasten his or her safety belt or to wear a life protection outfit (excluding bicycle riders), in violation of Article 50 (1), (3), or (4);

6-2. A driver of an autonomous driving motor vehicle who has failed to respond to the autonomous driving system's demand for direct operation without delay, in violation of Article 50-2 (1);

7. A person who has refused or interfered with collecting his or her driver's license by a police officer pursuant to Article 95 (2);

8. Deleted; <May 26, 2020>

9. Deleted; <May 26, 2020>

Article 156

9-2. Deleted; <May 26, 2020>

10. A person who has failed to provide personal information to a victim pursuant to Article 54 (1) 2, where it was evident that only a motor vehicle in the state of stoppage or parking was damaged;

11. A person who has ridden a bicycle, etc. while intoxicated, in violation of Article 44 (1);

12. A person with reasonable grounds deemed that he or she is intoxicated, who has failed to comply with a breath test required by a police officer pursuant to Article 44 (2) (limited to a person who rides a bicycle, etc.);

13. A person who has driven a personal mobility device without obtaining a driver's license allowing the driver to drive a motorcycle under Article 80 (including where such driver's license is suspended) or an international driver's license or a mutually recognized foreign driver's license that allows its holder to drive a motorcycle among international driver's licenses mutually recognized foreign driver's licenses (including cases where the driving is prohibited and the effective period has expired), in violation of Article 43.

[This Article Wholly Amended on Jun. 8, 2011]

Article 157 (Penalty Provisions)

Any of the following

Article 157

persons shall be punished by a fine not exceeding 200, 000 won, by misdemeanor imprisonment or by a minor fine:

1. Any pedestrian who has violated Articles 5, 8 (1) and 10 (2) through (5);

2. Any pedestrian who has violated any prohibition, any restrictions or measure provided for in Article 6 (1), (2), (4) or (7);

3. Pedestrians in a procession or the leader thereof, who have violated Article 9 (1) or the measures taken by police officers pursuant to paragraph (3) of that Article;

4. A person who has performed any prohibited act on a road, in violation of Article 68 (3).

[This Article Wholly Amended on Jun. 8, 2011]

Article 158 (Concurrent Sentence of Punishment)

A person who has committed any offense provided for in this Chapter may be concurrently sentenced to a fine, a minor fine, or misdemeanor imprisonment, depending on the extenuating circumstances.

[This Article Wholly Amended on Jun. 8, 2011]

Article 158-2 (Reduction or Exemption of Punishment)

Where the driver

Article 158 ~ 158-2

of an emgency motor vehicle (limited to motor vehicles referred to in subparagraph 22 (a) through (c) of Article 2 and motor vehicles for police prescribed by Presidential Decree) causes a traffic accident in the course of operating it for its own emergency purpose, the punishment provided for in Article 151 hereof, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, or Article 5-13 of the Act on the Aggravated Punishment of Specific Crimes may be reduced or exempted. <Amended on Jan. 12, 2021>

[This Article Newly Inserted on Jan. 27, 2016]

Article 159 (Joint Penalty Provisions)

Where the representative of a corporation, or an agent or employee of, or other persons employed by, a corporation or an individual commits any violations described in Articles 148, 148-2, and 149 through 157 in connection with the business affairs of the corporation or the individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine or minor fine prescribed in the relevant Article: Provided, That this shall not apply to cases where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violations.

[This Article Wholly Amended on Jun. 8, 2011]

Article 160 (Administrative Fines)

(1) Any of the

Article 159 ~ 160

following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jan. 28, 2014; May 26, 2020>

1. A person who has failed to report the suspension or discontinuation of the operation of a traffic safety educational institution, in violation of Article 78;

2. A person who has failed to post the personal information of instructors and curricula, in violation of Article 109 (2);

3. A person who has failed to post tuition fees, etc., in violation of Article 110 (2), or has received tuition fees in excess of the posted tuition fees, etc., in violation of paragraph (3) of that Article;

4. A person who has failed to take measures necessary to protect students, including the refund of tuition fees, etc., in violation of Article 111;

5. A person who has failed to report the suspension or closure of a driving school or a specialized driving school, in violation of Article 112;

6. A person who has removed signboards or signs provided for in Article 115 (1), has refused, impeded, or evaded the installation of facilities or the affix of signboards or signs, or has removed installed facilities or affixed signboards or signs without permission therefor;

Article 160

7. An operator who has operated a school bus for children without filing a report under Article 52 (1);

8. An operator who has operated a school bus for children without meeting the requirements provided in Article 52 (3).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 200,000 won: <Amended on Jan. 28, 2014; Dec. 30, 2014; Oct. 24, 2017; Mar. 27, 2018; May 26, 2020; Jan. 12, 2021>

1. Any driver of a motor vehicle or tram who has violated Article 49 (1) (only applicable to subparagraphs 1 and 3 of that paragraph);

2. Any driver who has failed to require all passengers to fasten their seat belts, in violation of Article 50 (1);

3. Any driver who has failed to have all passengers wear their safety harnesses (excluding bicycle riders), in violation of Article 50 (3) or (4);

4. Any operator of a school bus for children who has failed to keep a certificate of report in the school bus for children, in violation of Article 52 (2);

4-2. Any driver who has failed to make children or infants onboard the school bus for children fasten their seat belts, in violation

Article 160

of Article 53 (2);

4-3. Any person who has failed to receive safety education regarding school buses for children, in violation of Article 53-3 (1);

4-4. Any operator of a school bus for children who has made a person who did not receive safety education regarding school buses for children drive a school bus for children or accompany children on a school bus for children, in violation of Article 53-3 (3);

4-5. Any operator of a school bus for children who fails to submit safety operation records, in violation of Article 53 (7);

5. Any driver who has violated matters to be observed on the expressway, etc. pursuant to Article 67 (2);

6. Any person who has failed to receive education regarding the safe operation, etc. of emergency motor vehicles, in violation of Article 73 (4);

7. Any person who has failed to have his or her driver's license renewed during his or her driver's license renewal period, in violation of Article 87 (1);

8. Any person who has failed to receive a regular or occasional aptitude test, in violation of Article 87 (2) or 88 (1);

Article 160

9. A guardian of a child who has let the child drive a personal mobility device, in violation of Article 11 (4).

(3) Where it is proved by any photograph, videotape, or visual recorder that a motor vehicle or tram has violated Article 5, 6 (1) or (2) (referring to prohibition or restriction of traffic), 13 (1), (3), or (5), 14 (2) or (5), 15 (3) (including where cases applied mutatis mutandis in Article 61 (2)), 17 (3), 18, 19 (3), 21 (1) or (3), 22, 23, 25 (1), (2), or (5), 25-2 (1) or (2), 27 (1) or (7), 29 (4) or (5), 32 through 34, 37 (excluding paragraph (1) 2), 38 (1), 39 (1) or (4), 48 (1), 49 (1) 10, 11, 11-2, 50 (3), 60 (1) or (2), 62, or 68 (3) 5, and where such motor vehicle or tram falls under any of the following cases, the employer, etc. provided in Article 56 (1) shall be subject to an administrative fine not exceeding 200,000 won: <Amended on May 22, 2013; Dec. 2, 2016; Mar. 27, 2018; Jan. 11, 2022>

1. Where it is impracticable to issue a written notice provided for in Article 143 (1) because the driver who has performed the violation cannot be identified (limited to where he or she violates Article 15 (3), 29 (4) or (5), 32, 33, or 34);

2. Where it is impracticable to take a disposition to serve a notice pursuant to Article 163.

(4) Notwithstanding paragraph (3), in any of the following cases, no disposition shall be taken to impose an administrative fine: <Amended

Article 160

on Aug. 11, 2015; Mar. 27, 2018>

1. Where the relevant motor vehicle or tram has been stolen or where there is any other unavoidable cause;

2. Where a driver is punished pursuant to Article 156 for the relevant violation (including where the driver is subject to a disposition to serve a notice for payment of a penalty pursuant to Article 163);

3. Where a driver who has committed a violation is identified as a result of submitting an opinion under Article 16 (2) of the Act on the Regulation of Violations of Public Order or raising an objection under Article 20 (1) of that Act;

4. Where it is clear that a driver has rented a motor vehicle only, which is a lent motor vehicle by a motor vehicle rental business operator under the Passenger Transport Service Act or an equipment rental business operator under the Specialized Credit Finance Business Act.

[This Article Wholly Amended on Jun. 8, 2011]

Article 161 (Imposition and Collection of Administrative Fines)

(1) Administrative fines provided for in Article 160 (1) through (3) shall be imposed and collected by the following persons, as prescribed by Presidential Decree: <Amended on Jan. 28, 2014; Jan. 27, 2016; Mar. 27, 2018; May 26, 2020; Dec. 22, 2020>

Article 161

1. Administrative fines provided for in Article 160 (1) through (3) (excluding where the traffic of exclusive lanes provided for in Article 15 (3), the stopping or parking of motor vehicles provided for in Articles 32 through 34, the submission of safety operation records under Article 53 (7), safety education regarding school buses for children provided for in Article 53-3 (1), or obligation of operators of school buses for children provided for in Article 53-3 (3) is violated): The commissioner of a City/Do police agency;

2. Administrative fines provided for in Article 160 (1) (limited to where Article 52 (1) or (3) is violated), (2) (limited to where any of Articles 49 (1) 1 and 3, 50 (1) and (3), 52 (2), 53 (2), and 53-3 (1) and (3) is violated), or (3) (limited to where any of Articles 5, 13 (3), 15 (3), 17 (3), 29 (4) and (5), and 32 through 34 is violated): Jeju Special Self-Governing Province Governor;

3. Administrative fines provided for in Article 160 (2) 4-3, 4-4, and 4-5 and (3) (limited to a violation of Articles 15 (3), 29 (4) and (5), and 32 through 34): Mayors, etc.;

4. Administrative fines provided for in Article 160 (2) 4-3, 4-4, and 4-5: The superintendent of an office of education.

(2) The commissioner of a City/Do police agency may partially entrust affairs

Article 161

related to the collection of administrative fines under this Act, to the Korea Asset Management Corporation established under the Act on the Establishment of Korea Asset Management Corporation, as prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016; Nov. 26, 2019; Dec. 22, 2020>

[This Article Wholly Amended on Jun. 8, 2011]

[Title Amended on Jan. 27, 2016]

Article 161-2 (Method of Paying Administrative Fines)

(1) Where the amount of an administrative fine to be paid is less than the amount prescribed by Presidential Decree, it may be paid by credit card, debit card, etc. (hereinafter referred to as "credit card, etc."), through an institution receiving administrative fines by agent prescribed by Presidential Decree. In such cases, an "institution receiving administrative fines by agent" means an institution conducting settlement by credit card, etc., by making use of an information and communications network, and designated as an institution receiving administrative fines by agent, as prescribed by Presidential Decree.

(2) Where an administrative fine is paid by credit card, etc. pursuant to paragraph (1), the date of approval by an institution receiving administrative fines by agent shall be deemed the date of payment.

(3) An institution receiving administrative fines by agent may receive fees from

Article 161-2

payers in exchange for services receiving administrative fines by proxy by credit card, etc., as prescribed by Presidential Decree.

(4) Matters necessary for designation and operation of institutions receiving administrative fines by agent and fees for receiving by agent, etc., shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 8, 2011]

Article 161-3 (Formulation and Implementation of Plans for Operating Information System for Receiving Administrative Fines and Penalties)

In order to enable a person to verify the details of administrative fines and penalties conveniently and to make electronic payment (referring to the payment made through means linked with the Internet, telephone communications equipment, or automatic teller machines), the Commissioner General of the Korean National Police Agency may formulate and implement a plan for operating an information system for receiving administrative fines and penalties, which includes the following:

1. Linkage between information and communications networks of institutions receiving administrative fines and penalties by agent and the integrated processing system for receiving administrative fines and penalties;

2. Real-time processing

Article 161-3

of payment of administrative fines and penalties and operation of the integrated processing system for receiving administrative fines and penalties;

3. Other matters necessary for formulating and implementing plans for operating such information system prescribed by Presidential Decree.

[This Article Newly Inserted on Jan. 27, 2016]

CHAPTER XIV SPECIAL PROVISIONS ON TREATMENT OF VIOLATION OF REGULATIONS

Article 162 (General Provisions)

(1) "Violation of regulations" in this Chapter means the act of violation falling under any subparagraph of Article 156 or any subparagraph of Article 157, and the specific scope shall be prescribed by Presidential Decree.

(2) "Violator" in this Chapter means a person who commits a violation and falls under any of the following subparagraphs:

1. A driver who fails to produce his or her driver's license, etc. or a certificate in lieu thereof, or to answer a question of a police officer about his or her identity and the confirmation of his or her driver's license pursuant to Article 92 (1) at the time he or she commits a violation;

Article 162

2. A person who causes any traffic accident by violating regulations: Provided, That a person who is not subject to punishment for negligence in the conduct of business resulting in injury or death or gross negligence resulting in injury or death as provided for in Articles 3 (2) and 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, or a person who is exempted from the punishment provided for in Article 151 of this Act, shall be excluded.

(3) "Penalty" in this Chapter means the amount that a violator must pay to the National Treasury or the depository of the Jeju Special Self-Governing Province in compliance with a notification disposition provided for in Article 163 and the amount of penalties shall be prescribed by Presidential Decree according to nature of the violation and the type of motor vehicle, etc. involved.

[This Article Wholly Amended on Jun. 8, 2011]

Article 163 (Notification Disposition)

(1) With respect to a person deemed a violator, the chief of a police station or the Governor of the Jeju Special Self-Governing Province (in cases of the Governor of the Jeju Special Self-Governing Province, the act of violation provided for in Articles 15 (3), 39 (6), 60, 62, 64 through 66, 73 (2) 2 through 5, and 95 (1) which are applied mutatis mutandis pursuant to Articles 6 (1) and (2), and 61 (2) shall be excluded) may notify

Article 163

him or her of the payment of his or her penalty amount in the penalty payment notification clearly indicating the grounds for imposition of such penalty: Provided, That the same shall not apply to any of the following persons: <Amended on Dec. 30, 2014; Oct. 24, 2017; Oct. 20, 2020>

1. A person whose name or domicile is unidentified;

2. A person who is likely to abscond;

3. A person who refuses to receive a penalty payment notification.

(2) Where the Governor of the Jeju Special Self-Governing Province takes a disposition to serve the notification pursuant to paragraph (1), he or she shall notify the chief of the relevant police station thereof.

[This Article Wholly Amended on Jun. 8, 2011]

Article 164 (Payment of Penalty)

(1) A person who receives a notice for the payment of a penalty pursuant to Article 163 shall pay such penalty to the national treasury bank or its branch office or agency, or a post office designated by the Commissioner General of the Korean National Police Agency or any financial company, etc. or its branch office designated by the Governor of the Jeju Special Self-Governing Province within 10 days from the date on which he or she receives a penalty payment notification: Provided, That

Article 164

when he or she is unable o pay he penaly wihin he period due to natural disaster or inevitable reasons, he or she shall pay the penalty within 5 days from the date on which such inevitable reasons cease to exist.

(2) A person who fails to pay the penalty within the payment period referred to in paragraph (1) shall pay the amount of the penalty in addition to 20/100 of the amount of penalty of which he or she is notified within 20 days from the date following the date on which the payment period expires.

(3) No one who pays a penalty pursuant to the provisions of paragraph (1) or (2) shall be punished any further again for the selfsame offense.

[This Article Wholly Amended on Jun. 8, 2011]

Article 164-2 (Methods for Paying Penalties)

Article 161-2 shall apply mutatis mutandis to methods for paying penalties. In such cases, "administrative fines" shall be construed as "penalties."

[This Article Newly Inserted on Jan. 27, 2016]

Article 165 (Treatment of Persons who Fail to Implement Notification Disposition)

(1) The chief of a police station or the Governor of the Jeju Special Self-Governing Province shall file a claim for summary judgment against

Article 164-2 ~ 165

any of the following persons, without delay: Provided, That the same shall not apply to a person who falls under subparagraph 2 and pays the penalty that is added by 50/100 of the amount of the penalty notified before the claim for such summary judgment is filed: <Amended on Dec. 2, 2016>

1. A person who falls under any subparagraph of Article 163 (1);

2. A person who fails to pay a penalty by the payment deadline provided for in Article 164 (2).

(2) When any dependent for whom summary judgment is claimed pursuant to paragraph (1) 2 pays a penalty in addition to 50/100 of the amount of notified penalty and submits evidential documents before the summary judgment is granted, the chief of the relevant police station or the Governor of the Jeju Special Self-Governing Province shall withdraw his or her claim for the summary judgment. <Amended on Dec. 2, 2016>

(3) No one who pays a penalty pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1) or paragraph (2) shall be punished any further for the selfsame offense.

(4) Deleted. <Dec. 2, 2016>

[This Article Wholly Amended on Jun. 8, 2011]

Article 166 (Prohibition on Abuse of Official Authority)

Article 166

In taking the disposition for notification pursuant to this Chapter, all police officers in charge of traffic crackdown shall be prohibited from abusing their official authority in deviating from their original objectives without permission therefor.

[This Article Wholly Amended on Jun. 8, 2011]

ADDENDA <Act No. 7545, May 31, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Article 2 (Applicability to Special Traffic Safety Education)

The amended provisions of Article 73 (2) 3 shall begin to apply from the first novice driver who is subject to a disposition to suspend the effect of his or her driver's license after this Act enters into force.

Article 3 (Applicability to Prohibition on Driving Motor Vehicle while Intoxicated)

The amended provisions of Article 82 (2) 5 and 93 (1) 2 shall begin to apply from the first violation that is committed after June 30, 2001, being the date on which the Road Traffic Act amended by Act No. 6392 entered into force. In such cases, the first violation

Addenda

committed or is committed after June 30, 2001 shall be deemed the first violation.

Article 4 (Transitional Measures concerning Previous Drivers' Licenses)

The act that is performed by any administrative agency and any act is performed on any administrative agency pursuant to the previous provisions at the time of this Act enters into force shall be deemed an act performed by an administrative agency and an act performed on an administrative agency pursuant to this Act.

Article 5 (Transitional Measures concerning Road Traffic Safety Authority)

The Road Traffic Safety Authority established pursuant to the previous provisions at the time this Act enters into force shall be deemed the Road Traffic Safety Authority established pursuant to this Act.

Article 6 (Transitional Measures concerning Refund of Contributions)

(1) An application may be filed for the refund of contributions that have already been made to the Road Traffic Safety Authority pursuant to the previous provisions of Article 92-2 prior to the entering into force of the Road Traffic Act, Act No. 6565, within five years from January 1, 2002, being the date on which

Addenda

te Road Traffic Act amended by Act No. 6565 enters into force. In such cases, with respect to any contribution for which no application is filed for the refund thereof during the application period, the claim for refund thereof shall be extinguished on the grounds of failure to meet the deadline.

(2) The provisions of paragraph (1) shall apply to the adjusted amount as a result of the revocation of any driver's license and the cancellation of a motor vehicle registration prior to the entering into force of the Road Traffic Act, Act No. 6555, and the adjusted amount as a result of the lowering of the contributions since January 1, 1999.

Article 7 (Transitional Measures concerning Penalty Provisions or Administrative Fines)

The application of the penalty provisions or an administrative fine to the act that is performed prior to this Act entering into force shall be governed by the previous provisions.

ADDENDA <Act No. 7666, Aug. 4, 2005>

(1) (Enforcement Date) This Act shall enter into force beginning on June 1, 2006.

(2) (Applicability to Measures Necessary to Shorten Work Period) The amended provisions of Article 69 (2) shall begin to apply from the road work that is first done after this Act enters into for

Addenda

ce.

ADDENDUM <Act No. 7936, Apr. 28, 2006>

This Act shall enter into force on June 1, 2006: Provided, That the amended provisions of Articles 12-2, 83 (4) 2 and 110 (4) shall enter into force one year after the date of its promulgation.

ADDENDUM <Act No. 7969, Jul. 19, 2006>

This Act shall enter into force three months after the date of its promulgation.

ADDENDA <Act No. 8736, Dec. 21, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Permission for Occupation and Use of Road)

The amended provisions of Article 70 shall begin to apply from the permission for occupation and use of road, and prohibition or restriction on traffic that are conducted for the first time after this Act enters into force.

Article 3 (Transitional Measures concerning Change of Authority's

Addenda

Title)

(1) The Road Traffic Safety Authority at the time when this Act enters into force shall be deemed as the Road Traffic Authority under this Act. In such cases, the Road Traffic Authority shall obtain authorization of the Commissioner General of the Korean National Police Agency after amending its articles of association according to the amended provisions of this Act within three months from the date this Act enters into force.

(2) The president, directors, auditor and employees of the Road Traffic Safety Authority at the time when this Act enters into force shall be deemed as having been appointed as the president, directors, auditor and employees of the Road Traffic Authority under this Act. In such cases, the term of office of the executive officers shall be the remaining term of office under the previous provisions.

(3) All the property, rights and liabilities that belonged to the Road Traffic Safety Authority at the time when this Act enters into force shall be succeeded by the Road Traffic Authority.

(4) The book value of the property as of the day before the day when the establishment of foundation is registered shall be the value of the property to be succeeded by the Road Traffic Safety Authority as provided for in paragraph (3).

Article 4 (Transitional Measures concerning Application of Penalty

Addenda

Provisions)

Notwithstanding the amended provisions of Article 152-2, the previous provisions shall apply to an act performed before this Act enters into force.

ADDENDA <Act No. 8845, Jan. 17, 2008>

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.

(2) (Applicability to Traffic Safety Education) The amended provisions of Articles 73 (1) and 83 (4) 1 shall begin to apply from the application for a test under Article 83 (1) 2 and 3 that is made after this Act enters into force.

ADDENDA <Act No. 8852, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

ADDENDA <Act No. 8976, Mar. 21, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

ADDENDUM <Act No. 9115, Jun. 13, 2008>

Addenda

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 9580, Apr. 1, 2009>

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 160 (4) 4 shall enter into force three months after the date of its promulgation.

(2) (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the penalty provisions on any acts done before this Act enters into force.

(3) (Transitional Measures concerning Imposition of Administrative Fines) The previous provisions shall apply to administrative fines imposed or to be imposed pursuant to the previous provisions as at the time this Act enters into force.

ADDENDA <Act No. 9845, Dec. 29, 2009>

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.

(2) (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the penalty provisions on any acts done before this Act enters into force.

ADDENDA <Act No. 9932, Jan. 18, 2010>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)

ADDENDA <Act No. 10382, Jul. 23, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2011: Provided, That the amended provisions of Articles 3, 4-2, 8, 44, 73 (1), 126, 127, 128, 132, 133, 134, 135, 138-2, 144, 148-2, 157, 159, and 161 (2) through (4), shall enter into force on the date of its promulgation; the amended provisions of Articles 2 (excluding subparagraph 24), 35, 80, 82 and 83 (4), shall enter into force three months after the date of its promulgation; and the amended provisions of subparagraph 24 of Article 2, Articles 12, 12-2, 37, 46, 46-2, 49, 54, 73 (2), 79, 92, 93, 95, 113, 129-3, 150, 152-2, 153, 155, 156, 160 (2), 161 (1), 161-2, 162, and 163, shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Disqualified Period for Acquisition of Driver's License)

(1) The amended provisions of Article 82 (2) 1 shall also apply to any person in the disqualification period for the acquisition of a driver's license because he or she has violated Article 43 or 96 (3) because of his or her driving during the period the

Addenda

validity of his or her driver's license has been suspended or a person whose driver's license is in progress of cancellation before this Act enters into force.

(2) The amended provisions of Article 82 (2) 1-2 shall begin to apply from the first offense committed after this Act enters into force. In such cases, an offense committed first after this Act enters into force shall be deemed such first offense.

Article 3 (Applicability to Execution of Driver's License Test)

The amended provisions of Article 83 (4) shall also apply to any person who has applied for a driver's license test before this Act enters into force.

Article 4 (Succession to Rights and Duties following Change of Driver's License Test Institution)

Any activity done by, or in relation to a responsible administrative agency administering driver's licenses or a driver's license test institution under its control (hereinafter referred to as "driver's license test administrative organization") pursuant to the previous provisions as at the time this Act enters into force, shall be deemed any activity done by, or in relation to the Authority.

Article 5 (Secondment of Public Officials)

(1) Where the Authority requests, the Commissioner General of the Korean National

Addenda

Police Agency may second some of those who maintain their status as public official as at the time this Act enters into force to the Authority within the extent for less than one year after this Act enters into force: Provided, That where there are special circumstances for the smooth execution of driver's license tests of the Authority, he or she may extend the period of secondment at the request of the Authority in consultation with the Minister of the Interior and Safety.

(2) The direction and supervision of service of public officials seconded to the Authority pursuant to paragraph (1) shall be conducted by the president of the Authority, and the personnel management on them, such as the evaluation of service record, promotion, transference and appointment, disciplinary action, etc. shall be conducted by the Commissioner General of the Korean National Police Agency.

(3) Where the Commissioner General of the Korean National Police Agency requests for the personnel management of public officials dispatched to the Authority pursuant to paragraph (1), the president of the Authority shall report matters related to service on the public officials seconded to the Commissioner General of the Korean National Police Agency.

Article 6 (Special Cases on Appointment of Employees of Road Traffic Authority)

(1) The Commissioner General of the Korean National Police Agency shall classify and determine those whose status will be changed to employees

Addenda

of the Authority as at the same time this Act enters into force among public officials belonging to a driver's license test administrative organization as at the time this Act enters into force, those who intend to maintain their status as a public official after the end of the period of secondment pursuant to Article 5 (1) of the Addenda and those whose status will be changed to employees of the Authority after the end of the period of secondment, respectively, and take measures for those whose status will be changed to employees of the Authority after the end of the period of secondment so that the authority may appoint them as employees.

(2) Any person whose status is changed to an employee of the Authority pursuant to paragraph (1) shall be appointed as an employee of the Authority.

(3) Where any person is appointed as an employee of the Authority pursuant to paragraph (2), he or she shall be deemed to have retired from public service.

(4) The age limit of any person who was a public official and is appointed as an employee of the Authority pursuant to paragraph (2) shall be based on the age limit under the State Public Officials Act which applies to his or her rank as at the time he or she retires from public service: Provided, That this shall not apply where the age limit of the Authority is longer than that under the State Public Officials Act.

Article 7 (Special Cases on Application of the Public Officials Pension Act to Persons who Retired from the Korean National Police A

Addenda

gency and are Appointed as Employees of the Authority)

(1) Where any person who has served (including a person temporary retired from office) as a public official belonging to a driver's license test administrative organization before this Act enters into force retires from public service and is appointed as an employee of the Authority pursuant to Article 6 (2) of the Addenda, when any person whose period of service under the Public Officials Pension Act (hereafter in this Article, referred to as the "Pension Act") is less than the period of the minimum service prescribed by Article 46 (1) applies for application of the Pension Act to the Government Employees Pension Service (hereafter in this Article, referred to as the "Pension Service") established pursuant to Article 4 of the Pension Act within two months from the date he or she is appointed as an employee of the Authority, he or she shall be deemed a public official pursuant to Article 3 (1) 1 of the Pension Act until the period of his or her service as a public official referred to in paragraph (2), and shall be paid a retirement benefit, bereaved family's benefit (excluding bereaved family's compensation) and retirement allowance only among long-term benefits pursuant to Article 42 of the Pension Act. <Amended by Act No. 13829, Jan. 27, 2016>

(2) An employee of the Authority (hereafter in this Article, referred to as "employee subject to application of the Pension Act") deemed a public official pursuant to Article 3 (1) 1 of the Pension Act because he or she applies for the application of the Pension Act pursuant to paragraph (1), shall be deemed to have

Addenda

retired from public service on the last day of the month in which the period of his or her service under the Pension Act reaches 20 years: Provided, That where he or she falls under any of the following cases before his or her period of service reaches 20 years, he or she shall be deemed to have served until the day prescribed in the following subparagraphs: <Amended by Act No. 13829, Jan. 27, 2016>

1. Where an employee subject to application of the Pension Act with a period of service of at least 10 years files an application for exclusion from application with the Authority: The day before the filing date of the application;

2. Where he or she retires from the Authority: The day before the date of retirement;

3. Where he or she dies during his or her service in the Authority: The date of his or her death.

(3) The amount of basic monthly income of an employee subject to the application of the Pension Act pursuant to Article 3 (1) 5 of the Pension Act shall be the amount equivalent to the amount of basic monthly income calculated according to the salary class determined considering he or she has been continuously promoted from the rank and salary class of a public official on the day before he or she is appointed as an employee of the Authority: Provided, That the amount of basic monthly income of an employee subject to application of the Pension Act who

Addenda

was a public official having received an annual salary shall be determined separately by the Minister of the Interior and Safety.

(4) With regard to an employee subject to the application of the Pension Act, the president of the Authority shall be deemed the head of an institution pursuant to Article 3 (1) 7 of the Pension Act, and a person liable for withholding under the Income tax Act as an employee of the Authority shall be deemed a person liable for withholding from contributions pursuant to Article 3 (1) 8 of the Pension Act.

(5) Where an employee subject to application of the Pension Act, whose period of service under paragraph (1) or (2) is at least 10 years, falls under Article 46 (1) of the Pension Act, he or she shall be paid retirement pension benefits from then on: Provided, That if he or she falls under Article 7 of the Addenda to the partially amended Public Officials Pension Act (Act No. 13387), he or she shall be paid retirement pension benefits from then on. <Amended by Act No. 13829, Jan. 27, 2016>

(6) Deleted. <by Act No. 13829, Jan. 27, 2016>

(7) In applying Article 64 of the Pension Act to an employee subject to the application of the Pension Act, "reason during the service" in paragraph (1) 1 and the former part of paragraph (2) of the same Article shall be construed as "reason during the service (including a reason during the period legally deemed a public official)"; "where he or she has been dismissed by impeachment

Addenda

or disciplinary action" in paragraph (1) 2 of the same Article shall be construed as "where he or she is dismissed from the Authority by disciplinary action by reason during the period legally deemed a public official"; and "where he or she is dismissed in disgrace for accepting valuables and entertainment, or the embezzlement and misappropriation of public money" in paragraph (1) 3 of the same Article shall be construed as "where he or she is dismissed in disgrace for accepting valuables and entertainment, or the embezzlement and misappropriation of public money in the Authority by reason during the period legally deemed a public official."

(8) Expenses incurred in payment of a retirement allowance to an employee subject to the application of the Pension Act shall be borne and managed by the Authority, notwithstanding Article 65 (3) of the Pension Act: Provided, That the amount equivalent to a retirement allowance to be paid when an employee subject to application of the Pension Act retires from the service as a public official belonging to a driver's license test administrative organization pursuant to Article 6 (3) of the Addenda shall be transferred to the Authority from the Pension Service after deducting the principal and interest unrepaid pursuant to subparagraphs 5 and 6 of Article 31-2 when he or she is appointed as an employee of the Authority.

(9) A charge for pension and compensation pursuant to Article 69 (1) of the Pension Act on an employee subject to the application of the Pension Act shall be borne by the Authority.

Addenda

(10) An employee subject to the application of the Pension Act shall be excluded from those subject to subscription of national pension pursuant to Article 6 of the National Pension Act until the period he or she is deemed a public official pursuant to paragraph (1).

(11) The period an employee subject to application of the Pension Act is deemed a public official pursuant to paragraph (1) shall be excluded from the number of years of continuous service for the calculation of a retirement allowance pursuant to Article 34 of the Labor Standards Act.

(12) The Pension Act shall apply to matters not specifically prescribed in this Article concerning the calculation and payment of a retirement benefit, bereaved family's benefit (excluding bereaved family's compensation) and retirement allowance and the collection of the expenses, etc.

Article 8 (Transitional Measures concerning Special Accounts of Responsible Administrative Agency)

The State property and goods occupied, used or administered by a driver's license test administrative organization which become vested in special accounts of a responsible administrative agency (account of automobile driver's license) pursuant to Article 29-2 of the Act on the Establishment and Operation of Responsible Administrative Agencies as at the time this Act enters into force shall be restored to general accounts.

Addenda

Article 9 (Transitional Measures concerning Penalty Provisions)

The previous provisions shall apply to penalty provisions on any offense committed before this Act enters into force.

ADDENDA <Act No. 10790, Jun. 8, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Grounds for Disqualification for Drivers' Licenses)

The amended provisions of Article 82 (2) 1, 6 and (7) concerning the violation under Article 46 shall begin to apply from the first violation that is committed after this Act enters into force.

Article 3 (Transitional Measures concerning Exemption of Driver's License Test)

Notwithstanding the amended provisions of Article 84 (1) 5, any person whose driver's license has been revoked since he or she failed to renew his or her driver's license before this Act enters into force shall be exempted from taking a part of the driver's license test pursuant to the previous provisions.

Addenda

Article 4 (Transitional Measures concerning Renewal Period for Driver's License and Period for Regular Aptitude Test)

Notwithstanding the amended provisions of Article 87 (1) and (2), the previous provisions shall apply to a person who has obtained a driver's license before this Act enters into force should first renew his or her driver's license or take a regular aptitude test after this Act enters into force.

Article 5 (Transitional Measures concerning Penalty Provisions or Administrative Fines)

The previous provisions shall apply to the penalty provisions or administrative fines on any act that is committed before this Act enters into force.

ADDENDA <Act No. 11298, Feb. 10, 2012>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2013.

ADDENDA <Act No. 11402, Mar. 21, 2012>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Transitional Measures)

Addenda

The National Best Driver Association, an incorporated association established under Article 32 of the Civil Act at the time this Act enters into force, shall be deemed the Exemplary Drivers Association established under this Act.

ADDENDA <Act No. 11690, Mar. 23, 2013>

Article 1 (Enforcement Date)

(1) This Act shall enter into force on the date of its promulgation.

(2) Omitted.

ADDENDUM <Act No. 11780, May 22, 2013>

This Act shall enter into force six months after the date of its promulgation.

ADDENDUM <Act No. 12045, Aug. 13, 2013>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 12248, Jan. 14, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Addenda

ADDENDA <Act No. 12343, Jan. 28, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 12 (1) 4 shall enter into force six months after the date of its promulgation and the amended provisions of Article 13 (6) three months after the date of its promulgation.

Article 2 (Time Limit for Application of Obligations of Drivers of School Buses for Children on which No Guardian is Aboard)

The amended provisions for Article 53-2 shall apply for two years from the date on which this Act enters into force.

Article 3 (Applicability to Duties of Drivers, Operators of School Buses for Children)

With respect to school buses with the prescribed seating capacity of not more than 15 persons which are operated by private teaching institutes under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and sports facilities under the Installation and Utilization of Sports Facilities Act, the amended provisions of Article 53 (3) shall apply from the date on which two years elapse after this Act enters into force.

Article 4 (Applicability to Provision of Information on Violations

Addenda

Committed by School Buses for Children)

The provision of information, etc. on violations committed by school buses for children under the amended provisions of Article 53-4 shall apply to violations committed after this Act enters into force.

Article 5 (Transitional Measures concerning School Buses for Children Formerly Reported)

School buses for children on which reports have been filed under the previous provisions as at the time this Act enters into force shall be deemed school buses for children reported under the amended provisions of Article 52.

Article 6 (Transitional Measures concerning Unreported Motor Vehicles Used to Transport Children to Schools)

A person who operates a motor vehicle used to transport children to school as at the time this Act enters into force but has not reported it as a school bus for children shall file a report in accordance with the amended provisions of Article 52 within six months after this Act enters into force.

Article 7 (Transitional Measures concerning Education on Safe Operation of School Buses for Children)

(1) Persons who have received initial safety education under the previous provisions

Addenda

before this Act enters into force shall be deemed to have received initial safety education under the amended provisions of Article 53-3 (2).

(2) Notwithstanding the amended provisions of Article 53-3 (2), persons who are operating or driving school buses for children as at the time this Act enters into force but have failed to receive safety education which should have been received as at the time of commencement of such operation or driving service, shall receive initial safety education within three months after this Act enters into force.

(3) Persons who have received regular safety education (former safety re-education) for two years preceding the enforcement date of this Act under the previous provisions shall be deemed received regular safety education under the amended provisions of Article 53-3 (2).

(4) Notwithstanding the amended provisions of Article 53-3 (2), persons who are operating or driving school buses for children as at the time this Act enters into force but have failed for two years preceding the enforcement date of this Act to receive safety education (former safety re-education) which should have been received under the previous provisions, shall receive initial safety education within six months after this Act enters into force.

ADDENDA <Act No. 12345, Jan. 28, 2014>

Article 1 (Enforcement Date)

This Act shall enter

Addenda

into force three months after the date of its promulgation. (Proviso Omitted.)

ADDENDA <Act No. 12844, Nov. 19, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of an Act, promulgated before this Act enters into force, but the date they are to enter into force, has not yet arrived, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the date such respective Act enters into force.

ADDENDA <Act No. 12917, Dec. 30, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That of the partially amended Road Traffic Act (Act No. 12343), the amended provisions of Articles 53 (2) and (3), 53-2, and 160 (2) shall enter into force on January 29, 2015, and the amended provisions of Articles 14 (4) and (5), 39 (2) through (6), 44 (2), 73 (1) 6 and 7, 85 (5), 144 (1) 3 and 4 and (2) 5 and 6, subparagraphs 1 and 5 of Article 156, and Article 163 (1) shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Special Traffic Safety Education)

The amended provisions

Addenda

of Article 73 (2) 1 shall also apply to a person who has been subject to a disposition of revocation of his or her driver's license before this Act enters into force on any ground prescribed in Article 93 (1) 9 or 20.

ADDENDA <Act No. 13425, Jul. 24, 2015>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 13426, Jul. 24, 2015>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)

ADDENDA <Act No. 13458, Aug. 11, 2015>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 46-3, 73 (2), 93 (1), 151-2, 153, and 156 shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Disqualification Periods for Obtaining Driver's License)

The disqualification

Addenda

periods for obtaining a driver's license under the amended provisions of the proviso to Article 82 (2) and subparagraphs 5 through 7 of the same paragraph shall begin to apply from the first violation committed after this Act enters into force: Provided, That the amended provisions of the proviso to Article 82 (2) and subparagraph 7 of the same paragraph shall also apply to a person on whom a procedure for administrative disposition is being taken or who is in the period of disqualification for obtaining a driver's license after this Act enters into force, due to a violation committed before this Act enters into force.

Article 3 (Transitional Measures concerning Incompetent Persons)

Persons under adult guardianship referred to in the amended provisions of Article 102 (1) 1 and subparagraph 2 (a) of Article 105 shall be deemed to include persons in whose case the declaration of incompetency or quasi-incompetency is still in force under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).

ADDENDA <Act No. 13829, Jan. 27, 2016>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 5-3, the main sentence of Article 93 (1), and Article 158-2 hereof, and the amended provisions of Article 7 of the Addenda to the partially amended Road Traffic Act (Act No. 10382), shall enter into force on the date of its promulgation; and the

Addenda

amndd provisions of Articl 161 (2), on January 1, 2017.

Article 2 (Applicability to Special Drivers' Licenses)

The amended provisions of Article 80 (2) shall begin to apply from the first driver's license test executed after this Act enters into force.

Article 3 (Applicability to Revocation and Suspension of Drivers' Licenses)

The amended provisions of Article 93 (1) 10-2 shall begin to apply from the first offense committed after this Act enters into force.

Article 4 (Applicability to Adjustment of Special Cases on Application of the Public Officials Pension Act to Persons who Retired from the Korean National Police Agency and are Appointed as Employees of the Authority after retiring from the Korean National Police Agency)

The amended provisions of Article 7 of the Addenda to the partially amended Road Traffic Act (Act No. 10382) shall begin to apply from January 1, 2016.

Article 5 (Transitional Measures concerning Special Drivers' Licen

Addenda

ses)

A person who holds a driver's license for trailers or wreckers, as at the time this Act enters into force, shall be deemed to hold a driver's license for large towing vehicles or recovery vehicles, respectively.

ADDENDUM <Act No. 14266, May 29, 2016>

This Act shall enter into force six months after the date of its promulgation.

ADDENDUM <Act No. 14356, Dec. 2, 2016>

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 165 shall enter into force on the date of its promulgation.

ADDENDA <Act No. 14617, Mar. 21, 2017>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

ADDENDA <Act No. 14839, Jul. 26, 2017>

Article 1 (Enforcement Date)

(1) This Act shall

Addenda

enter into force on the date of its promulgation: Provided, That, among the Acts amended pursuant to Article 5 of the Addenda, the amendments to the Acts, which were promulgated before this Act enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement dates of the respective Acts.

ADDENDA <Act No. 14911, Oct. 24, 2017>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 26 of Article 2, and Article 96 shall enter into force on the date of its promulgation.

Article 2 (Applicability to Mandatory Special Traffic Safety Education)

The amended provisions of Article 73 (2) shall begin to apply from the first person issued with a disposition to revoke his or her driver’s license or suspend the effect of his or her driver’s license after this Act enters into force.

Article 3 (Transitional Measures concerning Persons who Drive Emergency Motor Vehicles)

Any person driving an emergency motor vehicle at the time this Act enters into force, who shall receive education regarding the safe operation,

Addenda

etc. of emergency motor vehicles pursuant to the amended provisions of Article 73 (4), shall receive such education within one year from the date this Act enters into force.

ADDENDUM <Act No. 15364, Feb. 9, 2018>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 15530, Mar. 27, 2018>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation: Provided, That the following amended provisions shall enter into force on the dates classified as follows:

1. Articles 13-2 (4) 1, 49 (1) 4 and 6, and 139 (1) 11: The date of its promulgation (for matters concerning the introduction of trams in Article 49 (1) 6, one year after the date of its promulgation);

2. Articles 34-3, 44, 47, 48, 50 (1), (2), (4), and (8), 53, 67, 93 (1), 98-2, 148-2 (1), subparagraphs 1, 11, and 12 of Article 156, 160 (2) 2, 161 (1) 2, and Article 73 (1) 3-2 of the Road Traffic Act (Act No. 14911): Six months after the date of its promulgation (for matters concerning the introduction of trams in Articles 44, 47, 48, 148-2 (1), and subparagraph 1 of Article 156, one year after the date

Addenda

of its promulgation);

3. Article 140 of the Road Traffic Act (Act No. 14911): Apr. 25, 2018;

4. Article 87, and Article 73 (5) of the Road Traffic Act (Act No. 14911): Jan. 1, 2019.

Article 2 (Transitional Measures concerning Renewal of Drivers’ Licenses and Regular Aptitude Tests for Persons Aged 75 Years and Older)

Notwithstanding the amended provisions of Article 87 (1), the previous provisions shall apply to the period for which a person, who has obtained a driver’s license before the same amended provisions enter into force, should first renew or take a driver’s license or regular aptitude test after the same amended provisions enter into force.

Article 3 (Applicability to Restrictions on Issuance of International Drivers’ Licenses)

The amended provisions of Article 98-2 shall also apply where a person, who has a penalty or administrative fine imposed for a violation that he or she has committed before the same amended provisions enter into force, intends to be issued an international driver’s license.

ADDENDA <Act No. 15629, Jun. 12, 2018>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Article 2 (Applicability to Installation and Management of Traffic Safety Facilities)

The amended provisions of Article 3-2 shall begin to apply from the traffic safety facility newly installed or re-installed in place of the existing traffic safety facilities after this Act enters into force.

ADDENDUM <Act No. 15807, Oct. 16, 2018>

This Act shall enter into six months year after the date of its promulgation.

ADDENDA <Act No. 16037, Dec. 24, 2018>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Installation and Management of Traffic Safety Facilities)

The amended provisions of Articles 82-2 and 93 (1) 2 shall begin to apply

Addenda

from a person who violates Article 44 (1) or (2) after this Act enters into force. In such cases, when the number of violation is calculated, violations conducted only after Jun. 30, 2001 shall be included.

Article 3 Deleted.

ADDENDA <Act No. 16652, Nov. 26, 2019>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 16830, Dec. 24, 2019>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 12 (4) and (5) and 82 (1) 7 shall enter into force three months after the date of its promulgation.

Article 2 (Transitional Measures concerning Disqualifications for Driver's License)

The amended provisions of Article 82 (1) 7 shall not apply to any person who has passed all or part of a driver's license test referred to in Article 83 (1) before the same amended provisions enter into force.

ADDENDA <Act No. 17311, May 26, 2020>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Effective Period for Duties of Drivers of School Buses for Children on which No Guardian is Onboard)

The amended provision of Article 53-2 shall be effective for two years from the enforcement date of this Act.

Article 3 (Applicability to Duties of Operators of School Buses for Children)

The amended provisions of Article 53 (3) shall apply to school buses for children operated by an early childhood education and development institute, an alternative school, a foreigners' school, and a teaching school referred to in subparagraph 23 (a) of Article 2, and a school bus for children operated by a facility referred to in items (e) through (j) of the same subparagraph two years after this Act enters into force.

Article 4 (Applicability to Provision of Information on Violations Committed by School Buses for Children)

The amended provisions of Article 53-4 shall begin to apply to an accident that occurs on or after the enforcement date of this Act.

Addenda

Article 5 (Special Cases concerning Sports Training Business)

The amended provisions of Article 53 (3) shall apply to persons who are to operate a school bus for children in the sports teaching business facilities pursuant to the Installation and Utilization of Sports Facilities Act (Act No. 17267) two years after this Act enters into force. In such cases, with respect to a driver of a school bus for children operated by a sports training business facility, the amended provisions of Article 53-5 shall apply for two years from the enforcement date of this Act.

Article 6 (Transitional Measures concerning Reporting on School Buses for Children)

A person who operates a motor vehicle used to transport children to school as at the time this Act enters into force but has not reported it as a school bus for children shall file a report in accordance with Article 52 within six months after this Act enters into force.

Article 7 (Transitional Measures concerning Safety Education for School Buses for Children)

A guardian who accompanies children on a school bus under the previous provisions as at the time this Act enters into force shall receive initial safety education referred to in Article 53-3 (2) 1 within six months after this Act enters into force.

Addenda

ADDENDA <Act No. 17371, Jun. 9, 2020>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraphs 6-2 and 6-3 of Article 64 shall enter into force on the date of its promulgation.

Article 2 (Applicability to Speed Violations Exceeding Speed Limit by 100 kilometers per hour)

The amended provisions of Article 93 (1) 5-3 and subparagraph 2 of Article 151-2 concerning the violation under Article 17 (3) shall begin to apply to a violation committed after this Act enters into force.

ADDENDA <Act No. 17514, Oct. 20, 2020>

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 8 of Article 32, and Articles 34-2 and 73 (2) 5 shall enter into force one year after the date of the promulgation thereof.

ADDENDA <Act No. 17689, Dec. 22, 2020>

Article 1 (Enforcement Date)

Addenda

This Act shall enter into force on January 1, 2021.

ADDENDA <Act No. 17891, Jan. 12, 2021>

This Act shall enter into force four months after its promulgation: Provided, That the amended provisions of the following subparagraphs shall enter into force on the dates shown below:

1. The part regarding the revocation of a driver's license obtained by fraud or other improper means in the proviso, with the exception of the subparagraphs, of Articles 30, 50 (4), and 93 (1), and the amended provisions of Articles 8,8-2, and 158-2: The date of its promulgation;

2. The part regarding the revocation and suspension of drivers' licenses upon request from the head of the relevant administrative agency in the proviso of Articles 34-2 and 93 (1), and the amended provisions of Article 94-2: The date six months elapse after the promulgation of this Act;

3. Article 34-2 of the Road Traffic Act (Act No. 17514): Oct. 21, 2021.

ADDENDUM <Act No. 18491, Oct. 19, 2021>

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 82 (2), 88 (1), 92 (1), 96, 97, 138 (1), 152, 15

Addenda

4, and subparagraph 13 of Article 156 shall enter into force one year after the date of the promulgation.

ADDENDA <Act No. 18522, Nov. 30, 2021>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)

ADDENDUM <Act No. 18741, Jan. 11, 2022>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 19158, Jan. 3, 2023>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 148-2 (1) and (2) shall enter into force three months after the date of its promulgation.

Article 2 (Applicability to Penalty Provisions)

The amended provisions of Article 148-2 (1) shall also apply to a person for whom a sentence of a fine or any heavier punishment imposed for a violation of Article 44 (1) or (2) has become final and conclusive before this Act enters into force, and who violates paragraph (1) or (2) of that Article again after this

Addenda

Act enter into force.

Addenda

ROAD TRAFFIC ACT
- Articles
- Addenda

1. 도로교통법

2024-03-19 / 제20375호 / 시행 2024-09-20
ROAD TRAFFIC ACT

2. 도로교통법

2024-02-13 / 제20270호 / 시행 2024-08-14
ROAD TRAFFIC ACT

3. 도로교통법

2024-01-30 / 제20167호 / 시행 2024-07-31
ROAD TRAFFIC ACT

4. 도로교통법

2024-01-30 / 제20155호 / 시행 2024-10-25
ROAD TRAFFIC ACT

5. 도로교통법

2023-10-24 / 제19745호 / 시행 2023-10-24
ROAD TRAFFIC ACT

6. 도로교통법

2023-04-18 / 제19357호 / 시행 2024-01-01
ROAD TRAFFIC ACT

7. 도로교통법

2023-01-03 / 제19158호 / 시행 2023-04-04
ROAD TRAFFIC ACT

8. 도로교통법

2022-01-11 / 제18741호 / 시행 2022-07-12
ROAD TRAFFIC ACT

9. 도로교통법

2021-10-19 / 제18491호 / 시행 2022-04-20
ROAD TRAFFIC ACT

10. 도로교통법

2021-01-12 / 제17891호 / 시행 2021-01-12
ROAD TRAFFIC ACT

11. 도로교통법

2020-12-22 / 제17689호 / 시행 2021-01-01
ROAD TRAFFIC ACT

12. 도로교통법

2020-10-20 / 제17514호 / 시행 2021-04-21
ROAD TRAFFIC ACT

13. 도로교통법

2020-06-09 / 제17371호 / 시행 2020-06-09
ROAD TRAFFIC ACT

14. 도로교통법

2020-05-26 / 제17311호 / 시행 2020-05-26
ROAD TRAFFIC ACT

15. 도로교통법

2019-12-24 / 제16830호 / 시행 2019-12-24
ROAD TRAFFIC ACT

16. 도로교통법

2019-11-26 / 제16652호 / 시행 2019-11-26
ROAD TRAFFIC ACT

17. 도로교통법

2018-12-24 / 제16037호 / 시행 2019-06-25
ROAD TRAFFIC ACT

18. 도로교통법

2018-10-16 / 제15807호 / 시행 2019-04-17
ROAD TRAFFIC ACT

19. 도로교통법

2018-06-12 / 제15629호 / 시행 2019-06-13
ROAD TRAFFIC ACT

20. 도로교통법

2018-03-27 / 제15530호 / 시행 2018-03-27
ROAD TRAFFIC ACT

21. 도로교통법

2018-02-09 / 제15364호 / 시행 2018-08-10
ROAD TRAFFIC ACT

22. 도로교통법

2017-10-24 / 제14911호 / 시행 2017-10-24
ROAD TRAFFIC ACT

23. 도로교통법

2017-07-26 / 제14839호 / 시행 2017-07-26
ROAD TRAFFIC ACT

24. 도로교통법

2017-03-21 / 제14617호 / 시행 2018-03-22
ROAD TRAFFIC ACT

25. 도로교통법

2016-12-02 / 제14356호 / 시행 2016-12-02
ROAD TRAFFIC ACT

26. 도로교통법

2016-05-29 / 제14266호 / 시행 2016-11-30
ROAD TRAFFIC ACT

27. 도로교통법

2016-01-27 / 제13829호 / 시행 2016-07-28
ROAD TRAFFIC ACT

28. 도로교통법

2015-08-11 / 제13458호 / 시행 2015-08-11
ROAD TRAFFIC ACT

29. 도로교통법

2015-07-24 / 제13426호 / 시행 2016-01-25
ROAD TRAFFIC ACT

30. 도로교통법

2015-07-24 / 제13425호 / 시행 2016-01-25
ROAD TRAFFIC ACT

31. 도로교통법

2014-12-30 / 제12917호 / 시행 2014-12-30
ROAD TRAFFIC ACT

32. 도로교통법

2014-11-19 / 제12844호 / 시행 2014-11-19
ROAD TRAFFIC ACT

33. 도로교통법

2014-01-28 / 제12345호 / 시행 2014-04-29
ROAD TRAFFIC ACT

34. 도로교통법

2014-01-28 / 제12343호 / 시행 2014-03-19
ROAD TRAFFIC ACT

35. 도로교통법

2014-01-14 / 제12248호 / 시행 2014-07-15
ROAD TRAFFIC ACT

36. 도로교통법

2013-08-13 / 제12045호 / 시행 2014-02-14
ROAD TRAFFIC ACT

37. 도로교통법

2013-05-22 / 제11780호 / 시행 2013-11-23
ROAD TRAFFIC ACT

38. 도로교통법

2013-03-23 / 제11690호 / 시행 2013-03-23
ROAD TRAFFIC ACT

39. 도로교통법

2012-03-21 / 제11402호 / 시행 2012-09-22
ROAD TRAFFIC ACT

40. 도로교통법

2012-02-10 / 제11298호 / 시행 2013-07-01
ROAD TRAFFIC ACT

41. 도로교통법

2011-06-08 / 제10790호 / 시행 2011-12-09
ROAD TRAFFIC ACT

42. 도로교통법

2010-07-23 / 제10382호 / 시행 2011-01-01
ROAD TRAFFIC ACT

43. 도로교통법

2010-01-18 / 제9932호 / 시행 2010-03-19
ROAD TRAFFIC ACT

44. 도로교통법

2009-12-29 / 제9845호 / 시행 2010-06-30
ROAD TRAFFIC ACT

45. 도로교통법

2009-04-01 / 제9580호 / 시행 2009-10-02
ROAD TRAFFIC ACT

46. 도로교통법

2008-06-13 / 제9115호 / 시행 2008-06-13
ROAD TRAFFIC ACT

47. 도로교통법

2008-03-21 / 제8976호 / 시행 2008-04-18
ROAD TRAFFIC ACT

48. 도로교통법

2008-02-29 / 제8852호 / 시행 2008-04-18
ROAD TRAFFIC ACT

49. 도로교통법

2008-01-17 / 제8845호 / 시행 2008-04-18
ROAD TRAFFIC ACT

50. 도로교통법

2007-12-21 / 제8736호 / 시행 2008-06-22
ROAD TRAFFIC ACT

51. 도로교통법

2006-07-19 / 제7969호 / 시행 2006-10-20
ROAD TRAFFIC ACT

52. 도로교통법

2006-04-28 / 제7936호 / 시행 2006-06-01
ROAD TRAFFIC ACT

53. 도로교통법

2005-08-04 / 제7666호 / 시행 2006-06-01
ROAD TRAFFIC ACT

54. 도로교통법

2005-05-31 / 제7545호 / 시행 2006-06-01
ROAD TRAFFIC ACT

55. 도로교통법

2005-03-31 / 제7428호 / 시행 2006-04-01
ROAD TRAFFIC ACT

56. 도로교통법

2004-12-23 / 제7247호 / 시행 2004-12-23
ROAD TRAFFIC ACT

57. 도로교통법

2004-02-09 / 제7171호 / 시행 2005-01-01
ROAD TRAFFIC ACT

58. 도로교통법

2004-01-29 / 제7120호 / 시행 2005-01-30
ROAD TRAFFIC ACT

59. 도로교통법

2003-03-12 / 제6863호 / 시행 2003-03-12
ROAD TRAFFIC ACT

60. 도로교통법

2002-12-18 / 제6789호 / 시행 2003-06-19
ROAD TRAFFIC ACT

61. 도로교통법

2001-12-31 / 제6565호 / 시행 2002-07-01
ROAD TRAFFIC ACT

62. 도로교통법

2001-01-29 / 제6403호 / 시행 2001-07-30
ROAD TRAFFIC ACT

63. 도로교통법

2001-01-29 / 제6400호 / 시행 2001-01-29
ROAD TRAFFIC ACT

64. 도로교통법

2001-01-26 / 제6392호 / 시행 2001-06-30
ROAD TRAFFIC ACT

65. 도로교통법

1999-08-31 / 제5999호 / 시행 1999-09-01
ROAD TRAFFIC ACT

66. 도로교통법

1999-01-29 / 제5712호 / 시행 1999-01-29
ROAD TRAFFIC ACT

67. 도로교통법

1997-12-13 / 제5453호 / 시행 1998-01-01
ROAD TRAFFIC ACT

68. 도로교통법

1997-08-30 / 제5405호 / 시행 1997-08-30
ROAD TRAFFIC ACT

69. 도로교통법

1997-03-07 / 제5296호 / 시행 1997-03-07
ROAD TRAFFIC ACT

70. 도로교통법

1995-12-29 / 제5069호 / 시행 1996-03-01
ROAD TRAFFIC ACT

71. 도로교통법

1995-01-05 / 제4872호 / 시행 1995-07-01
ROAD TRAFFIC ACT

72. 도로교통법

1993-06-11 / 제4561호 / 시행 1994-01-01
ROAD TRAFFIC ACT

73. 도로교통법

1992-12-08 / 제4518호 / 시행 1993-07-01
ROAD TRAFFIC ACT

74. 도로교통법

1992-11-25 / 제4498호 / 시행 1993-01-01
ROAD TRAFFIC ACT

75. 도로교통법

1991-12-14 / 제4421호 / 시행 1991-03-15
ROAD TRAFFIC ACT

76. 도로교통법

1991-05-31 / 제4369호 / 시행 1991-07-31
ROAD TRAFFIC ACT

77. 도로교통법

1990-08-01 / 제4243호 / 시행 1990-11-02
ROAD TRAFFIC ACT

78. 도로교통법

1986-12-31 / 제3912호 / 시행 1987-07-01
ROAD TRAFFIC ACT

79. 도로교통법

1984-08-04 / 제3744호 / 시행 1985-02-05
ROAD TRAFFIC ACT

80. 도로교통법

1981-12-31 / 제3489호 / 시행 1982-01-01
ROAD TRAFFIC ACT

81. 도로교통법

1980-12-31 / 제3346호 / 시행 1981-04-01
ROAD TRAFFIC ACT

82. 도로교통법

1980-01-04 / 제3234호 / 시행 1980-02-04
ROAD TRAFFIC ACT

83. 도로교통법

1979-04-17 / 제3161호 / 시행 1979-05-18
ROAD TRAFFIC ACT

84. 도로교통법

1976-12-31 / 제2944호 / 시행 1977-01-31
ROAD TRAFFIC ACT

85. 도로교통법

1975-12-31 / 제2803호 / 시행 1976-01-31
ROAD TRAFFIC ACT

86. 도로교통법

1973-03-12 / 제2591호 / 시행 1973-04-12
ROAD TRAFFIC ACT

87. 도로교통법

1972-12-26 / 제2382호 / 시행 1972-12-26
ROAD TRAFFIC ACT

88. 도로교통법

1970-08-12 / 제2236호 / 시행 1970-08-12
ROAD TRAFFIC ACT

89. 도로교통법

1963-03-12 / 제1300호 / 시행 1963-04-13
ROAD TRAFFIC ACT

90. 도로교통법

1962-07-24 / 제1112호 / 시행 1962-07-24
ROAD TRAFFIC ACT

91. 도로교통법

1961-12-31 / 제941호 / 시행 1962-01-20
ROAD TRAFFIC ACT

92. 도로교통법

- - / 제0호 / 시행 - -
ROAD TRAFFIC ACT