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STATUTES

THE REPUBLIC OF KOREA

Volume

ROAD TRAFFIC ACT

Wholly Amended by Act No. 3744, Aug. 4, 1984

Amended by Act No. 3912, Dec. 31, 1986

Act No. 4243, Aug. 1, 1990

Act No. 4369, May. 31, 1991

Act No. 4421, Dec. 14, 1991

Act No. 4498, Nov. 25, 1992

Act No. 4518, Dec. 8, 1992

Act No. 4561, Jun. 11, 1993

Act No. 4872, Jan. 5, 1995

Act No. 5069, Dec. 29, 1995

Act No. 5296, Mar. 7, 1997

Act No. 5405, Aug. 30, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5712, Jan. 29, 1999

Act No. 5999, Aug. 31, 1999

Act No. 6392, Jan. 26, 2001

Act No. 6400, Jan. 29, 2001

Act No. 6403, Jan. 29, 2001

Act No. 6565, Dec. 31, 2001

Act No. 6789, Dec. 18, 2002

Act No. 6863, Mar. 12, 2003

Act No. 7120, Jan. 29, 2004

Act No. 7171, Feb. 9, 2004

Act No. 7247, Dec. 23, 2004

CHAPTER I GENERAL PROVISIONS

Addenda

Article 1 (Purpose)

The purpose of this Act is to ensure the safe and smooth traffic by preventing or removing all traffic dangers and obstructions occurring on roads.

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows: <Amended by Act No. 3912, Dec. 31, 1986; Act No. 4421, Dec. 14, 1991; Act No. 4518, Dec. 8, 1992; Act No. 4561, Jun. 11, 1993; Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001; Act No. 7120, Jan. 29, 2004>

1. The term "road" means the road as provided in the Road Act, the toll road as provided in the Toll Road Act, and all other places that are used for the general traffic;

2. The term "exclusive road for motor vehicle" means a road that has been installed for an exclusive use by motor vehicles;

3. The term "expressway" means a road designated to be used only for a high speed traffic of motor vehicles;

4. The term "driveway" means a portion of roads meant for the traffic of all vehicles, by indicating such demarcations with a curbstone line (referring to a line connected by stones

Article 1 ~ 2

which divides the driveway from sidewalk; hereinafter the same shall apply), safety signs and other structures similar thereto;

4-2. The term "median line" means the line indicated by safety signs such as the solid or dotted yellow line, etc. on the road, or the structures installed with a median strip, iron railing, or fence, etc., in order to clearly divide by direction the passage of vehicles and horses, and, in case where a variable lane has been installed under the latter part of Article 13 (1), it means the yellow dotted line at the extreme left of a running direction as designated by a signal apparatus;

4-3. The term "lane" means a portion of the driveway divided by lanes so as to make the vehicles and horses to pass through the portions as set on roads in one line;

4-4. The term "line" means a line indicating the point of boundaries by the safety signs in order to keep the lanes apart;

5. The term "bicycle track" means a portion of the road meant for the passage of bicycles by indicating the relevant boundaries with the safety signs, fences for preventing dangers, and other structures similar thereto;

6. The term "sidewalk" means a portion of the road meant for the passage of pedestrians (including the baby carriages and wheelchairs for the physically handicapped; hereinafter the

Article 2

same shall apply) by indicating the relevant boundaries with the curbstone lines, safety signs and other structures similar thereto;

7. The term "roadside zone" means a portion of the edge of a road indicating the relevant boundaries with the safety signs, etc. in order to ensure the safety of pedestrians at the roads on which the sidewalk and driveway are not divided;

8. The term "crosswalk" means a portion of the road indicated by safety signs so as to make the pedestrians to cross the road;

9. The term "intersection" means a portion of intersections in the ＋ or T shape, and of such other intersections as in the case of intersections by two or more roads (the driveway in the case of the roads on which the sidewalk and driveway are divided);

10. The term "safety zone" means a portion of the road indicated with the safety signs and other structures similar thereto for the purpose of the safety of pedestrians crossing the road, or of the passing vehicles and horses;

11. The term "signal apparatus" means an apparatus operated manually or by electric power, in order to indicate signals, such as go, stop, turn, or caution, etc., by means of letters, signs or lights as to the road traffic;

12. The term

Article 2

"safety signs" means the signboards indicating the warning, control, direction, etc. required for the traffic safety, or the marks, letters, or lines indicated on the surface of roads;

13. The term "vehicles and horses" means the vehicles, oxen and horses. The term "vehicles" means the motor vehicles, construction machines, motor bikes, bicycles, or what are driven by human or animal's power or other powers on the roads, except for what are driven on the railroad tracks or the installed lines, baby carriages, and wheelchairs for the physically handicapped, and the term "oxen and horses" means the cattle which are utilized for the traffic or transportation;

14. The term "motor vehicles" means the vehicles driven by using a motor without being driven on the railroad tracks or installed lines (towed vehicles shall also be deemed to be a part of motor vehicles), which refer to the passenger cars, buses, trucks, special motor vehicles, and two-wheelers under Article 3 of the Automobile Management Act, and the construction machines under the proviso of Article 26 (1) of the Construction Machinery Management Act: Provided, That the motor bikes under the provisions of subparagraph 15 shall be excluded;

15. The term "motor bikes" means the two-wheelers of less than 125cc piston displacement and those of less than 50cc motor from among the two-wheelers under Article 3 of the Automobile Management Act;

Article 2

16. The term "emergency motor vehicles" means the fire trucks, ambulances, and other motor vehicles as prescribed by the Presidential Decree, which are being used for their original emergency usages;

16-2. The term "school buses for children" means the omnibuses used for the children's attending school at the facilities serving for the teaching of children (referring to those under the age of 13 years; hereinafter the same shall apply) from among the establishments falling under any of the following items, which has been reported under the provisions of Article 48-4:

(a) Kindergartens pursuant to the Early Childhood Education Act, primary schools and special schools pursuant to the Elementary and Secondary Education Act;

(b) Nursery schools pursuant to the Infant Care Act;

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

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

Article 2

17. The term "parking" means the act of continuously stopping a vehicle in order to wait for passengers, to load freight, or by a mechanical failure or other causes, or that of an inability to drive immediately as its driver has left from the vehicle;

18. The term "stop" means the act of stopping a vehicle for a short time not exceeding five minutes, or a situation, other than a parking, which there is no movement;

19. The term "driving" means the act of using a vehicle on a road pursuant to the original method of using (including operation);

20. The term "slowdown" means the act of running at such a slow speed as would make a vehicle to stop immediately;

21. The term "overtaking" means a situation in which a vehicle passes by another vehicle running ahead of it, and advances in front of such a vehicle;

22. The term "temporary stop" means a situation in which a vehicle brings its wheels temporarily to a complete stop;

23. The term "road for pedestrians' exclusive use" means the road indicated with the safety signs and other structures similar thereto, so as to make only the pedestrians to pass; and

Article 2

24. The term "driving school" means the facility to educate in knowledge and skill to drive the vehicles, which does not fall under any of the following items:

(a) A facility set up by a school pursuant to the Acts and subordinate statutes relating to education, in order to train the students, teachers and staff belonging thereto;

(b) A facility of the business place, etc., which is to train the employees belonging thereto;

(d) Of the facilities set up by a local government, etc. for a driving practice by the physically handicapped, a facility recognized by the Commissioner of the Local Police Agency; and

(e) A facility performing a driving practice without receiving any price.

Article 3 (Installation and Management of Signal Apparatus, etc.)

(1) The Special Metropolitan City Mayor, Metropolitan City Mayor, or head of Si/Gun (excluding the head of Gun in the Metropolitan City; hereinafter referred to as the "mayor, etc.") shall install and manage the signal apparatus and safety signs, when deemed necessary to ensure a prevention of dangers on roads

Article 3

and the safety and smooth passage of traffic: Provided, That on a toll road under Article 6 of the Toll Road Act, the administrator of such road shall install and manage them in compliance with the instructions of the mayor, etc. <Amended by Act No. 4369, May 31, 1991; Act No. 4518, Dec. 8, 1992; Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 6403, Jan. 29, 2001>

(2) The Do government may subsidize the whole or part of costs required for the installation and management of the signal apparatus and safety signs, which are installed and managed by the head of Si/Gun under paragraph (1). <Newly Inserted by Act No. 4872, Jan. 5, 1995>

Article 3-2 (Bearing, etc. of Costs)

(1) In case where any signal apparatus and safety signs installed on roads require to be removed or restored to its original status due to the causes as prescribed by the Presidential Decree, the mayor, etc. may, pursuant to the standards as determined by the Ordinance of the Ministry of Government Adminstration and Home Affairs, obligate the person inducing such causes to bear the whole or part of the costs required for the said works. <Amended by Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999>

(2) When the costs to be borne under paragraph (1) has not been paid within a designated period, they shall be collected by referring to the practice of the disposition on default of local taxes.

[This

Article 3-2

Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 4 (Types of Signal Apparatus, etc.)

Types of the signal apparatus and safety signs under Article 3, methods of manufacturing them, places for their installation, and other necessary matters shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

Article 5 (Obligation to Comply with Signals or Directions)

Pedestrians or vehicles and horses passing the roads shall comply with signals or directions indicated by the signal apparatus or safety signs, and also with signals or directions given by traffic-control police officers (including members of the riot police units; hereinafter the same shall apply) and persons assisting the police officers as determined by the Ordinance of the Ministry of Government Adminstration and Home Affairs (hereinafter referred to as "police officers, etc."). <Amended by Act No. 4518, Dec. 8, 1992; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999>

Article 6 (Prohibition of and Restriction on Passing)

(1) The Commissioner of the Local Police Agency may prohibit or restrict the passage of pedestrians or vehicles and horses by designating a section of a road, when deemed necessary to ensure a prevention of dangers on roads and the safety and smooth passage of traffic. <Amended by Act No. 4369, May 31, 1991>▷

Article 4 ~ 6

(2) The chief of a police station may first prohibit or restrict the passage of pedestrians or vehicles and horses, when deemed necessary to ensure a prevention of dangers on roads and the safety and smooth passage of traffic, and may thereafter prohibit or restrict the passage on the road, in consultation with the administrator of the said road, by determining the objects of prohibition or restriction, and the section and period.

(3) When deemed that there exists an urgent need for preventing dangers on roads due to a damage of road, outbreak of fire or any other situations, a police officer may temporarily prohibit or restrict the passage of pedestrians or vehicles and horses within such necessary limits.

(4) When the Commissioner of the Local Police Agency has made the prohibition or restriction under paragraph (1), he shall notify the administration agency of such road of the said fact. <Amended by Act No. 4369, May 31, 1991>

(5) When the Commissioner of the Local Police Agency or the chief of a police station makes the prohibition or restriction under paragraph (1) or (2), he shall publicly notify such facts under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 4369, May 31, 1991; Act No. 5712, Jan. 29, 1999>

Article 7 (Measures for Relieving Traffic Congestion)

Article 7

When it is evidently worried that the congestion of pedestrians or vehicles and horses in transit may result in a traffic chaos, a police officer may take the measures required for relieving the traffic congestion.

CHAPTER II METHODS OF PASSAGE FOR PEDESTRIANS

Article 8 (Pedestrians)

(1) Pedestrians shall always pass the sidewalk, except for when crossing the driveway at the road which is divided into sidewalk and driveway, or when a passage on sidewalk has been prohibited due to a road work, etc., or when there exit other inevitable situations.

(2) Pedestrians shall pass the left side of road or the roadside zone, at the road which has not been divided into sidewalk and driveway.

Article 9 (Passage of Procession, etc.)

(1) A parade of students, and such other persons or procession as are prescribed by the Presidential Decree, by deeming that they are likely to obstruct the passage of pedestrians, may pass along the driveway, notwithstanding the provisions of Article 8. In this case, they shall keep to the right side of the driveway.

Article 8 ~ 9

(2) In the case of a street parade following the socially-important event, it may pass along the middle of roads.

Article 10 (Crossing of Road)

(1) The Commissioner of the Local Police Agency may install a crosswalk for the safety of pedestrians crossing a road, under the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(2) On the road furnished with an underpass, overpass, and other facilities for crossing a road, or the crosswalk pursuant to paragraph (1), pedestrians shall use such facilities to close the road: Provided, That in the case of a physically handicapped person who is unable to use the facilities for crossing a road, such as an underpass, overpass, etc., he may cross the road without utilizing the facilities for crossing a road, by means of not obstructing other traffic. <Amended by Act No. 4872, Jan. 5, 1995>

(3) On the road not furnished with a crosswalk under paragraph (1), pedestrians shall cross the road in the shortest distance.

(4) Except for the case where pedestrians pass a crosswalk, or cross a road in compliance with a signal or direction by the signal apparatus or the police officer, etc., they shall not cross the road by passing along the immediate front or rear of all vehicles.

Article 10

(5) At the portion of a road which any crossing is prohibited by the safety signs, etc., pedestrians shall not cross the said road.

Article 11 (Protection of Blind Persons, Children, etc.)

(1) The guardians of children shall not leave their children playing on a road busy with traffic, nor shall the guardians of infants (referring to those under the age of six years; hereinafter the same shall apply) leave their infants walking alone. <Amended by Act No. 5405, Aug. 30, 1997>

(2) When a blind person (including persons corresponding thereto; hereinafter the same shall apply) walks along the road, he shall carry a white cane.

(3) When a child rides on the moving apparatus for play which has great risks as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, on a road other than that as provided in paragraph (1), the guardian of child shall make him to wear a life-saving outfit as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, in order to protect the safety of the child. <Newly Inserted by Act No. 6392, Jan. 26, 2001>

(4) When a police officer finds a child playing on a road busy with traffic, an infant walking along a road without the guardian, or a blind person without carrying a white cane, he shall take an appropriate

Article 11

measure to ensure the safety of such child, infant or the blind person.

Article 11-2 (Designation and Control of Children Protection Zone)

(1) When deemed necessary to protect the children from the danger of traffic accidents, the mayor, etc. may restrict or prohibit the passage of vehicles or take other required measures, by designating as the children protection zone the specific section from among the roads in and around the kindergartens and the primary schools. <Amended by Act No. 5069, Dec. 29, 1995; Act No. 5405, Aug. 30, 1997>

(2) Matters necessary for the procedures and criteria for designating the children protection zone under paragraph (1) shall be determined by the Joint Ordinance of the Ministry of Education and Human Resources Development, the Ministry of Government Administration and Home Affairs, and the Ministry of Transportation and Construction. <Amended by Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999; Act No. 6400, Jan. 29, 2001>

(3) Drivers of vehicles and horses shall observe the measures as provided in paragraph (1) in the children protection zone, and pay attention to the safety of children while driving vehicles and horses. <Newly Inserted by Act No. 5405, Aug. 30, 1997>

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 11-2

CHAPTER III METHODS OF PASSAGE FOR VEHICLES AND HORSES

Article 12 (Division of Passage)

(1) Vehicles and horses shall pass the driveway on the road which divides a sidewalk from a driveway: Provided, That when they gain access to a place other than the road, they may cross the sidewalk.

(2) In the case of the proviso of paragraph (1), vehicles and horses shall make a temporary stop before crossing the sidewalk, so as to endeavor not to obstruct the passage of pedestrians. <Amended by Act No. 5712, Jan. 29, 1999>

(3) Vehicles and horses shall pass along the right side from the middle (in case where a median line is drawn, referring to such median line; hereinafter the same shall apply) of the road (on the road which divides a sidewalk from a driveway, the driveway). <Amended by Act No. 4872, Jan. 5, 1995>

(4) Vehicles and horses may pass along the middle or left portion of the road in case where they fall under any of the following subparagraphs, notwithstanding the provisions of paragraph (3): <Amended by Act No. 4369, May 31, 1991>

1. When the road

Article 12

is me into an one-way street;

2. When it is impossible to pass along the right portion of road due to a damage of road, road works or other obstructions, etc.;

3. When a vehicle intends to overtake another vehicle on the road whereof a right side falls short of 6 meters in width: Provided, That such overtaking shall be limited to the cases where the left side of such road is verifiable, where there exists no concern over hampering any traffic in the opposite direction, and where an overtaking is not prohibited or restricted by the safety signs, etc.;

4. When the width of right side of the road is insufficient for the passage of vehicles and horses; and

5. When vehicles and horses pass in compliance with the designation of the Commissioner of the Local Police Agency, in case where he designates the sections and passing methods, as he deems them necessary for preventing the traffic accidents on the curved portion of a steep slope.

(5) Vehicles and horses shall not enter places where any entry is prohibited by the safety signs, such as safety zones, etc. <Amended by Act No. 4872, Jan. 5, 1995>

(6) Bicycles shall pass the bicycle track where it is separately installed.

Article 12

Article 13 (Marking Off, etc. of Lanes)

(1) The Commissioner of the Local Police Agency may, when necessary for making the traffic of vehicles and horses smooth, mark off on the road the lanes as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. In this case, he may mark off the reversible lanes, which direct the moving direction of lanes by a signal apparatus so as to make the number of lanes expand toward the side busy with traffic, in the case of roads where the traffic volume towards both directions is remarkably different depending upon the time zones. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(2) Except as otherwise provided in this Act or in the orders issued thereunder, vehicles and horses shall pass along the lanes on the roads where the lanes are marked off: when the Commissioner of the Local Police Agency has designated the passing methods separately, they shall pass in compliance with such designation. <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995>

(3) In case where intending to pass the road on which the lanes are marked off, and where there exists a concern over hampering the traffic safety or smooth passing as the width of a vehicle is wider than that of the lane as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, the driver of the relevant vehicle shall not pass along the said road: Provided, That the same shall not apply to the case where a permit has been granted by the chief of a police

Article 13

station having jurisdiction over the pla of departure, under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Newly Inserted by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(4) Vehicles and horses shall not change their course at places where a change of course is particularly prohibited by the safety signs: Provided, That the same shall not apply when there exist any obstructions due to the damage of road and the road works, etc.

Article 13-2 (Marking Off of Exclusive Lanes)

(1) The mayor, etc. may, when particularly necessary for ensuring the smooth traffic, mark off an exclusive lane (referring to the lane on which only those vehicles designated according to the types and number of passengers are allowed to pass; hereinafter the same shall apply) on the road, in consultation with the Commissioner of the Local Police Agency or the chief of a police station.

(2) Matters necessary for the types of exclusive lanes, vehicles allowed to pass, and others as to the management of exclusive lanes shall be prescribed by the Presidential Decree.

(3) Vehicles other than those allowed to pass on the exclusive lane under paragraph (2) shall not pass on the relevant exclusive lane: Provided, That the same shall not apply to the case as prescribed by the Presidential Decree.

[This

Article 13-2

Article Wholly Amended by Act No. 5405, Aug. 30, 1997]

Article 14 (Order of Priority in Passage)

(1) Order of priority in passage of vehicles and horses shall be as follows:

1. Emergency motor vehicles;

2. Motor vehicles other than emergency motor vehicles;

3. Motor bikes; and

4. Vehicles and horses other than motor vehicles and motor bikes.

(2) Order of priority in passage of other motor vehicles than emergency motor vehicles as provided in paragraph (1) 2 shall be subject to the order of the maximum speed as determined by the Ordinance of the Ministry of Government Administration and Home Affairs pursuant to Article 15 (1). <Amended by Act No. 5712, Jan. 29, 1999>

(3) Matters necessary for the order of priority in the passage as referred to in paragraph (1) shall be prescribed by the Presidential Decree.

Article 15 (Speed of Motor Vehicles, etc.)

(1) Speed of motor vehicles and motor bikes (hereinafter referred to as "motor

Article 14 ~ 15

vehicles, etc.") in case where they pass along the roads shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

(2) The Commissioner of the Local Police Agency may restrict the speed as provided under paragraph (1), by designating the area or sections, when deemed necessary for preventing the dangers on roads and for ensuring the traffic safety and smooth passing. <Amended by Act No. 4369, May 31, 1991>

(3) Drivers of motor vehicles, etc. shall not operate their motor vehicles either in excess of the maximum speed or falling short of the minimum speed, under the provisions of paragraphs (1) and (2).

Article 16 (Prohibition of Crossing, etc.)

(1) Vehicles and horses shall not cross the road, make a U-turn, or move backwards, when there exists any concern over hampering the normal passage of pedestrians or other vehicles and horses. <Amended by Act No. 4872, Jan. 5, 1995>

(2) The Commissioner of the Local Police Agency may prohibit any crossing, U-turn, or backward movement by vehicles and horses, when deemed particularly necessary for preventing the dangers on roads and for ensuring the traffic safety and smooth passing, by designating a section of the road. <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995>

(3) When vehicles

Article 16

and hors are to enter the road from a roadside building or parking area, etc., they shall make a temporary stop, and thereafter slow down while verifying whether or not it is safe.

Article 17 (Ensuring Safety Distance)

(1) When all vehicles follow after the vehicle in front which runs in the same direction, they shall keep the necessary distance which is sufficient to avoid any collision with the vehicle in front, in case where the said vehicle makes a sudden stop.

(2) and (3) Deleted. <by Act No. 4872, Jan. 5, 1995>

Article 17-2 (Prohibition of Changes in Course)

Drivers of all vehicles shall, in case where they intend to change the course, not make any change in their course, when there exists any concern over hampering the normal passage of all vehicles coming towards the direction whereto they intend to change the course.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 17-3 (Prohibition of Sudden Braking)

Drivers of all vehicles shall not make any sudden braking, such as making a sudden stop of the vehicle driven by them or decreasing its speed, etc., unless they prevent the dangers and there are other

Article 17 ~ 17-3

unavoidable cases.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 18 (Obligation to Yield Course)

(1) Except for the case of road where a division of traffic is marked off, all vehicles other than emergency motor vehicles shall yield the path by getting out of it toward the right edge of road, when they are followed by the vehicle having a higher priority of passing under the provisions of Article 14.

(2) When a vehicle is followed by another one having an equal or lower priority of passing, even if the former is to run continuously on a speed slower than the latter, it shall also yield the path by getting out of it toward the right edge of road.

Article 19 (Method of Overtaking)

(1) All vehicles shall, when they are to overtake another vehicle, pass by the left side of the vehicle in front.

(2) In the case of paragraph (1), all vehicles intending to overtake shall pay sufficient attention to the traffic in an opposite direction and the traffic ahead of the vehicle in front, and overtake it by the safe speed and safe manner, such as using a direction indicator, signal light or horn, etc., depending upon the speed or course of the vehicle in front and other conditions

Article 18 ~ 19

of road. <Amended by Act No. 4872, Jan. 5, 1995>

Article 19-2 (Prohibition of Obstruction of Overtaking)

When a vehicle tries to overtake in such a manner as provided in Article 19 or 56 (2), drivers of all vehicles shall not obstruct the said overtaking, such as racing with the said vehicle by accelerating, or blocking its path. <Amended by Act No. 5403, Aug. 30, 1997>

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 20 (Time When Overtaking is Prohibited)

(1) When another vehicle runs on the left of a vehicle in front abreast with it, the said vehicle in front shall not be overtaken. <Amended by Act No. 4872, Jan. 5, 1995>

(2) When a vehicle in front is overtaking another one or intends to do so, the vehicle behind it shall not overtake such vehicle in front.

(3) Deleted. <by Act No. 4872, Jan. 5, 1995>

(4) Drivers of all vehicles shall not overtake another vehicle which stops or slows down in order to comply with this Act, an order issued thereunder, or directions of a police officer, or to prevent the dangers. <Amended by Act No. 4872, Jan. 5, 1995>

Article 19-2 ~ 20

Article 20-2 (Places Where Overtaking is Prohibited)

Drivers of all vehicles shall not overtake another vehicle in the place falling under any of the following subparagraphs:

1. Intersections, tunnels, or bridges;

2. Curves of roads;

3. Vicinity of the summit of an uphill road, or the downhill of a steep slope; and

4. Places designated with the safety signs by the Commissioner of the Local Police Agency, as he deems it necessary for preventing the dangers on roads and ensuring the traffic safety and the smooth passing.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 20-3 (Prohibition of Cutting in)

Drivers of all vehicles shall not cut in ahead of another vehicle which stops or slows down in order to comply with this Act, an order issued thereunder, or directions of a police officer, or to prevent the dangers.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 21 (Passing at Railroad Crossing)

Article 20-2 ~ 21

(1) When all vehicles intend to pass a railroad crossing (hereinafter referred to as the "crossing"), they shall make a temporary stop in front of the said crossing to verify its safety, and thereafter pass it: Provided, That when they follow the signals indicated by the signal apparatus, etc., they may pass without making any stop. <Amended by Act No. 4872, Jan. 5, 1995>

(2) When all vehicles intend to pass the crossing, no vehicle shall enter the crossing if the lifting gate of such a crossing has been lowered or is about to be lowered, or while the alarm is sounding.

(3) Drivers of all vehicles shall, when they have become unable to operate the vehicle within the crossing due to the causes such as mechanical failure, etc., promptly evacuate their passengers, and notify a railroad official or police officer thereof by using an emergency signal apparatus, etc., or by any other available means. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

Article 22 (Methods of Passing Intersections)

(1) All vehicles shall, when intending to turn to the right at an intersection, slow down in advance on the right edge of road, and when intending to turn to the left, do the same along the median line of road on the inside of the center of intersection: Provided, That in case where turning to the left, they shall pass along the outside of the center of intersection, at the place designated by the Commissioner of the Local Police Agency,

Article 22

as he deems it particularly necessary pursuant to the conditions of intersection. <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995>

(2) When a vehicle gives a signal by hand, direction indicator or signal light in order to turn to the right or to the left under the provisions of paragraph (1), the vehicle behind it shall not obstruct a path of the vehicle in front which has given such a signal. <Amended by Act No. 4872, Jan. 5, 1995>

(3) All vehicles intending to enter an intersection, where the traffic control is performed by signal apparatus, shall not enter the said intersection in case where there exists a concern over hampering the passage of other vehicles, as they may end up in a stop at the intersection (where a stop line is marked off, the portion beyond such a stop line), depending upon the conditions of vehicles located ahead of the course intended to pass. <Newly Inserted by Act No. 4518, Dec. 8, 1992>

(4) All vehicles intending to enter an intersection, where the traffic control is not performed, shall not obstruct the passing of other vehicles when there exist those already entering the said intersection from other roads.

(5) In the case of paragraph (4), when the vehicles having the same order of priority intend to simultaneously enter an intersection, the path shall be yielded to the vehicles on the road of right side. <Amended by Act No. 4518, Dec. 8, 1992>

Article 22

(6) All vehicles intending to enter an intersection, where the traffic control is not performed, shall slow down in case where the width of crossing road is wider than that of the road on which the said vehicle passes, and when there exist other vehicles intending to enter the said intersection from the road having a wider width, they shall yield the path to the said vehicles.

(7) In the case of paragraph (6), the provisions of paragraph (5) shall not apply to the vehicles passing the road having a wider width. <Amended by Act No. 4518, Dec. 8, 1992>

(8) All vehicles intending to enter the intersection, where the traffic control is not performed and the safety signs are installed to indicate a temporary stop or the yield, shall not hamper the passage of other vehicles by making a temporarily stop or by yielding, notwithstanding the provisions of paragraphs (4) through (6). <Newly Inserted by Act No. 5405, Aug. 30, 1997>

Article 23 (Precedence to Vehicles Going Straight Ahead and Making Right Turn)

(1) In case where drivers of all vehicles intend to make a left turn at the intersection, if there exist any other vehicles intending to enter the said intersection and to go straight ahead or to make a right turn, they shall not hamper the passage of the said vehicles, notwithstanding the provisions of Article 22 (4).

Article 23

(2) Any driver of a vehicle intending to go straight ahead or to make a right turn at an intersection shall, when there exist other vehicles already entered such intersection and are making a left turn, not hamper the passing of the said vehicles.

[This Article Wholly Amended by Act No. 4872, Jan. 5, 1995]

Article 24 (Protection of Pedestrians)

(1) When pedestrians are passing the crosswalk, drivers of all vehicles shall not hamper the crossing of pedestrians nor provide any dangers to them, by making a temporary stop in front of such crosswalk (referring to a stop line, at the place where it is marked off).

(2) In case where drivers of all vehicles intend to make a left turn or a right turn at the intersection where a traffic control is performed, they shall not hamper the passing of pedestrians crossing the road in compliance with signals or directions given by the signal apparatus by a police officer, etc.

(3) Drivers of all vehicles shall not hamper the passing of pedestrians crossing an intersection, where a traffic control is not performed, or a road adjacent to it.

(4) When there exist pedestrians in a safety zone installed on a road, and

Article 24

when drivers of all vehicles pass by pedestrians in a narrow road where no lanes are marked off, they shall slow down while keeping a safe distance.

(5) When pedestrians are crossing a road under the provisions of Article 10 (3), drivers of all vehicles shall make a temporary stop while keeping a safe distance so as to make the pedestrians to be able to cross safely. <Newly Inserted by Act No. 5405, Aug. 30, 1997; Act No. 6392, Jan. 26, 2001>

[This Article Wholly Amended by Act No. 4872, Jan. 5, 1995]

Article 24-2 (Installation of Exclusive Road for Pedestrians)

(1) The Commissioner of the Local Police Agency or the chief of a police station may mark off on the road an exclusive road for pedestrians when it is particularly necessary to protect the passage of pedestrians.

(2) Vehicles and horses shall not pass the exclusive road for pedestrians as provided in paragraph (1): Provided, That the Commissioner of the Local Police Agency or the chief of a police station may permit vehicles and horses to pass the exclusive road for pedestrians, when deemed particularly necessary.

(3) Drivers of vehicles and horses permitted to pass the exclusive road for pedestrians under the proviso of paragraph (2) shall operate at the same speed of the pace of pedestrians, or make a temporary

Article 24-2

stop, so as not to cause any danger to pedestrians, nor to hamper the passage of pedestrians.

[This Article Newly Inserted by Act No. 5405, Aug. 30, 1997]

Article 25 (Precedence to Emergency Motor Vehicles)

(1) Emergency motor vehicles may pass along the left portion of road when it is urgent and inevitable, in addition to such cases as referred to in Article 12 (4), notwithstanding the provisions of Article 12 (3).

(2) Emergency motor vehicles may not stop, notwithstanding the case where they have to make a stop under the provisions of this Act, or of an order issued thereunder.

(3) In the cases as referred to in paragraph (1) or (2), the driver of an emergency motor vehicle shall pay a special attention to the safety of traffic while passing the road. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(4) When an emergency motor vehicle approaches an intersection or its vicinity, all vehicles shall make a temporary stop on the right edge of road by keeping out of an intersection: Provided, That when a stop on the right edge by keeping out of the one-way road may hamper the passage of an emergency motor vehicle, all vehicles may stop on the left edge by keeping out of it.

(5) When an emergency motor vehicle approaches a place other than those under

Article 25

paragraph (4), all vehicles shall yield the path by moving to the right edge of road: Provided, That when a moving to the right edge by keeping out of the one-way road may hamper the passage of an emergency motor vehicle, all vehicles may yield by moving to the left edge. <Amended by Act No. 4872, Jan. 5, 1995>

Article 26 (Special Cases for Emergency Motor Vehicles)

The provisions of Articles 15 and 20 through 20-3 shall not apply to the emergency motor vehicles: Provided, That the provisions of Article 15 shall apply to the case where the speed of emergency motor vehicles is separately set pursuant to the provisions of Article 15. <Amended by Act No. 5405, Aug. 30, 1997>

Article 27 (Places to Slow Down)

(1) Drivers of all vehicles shall slow down at the places falling under any of the following subparagraphs: <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995>

1. Intersections that are not under traffic control;

2. Vicinity of curves of the road;

3. Vicinity of the summit of an uphill road;

4. Downhill road of a steep slope; and

5. Places designated with the safety signs by the Commissioner of the

Article 26 ~ 27

Local Police Agency as he deems it necessary for preventing the dangers on roads and for ensuring the traffic safety and smooth passing.

(2) Deleted. <by Act No. 4872, Jan. 5, 1995>

Article 27-2 (Places to Make Temporary Stop)

Drivers of all vehicles shall make a temporary stop at the places falling under any of the following subparagraphs:

1. Intersection that is not under traffic control, and where the left or right is not verifiable, or where busy with the traffic; and

2. Places designated with the safety signs by the Commissioner of the Local Police Agency as he deems it necessary for preventing the dangers on roads and for ensuring the traffic safety and smooth passing.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 28 (Prohibition of Stopping and Parking)

All vehicles shall not make a stop or parking at the places falling under any of the following subparagraphs, except for the cases pursuant to this Act and an order issued thereunder or directions of a police officer, or where making a temporary stop for the prevention of dangers: Provided, That the same shall not apply when the buses make a stop or parking in order to

Article 27-2 ~ 28

have the passengers get aboard or get off at the bus stops located along their service route: <Amended by Act No. 4369, May 31, 1991; Act No. 4421, Dec. 14, 1991; Act No. 5405, Aug. 30, 1997>

1. Intersection, crosswalk, sidewalk or crossing of a road which is divided into driveway and sidewalk: Provided, That the case of parking on the road parking lot as provided in the Parking Lot Act, which has been installed across a driveway and sidewalk, shall be excluded therefrom;

2. Places within 5 meters from the edge of intersection, or from the corner of road;

3. Places within 10 meters from all sides of the safety zone, on the road where a safety zone has been installed;

4. Places within 10 meters from the place where a pillar, plate or line indicating a bus stop has been installed or marked: Provided, That the same shall apply only during the service hours of such buses;

5. Places within 10 meters from the edge of crossing or the crosswalk; and

6. Places designated by the Commissioner of the Local Police Agency as he deems it necessary for preventing the dangers on roads and ensuring the traffic safety and the smooth passing.

Article 28

Article 29 (Places Where Parking is Prohibited)

All vehicles shall not park in the places falling under any of the following subparagraphs: <Amended by Act No. 4369, May 31, 1991>

1. Places within 5 meters from the place where fire-fighting machines and equipment have been installed;

2. Places within 5 meters from the fire-fighting water tank;

3. Places within 5 meters from the holes for inserting the absorption muzzle or absorption tube of the hydrant or fire-fighting water tank;

4. Places within 3 meters from the fire alarms;

5. Tunnels and bridges;

6. Places within 5 meters from both edges of a working place, in case where the road works are under way; and

7. Places designated by the Commissioner of the Local Police Agency as he deems it necessary for preventing the dangers on roads and ensuring the traffic safety and the smooth passing.

Article 30 (Methods of Stopping and Parking and Restricted Hours)

Matters necessary

Article 29 ~ 30

for the methods of stopping or parking of all vehicles on the road, and the restricted hours, or the prohibition, etc. of any stopping or parking on the road parking lot, shall be prescribed by the Presidential Decree.

Article 31 (Measures against Stopping Violation and Parking Violation)

(1) When there exists a concern over causing any dangers or obstructions to the traffic by a stopped or parked vehicle in violation of Articles 28 through 30, a police officer or a public official appointed by the mayor, etc. under the conditions as prescribed by the Presidential Decree (hereinafter referred to as the "Si/Gun public officials") may order the driver of such vehicle or the person responsible for its management to change the method of stopping or parking, or to relocate from such place. <Amended by Act No. 4243, Aug. 1, 1990; Act No. 5405, Aug. 30, 1997>

(2) In the case of paragraph (1), if the driver of such vehicle or the person responsible for its management is not seen on the spot, the chief of a police station or the mayor, etc. may, at his own discretion, change the parking method of such vehicle, or take the measures required for such change within the limit necessary for preventing the dangers on roads and ensuring the traffic safety and the smooth passing, or may cause the vehicle relocated to the place designated by the competent police station, or the chief of a police station, or the mayor, etc., in the inevitable case. <Amended by Act No. 4243, Aug. 1, 1990; Act No. 5405, Aug. 30, 1997>

Article 31

(3) In case where the chief of a police station or the mayor, etc. has caused the illegally parked vehicle relocated, pursuant to paragraph (2), to the place designated by the competent police station, the chief of a police station or the mayor, etc., he shall take it in custody with the care of a good manager, and take the measures required for returning it, such as promptly notifying its user (referring to its owner or a person entrusted by its owner with its management; hereinafter the same shall apply) or its driver. <Amended by Act No. 4243, Aug. 1, 1990>

(4) In the case of paragraph (3), if the name and domicile of the user or driver of the vehicle are unidentifiable, it shall be publicly notified in accordance with the method as prescribed by the Presidential Decree.

(5) In spite of the measures required for a return or the public notice thereon by the chief of a police station or the mayor, etc. under the provisions of paragraphs (3) and (4), when the user or driver of such vehicle has failed to demand its return even after an elapse of one month therefrom, he may either sell the said vehicle or make it scrapped under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 4518, Dec. 8, 1992>

(6) Expenses required for the relocation, custody, public notice, sale or scrapping, etc. of the illegally parked vehicle pursuant to the provisions of paragraphs (2) through (5), shall be borne

Article 31

by the user of such vehicle, and the collection of such expenses shall be subject to the provisions of Articles 5 and 6 of the Administrative Vicarious Execution Act. <Amended by Act No. 4518, Dec. 8, 1992>

(7) In case where a vehicle has been sold or scrapped pursuant to the provisions of paragraph (5), when there remains any balance after the covering of expenses required for the relocation, custody, public notice, sale or scrapping, etc. of such vehicle, it shall be paid to the user of such vehicle: Provided, That the said balance shall be deposited pursuant to the Deposit Act in case where it is impossible to pay it to the user of such vehicle. <Newly Inserted by Act No. 4518, Dec. 8, 1992>

Article 31-2 (Vicarious Execution of Services of Tow, Custody, etc. of Vehicles)

(1) The chief of a police station or the mayor, etc. may make a corporation, organization, or an individual that meets requirements such as manpower, facilities, and equipment, etc. (hereinafter referred to as the "corporation, etc.") to execute as proxy the whole or part of the services of tow, custody and return of vehicles that have been made to be towed away under the provisions of Article 31. <Amended by Act No. 4872, Jan. 5, 1995>

(2) In case where the chief of a police station or the mayor, etc. makes the services of tow, custody and return of vehicles executed as proxy under paragraph (1), he may order the measures and education

Article 31-2

required for performing the relevant services. <Amended by Act No. 4872, Jan. 5, 1995>

(3) Requirements such as the manpower, facilities, and equipment, etc. to be met by the corporation, etc. executing as proxy the services of tow, custody and return of vehicles under paragraph (1), and other necessary matters, shall be prescribed by the Presidential Decree. <Amended by Act No. 4872, Jan. 5, 1995>

(4) Competent executives and employees of the corporation, etc. executing as proxy the services of tow, custody and return of vehicles under paragraph (1), shall be deemed to be public officials in the application of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 4872, Jan. 5, 1995>

[This Article Newly Inserted by Act No. 4243, Aug. 1, 1990]

Article 32 (Lights of Vehicles)

(1) When all vehicles are on roads during night hours (referring to since sunset by sunrise; hereinafter the same shall apply), they shall have the headlights, sidelights, taillights and other lights turned on, under the conditions as prescribed by the Presidential Decree.

(2) In case where all vehicles run vis-a-vis with each other during night hours, or follow immediately behind vehicles in front, their drivers shall take necessary actions, such as dimming the brightness

Article 32

of lights or temporarily turning the lights off, under the conditions as prescribed by the Presidential Decree.

Article 33 (Signals of Vehicles)

(1) When drivers of all vehicles intend to make a left turn, right turn, crossing, U-turn, slowdown, stop, or backward moving, or when intending to change a course while proceeding in the same direction, they shall keep giving a signal with his hand, direction indicator, or signal lights, until such acts are completed. <Amended by Act No. 4872, Jan. 5, 1995>

(2) The time for and the method of giving a signal under paragraph (1) shall be prescribed by the Presidential Decree.

Article 34 Deleted. <by Act No. 5712, Jan. 29, 1999>

Article 35 (Method of, and Limitation on, Boarding or Loading)

(1) Drivers of all vehicles shall not take passengers on board, or load goods, and drive a vehicle in violation of the safety standards for operation as prescribed by the Presidential Decree with regard to the number of passengers, loading weight and loading capacity: Provided, That the same shall not apply when a permit has been granted by the chief of a police station having jurisdiction over the place of departure.

(2) Drivers of all vehicles shall take the necessary measures, such as opening and closing the door securely, etc., so as not to make the

Article 33 ~ 35

persons on board, or those getting on and off, fall off the vehicle while they drive. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(3) Drivers of all vehicles shall take the measures necessary for fixing the loaded goods securely onto the vehicle, such as covering or binding them, so as not to make them fall off the vehicle while they drive. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(4) Drivers of all vehicles shall not drive vehicles in the state likely to cause any obstruction to the safety, such as handling the driving devices with holding a baby or an animal in their arms, or loading goods around the driver's seat. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(5) When the Commissioner of the Local Police Agency deems it necessary for preventing the dangers on roads and ensuring the traffic safety and the smooth passing, he may impose on the drivers of vehicles the limitations on the number of passengers on board, loading weight, or loading capacity. <Amended by Act No. 4369, May 31, 1991>

Article 36 Deleted. <by Act No. 5712, Jan. 29, 1999>

Article 37 (Prohibition of Driving Vehicles Maintained Poorly)

Users, persons responsible for maintenance, or drivers of all vehicles shall not drive, or make others drive, the vehicle that is void of maintaining the apparatus as specified in the Automobile Management Act, the Construction Machinery Management Act,

Article 36 ~ 37

or the orders issued thereunder (hereinafter referred to as the "vehicle maintained poorly"). <Amended by Act No. 3912, Dec. 31, 1986; Act No. 4518, Dec. 8, 1992; Act No. 4561, Jun. 11, 1993; Act No. 5405, Aug. 30, 1997>

Article 38 (Inspection of Vehicles, etc.)

(1) When a vehicle is driven, that is deemed to correspond to the vehicle maintained poorly, the police officer may first stop such vehicle, and require its driver to present its registration certificate or his driver's license, and make a check on the apparatus of such vehicle. <Amended by Act No. 5405, Aug. 30, 1997>

(2) When any items of poor maintenance has been found in the check under paragraph (1), the police officer may obligate the driver of such vehicle to take emergency measures depending upon the level of poor maintenances, and thereafter make him to continue his driving, or subsequent to setting the sections, paths, and conditions necessary for preventing dangers, by taking account of the situations of the road and traffic, and make him to do likewise: Provided, That when there exists a concern over occurring the dangers since the state of maintenance is extremely poor, he may order a temporary suspension of driving after keeping its registration certificate in custody. <Amended by Act No. 5405, Aug. 30, 1997>

(3) In the case of the proviso of paragraph (2), the Commissioner of the Local Police Agency may suspend the use of such vehicle by setting the period required for its maintenance: such a period

Article 38

shall not exceed ten days. <Amended by Act No. 4369, May 31, 1991>

(4) Matters necessary for a check and a suspension pursuant to the provisions of paragraphs (1) through (3) shall be prescribed by the Presidential Decree.

Article 38-2 Deleted. <by Act No. 5712, Jan. 29, 1999>

Article 39 (Restriction on Similar Symbols, and Prohibition of Operation)

(1) No person shall have his motor vehicle, etc. marked with such coatings or symbols, etc. that are similar to the vehicles for traffic control, criminal investigation, or other emergency purpose, or that provide a feeling of repugnance, nor shall drive such motor vehicles, etc.

(2) Scope of the coatings, symbols, etc. pursuant to the provisions of paragraph (1) shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 4872, Jan. 5, 1995]

CHAPTER IV OBLIGATIONS OF DRIVERS AND EMPLOYERS, ETC.

Article 40 (Prohibition of Driving without License, etc.)

Article 38-2 ~ 40

(1) No person shall drive a motor vehicle, etc. without obtaining a driver's license from the Commissioner of the Local Police Agency pursuant to the provisions of Article 68 (including the case where a validity of the driver's license has been suspended). <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995>

(2) The person falling under any subparagraph of Article 70 (2), for whom the period pursuant to any competent subparagraph has not elapsed yet, shall not drive a vehicle, etc., even in the case of obtaining a driver's license in a foreign country pursuant to the provisions of the convention falling under any of the following subparagraphs (hereinafter referred to as the "international driver's license"): <Newly Inserted by Act No. 6392, Dec. 31, 2001>

1. The Convention on Road Traffic done at Geneva in 1949 (hereinafter referred to as the "international convention"); and

2. The Convention on Road Traffic done at Vienna in 1968.

(3) Deleted. <by Act No. 5712, Jan. 29, 1999>

Article 41 (Prohibition of Driving under Influence of Liquor)

(1) No person shall drive a motor vehicle, etc. under the influence of liquor (including the construction machinery other than those referred to in the proviso of Article 26 (1) of the Construction Machinery Management Act; the same shall apply hereafter

Article 41

in this Article, and Articles 42, 43 and 107-2). <Amended by Act No. 5405, Aug. 30, 1997>

(2) When a police officer deems it necessary for the traffic safety and the prevention of dangers, or when there exists a reasonable cause for deeming that a person has driven a motor vehicle, etc. under the influence of liquor in violation of the provisions of paragraph (1), he may take a measurement of whether or not the driver is under the influence of liquor, and the driver shall comply with such measurement. <Amended by Act No. 4872, Jan. 5, 1995>

(3) With regard to the driver in a demurrer against a result of the measurement of whether or not he is under the influence of liquor under paragraph (2), the police officer may, by obtaining a consent of the driver, take the remeasurement by means of picking his blood sample. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(4) Standards for the drunken conditions for which any driving is prohibited under the provisions of paragraph (1), shall be prescribed by the Presidential Decree.

Article 42 (Prohibition of Driving When Overworking, etc.)

In addition to the case as provided in Article 41, any drivers of motor vehicles, etc. shall not drive these vehicles, etc. in the state whereunder there exists a concern over inability to drive normally due to the influence of overwork, disease or drugs (referring to narcotics, hemps, psychotropic drugs and others as determined by the Ordinance of the Ministry of Government

Article 42

Administration and Home Affairs; hereinafter the same shall apply), or to any other causes. <Amended by Act No. 5712, Jan. 29, 1999>

Article 42-2 (Prohibition of Joint Dangerous Act)

Any drivers of motor vehicles, etc. shall not join in a group of 2 or more persons and drive 2 or more vehicles, without any justifiable reasons,

by lining up front and rear, or right and left, and thus inflict harms on others, or cause any dangers of traffic.

[This Article Newly Inserted by Act No. 4518, Dec. 8, 1992]

Article 43 (Measures for Preventing Dangers)

(1) When a police officer deems that drivers of motor vehicles, etc. drive them in violation of the provisions of Articles 40 through 42, he may temporarily stop such motor vehicles, etc. and require the said drivers to show their driver's licenses.

(2) Against the persons driving motor vehicles, etc. in violation of the provisions of Articles 41 and 42, a police officer may order them to stop any driving until they reach to the state of being able to normally drive, and may take other necessary measures.

Article 44 (Obligation of Safe Driving)

Article 42-2 ~ 44

Drivers of all vehicles shall operate the steering systems, brakes and other devices of their vehicles in a correct manner, and shall not drive at such a speed or in such a manner as may inflict any dangers and obstructions on others, depending on the situation of road traffics and the structure and performance of their vehicles.

Articles 45 through 47 Deleted. <by Act No. 5712, Jan. 29, 1999>

Article 48 (Matters to be Observed by Drivers)

(1) Drivers of all vehicles shall observe the following matters: <Amended by Act No. 4369, May 31, 1991; Act No. 4518, Dec. 8, 1992; Act No. 4872, Jan. 5, 1995; Act No. Aug. 30, 1997; Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001>

1. When passing a pooled place, they shall ensure that there shall be no infliction of any damages on others by making pooled water to splash;

2. When finding that there exist dangers of traffic accidents to children, such as crossing, sitting, standing or playing on a road without any guardians, when the blind cross a road with a white cane, or when the handicapped cross a road, who is unable to utilize such facilities as underpass, overpass, etc., they shall make a temporary stop;

3. Deleted; <by Act No. 4872, Jan. 5, 1995>

Article 48

4. They shall not drive such motor vehicles as excessively lower the transmission rate of visible ray through their windowpanes and thus making a clear identity of passengers on board impossible from a distance of 10 meters, or as are equipped with a device for detecting a speed measuring instruments, or as are equipped with any devices which fails to meet the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs;

5. They shall not hamper the paths of other vehicles and horses by doing an act of quarreling, disputing, etc. while leaving their vehicles stopped on the road;

6. When leaving from the driver's seat, they shall take measures required for safely keeping the state of stop of their vehicles, such as switching the motor off, ensuring the brake devices, etc. so as to prevent others from driving them at random;

7. They shall not open the door of their vehicles or alight therefrom without verifying the safety, and shall take measures required for making their passengers not to cause any dangers to traffics;

8. Deleted; <by Act No. 4243, Aug. 1, 1990>

9. They shall not make, without any justifiable reasons, a sudden start of vehicle, etc., or speed up drastically, in such a manner

Article 48

as to make noise inflicting damages on others, or an act to increase a rotational frequency of motor without transmitting the power of motor to its wheels, or an act to sound the horn repeatedly or continuously;

10. They shall not drive a vehicle while leaving their passengers to take an act of disturbance, such as dancing, etc. within the vehicle to the extent that it may remarkably obstruct the safe driving;

11. They shall not use a portable telephone (including a telephone for motor vehicle) while driving a vehicle: Provided, That the same shall not apply to the cases falling under any of the following items:

(a) Where motor vehicles, etc. are stopped;

(b) Where an emergency motor vehicle is driven;

(d) Where using a device that does not hamper the safe driving, and which is prescribed by the Presidential Decree; and

12. They shall comply with the matters determined by the Commissioner of the Local Police Agency as he deems it necessary for the traffic safety and the maintenance of traffic orders.

Article 48

(2) Drivers of commercial passenger cars shall not make an act of making passengers to share their cars, or of refusing a service to passengers, or receive any fare in excess of the authorized fare. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(3) Deleted. <by Act No. 5712, Jan. 29, 1999>

(4) A police officer, who has found a motor vehicle violating the provisions of paragraph (1) 4, shall make on the spot the said driver to remove the violated matters, or order him to take necessary measures, and when the driver refuses to comply with it, he may directly remove them, or take the necessary measures. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

Article 48-2 (Special Matters to be Observed by Drivers)

(1) Drivers of the motor vehicles as determined by the Ordinance of the Ministry of Government Administration and Home Affairs shall wear a seat belt while driving such vehicles, and make a passenger beside him to wear a seat belt as well (in the case of an infant, referring to a seat belt worn subsequent to mounting a protective outfit for infant; hereinafter the same shall apply); Provided, That the same shall not apply where it is difficult to wear a seat belt due to diseases, etc., or where there exists a cause as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

Article 48-2

(2) A driver of a motor vehicle shall also call an attention of the passengers in the seats other than that beside him to wear a seat belt, and in case where an infant is seated in a seat other than that beside him in a passenger car, he shall make the infant wear a seat belt. <Amended by Act No. 5405, Aug. 30, 1997>

(3) A driver of a two-wheeled motor vehicle (including a motor bike) shall drive it by wearing an outfit for protecting human life as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, and also make its passenger to wear the same. <Amended by Act No. 5712, Jan. 29, 1999>

(4) Drivers of the motor vehicles as determined by the Ordinance of the Ministry of Government Administration and Home Affairs shall not take the acts falling under any of the following subparagraphs, while driving the said vehicles: <Newly Inserted by Act No. 6565, Dec. 31, 2001>

1. An act of driving a vehicle which is not equipped with an operation recorder, or that which is equipped with an operation recorder unusable due to mechanical failure, etc.; and

2. An act of using an operation recorder, not in pursuance of its original purpose.

[This

Article 48-2

Article Newly Inserted by Act No. 4243, Aug. 1, 1990]

Article 48-3 (Special Protection of School Bus for Children)

(1) When a school bus has stopped on a road, and operates a device to indicate that children or infants are getting on and off, such as a blinking light, etc., drivers of the vehicles passing the same lane where the school bus has stopped or that immediately next to the said lane, shall make a temporary stop before they reach the school bus, and make a slowdown after verifying the safety.

(2) In the case of paragraph (1), on the road without a median line marked off, or on the road with one-lane each way, a driver of a motor vehicle coming from the opposite direction shall also make a temporary stop before they reach the school bus, and make a slowdown after verifying the safety.

(3) When a school bus travels on a road with indicating signs that children or infants are on board, all motor vehicles shall not overtake such school bus.

[This Article Newly Inserted by Act No. 5405, Aug. 30, 1997]

Article 48-4 (Report, etc. on School Bus for Children)

(1) When a person operating an omnibus, to be used for carrying children attending school, intends to be protected under the provisions of Article 48-3, he shall report thereon in advance to the

Article 48-3 ~ 48-4

chief of a competent police station, and obtain an issuance of a certificate of completion of the report. <Amended by Act No. 6565, Dec. 31, 2001>

(2) A person operating a school bus for children shall always keep the certificate of completion of the report, which has been obtained under paragraph (1), within the school bus for children. <Newly Inserted by Act No. 6565, Dec. 31, 2001>

(3) Motor vehicles entitled to be reported as a school bus for children under paragraph (1) shall be limited to an omnibus as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, but they shall meet the requirements as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, such as the coating or signs, holding an insurance policy, ownership relations, etc. <Amended by Act No. 5712, Jan. 29, 1999>

(4) No person shall, without filing a report under the provisions of paragraph (1), have an omnibus marked off with the coating or signs similar to a school bus for children, nor shall he operate the motor vehicle marked off with such coating or signs. <Newly Inserted by Act No. 6565, Dec. 31, 2001>

[This Article Newly Inserted by Act No. 5405, Aug. 30, 1997]

Article 48-5 (Obligation of Driver of School Bus for Children)

(1) A driver of a

Article 48-5

school bus for children shall not operate the device under the provisions of Article 48-3 (1) except for the cases where children or infants are getting on or off, nor shall he give signs under the provisions of Article 48-3 (3) except for the cases where he is operating the bus with children or infants on board.

(2) When children or infants are getting on or off a school bus for children, a driver of such a school bus shall start a school bus after verifying that children or infants have been seated well, or that they have reached a safe place from motor vehicles, such as sidewalks, roadside zone, etc. <Newly Inserted by Act No. 6565, Dec. 31, 2001>

[This Article Newly Inserted by Act No. 5405, Aug. 30, 1997]

Article 48-6 (Obligation of Operator of School Bus for Children)

An operator of a school bus for children shall take the following persons who are capable of protecting children or infants aboard the school bus having them on board, who are the teachers and staff members of kindergartens, primary schools, or special schools under the provisions of the Elementary and Secondary Education Act, who are the persons engaged in the nursing facilities under the provisions of subparagraph 4 of Article 2 of the Infant Care Act, who are instructors under the provisions of Article 13 (1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, and who are the persons engaged in the sports facilities under the provisions of the Installation and Utilization

Article 48-6

of Sports Facilities Act.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 49 (Education for Traffic Safety)

(1) Any person intending to obtain a driver's license shall undergo a traffic safety education for the matters falling under each of the following subparagraphs, under the conditions as prescribed by the Presidential Decree, before he takes the test under the provisions of Article 71 (1) 2: Provided, That the same shall not apply to the person who has completed a course for written test at the specialized driving school under the provisions of Article 71-2 (1):

1. Basic etiquette as a driver;

2. Acts and subordinate statutes or knowledges as to the road traffic;

3. Capability of safe driving; and

4. Other matters required for ensuring a road safety.

(2) Any person who, as a driver of motor vehicle, etc., has violated this Act or an order issued thereunder shall undergo a special education for road safety, under the conditions as prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 6565, Dec. 31, 2001]

Article 49

Article 50 (Measures to be Taken When Accidents Occurred)

(1) When the death or injury of persons, or the damage or destruction of goods, have been incurred by the traffic accident of motor vehicles (hereinafter referred to as the "traffic accident"), drivers of such vehicles and other crews on board (hereinafter referred to as the "driver, etc.") shall promptly stop the vehicles, and take necessary measures such as the rescue and first aid, etc. for the dead or wounded.

(2) In the case of paragraph (1), the driver, etc. of the relevant vehicle shall without delay file a report on the place where the accident occurred, the toll of casualties and levels of the injury, the damaged or destructed goods and extent thereof, and other situations of measures taken, etc., with the police officer when he is on the scene, or with the nearest police station (including an area patrol unit, police substation and police detachment; hereinafter the same shall apply) when no police officer is on the scene: Provided, That the same shall not apply when it is evident that only a vehicle in operation has suffered any damages, and the measures necessary for preventing dangers on roads and for ensuring the smooth passing have been taken. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 7247, Dec. 23, 2004>

(3) When a police officer, who has been in receipt of the report under paragraph (2), deems it necessary for a rescue of the wounded and for preventing other traffic dangers, he may order the driver, etc. who has filed such report to wait on the scene until

Article 50

a police officer arrives there.

(4) A police officer may, on the scene, order the driver, etc. of the vehicle incurring such traffic accident to take an action necessary for a rescue of the wounded or for the safety on road.

(5) Any driver of an emergency motor vehicle, a vehicle engaged in carrying the wounded, or a vehicle for mail delivery, etc. may make the crews to take the measures or file the reports as provided in the provisions of paragraphs (1) and (2), in the case of urgency, and continue their driving.

Article 51 (Prohibition of Hampering Measures to be Taken When Accidents Occurred)

When a traffic accident has occurred, the persons aboard such vehicle shall not hamper the acts of taking measures or filing reports by the driver, etc. under the provisions of Article 50 (1) and (2).

Article 52 (Obligation of Employer, etc.)

(1) A person who employs a driver of vehicle, a person having the post of exercising a direct control over him, or a user of vehicle (hereinafter referred to as the "employer, etc."), shall always make the drivers to pay attention to abiding by this Act or an order issued thereunder, and exercise a supervision over his fulfillment. <Amended by Act No. 4243, Aug. 1, 1990>

Article 51 ~ 52

(2) The employer, etc. shall not fail to stop the person, who has become unable to drive a motor vehicle pursuant to Articles 40 through 42, from driving, while the employer, etc. has been aware of his driving, etc., nor shall he make such driver to drive the vehicle, etc.

CHAPTER V SPECIAL CASES APPLICABLE TO EXPRESSWAY, ETC.

Article 53 (Common Provisions)

Methods, etc. of passing by motor vehicles or pedestrians on the expressway and the exclusive road for motor vehicles, shall be subject to the provisions in this Chapter, and in case where there exist no provisions in this Chapter, they shall be subject to the provisions in Chapters 1 through 4.

Article 54 (Measures for Preventing Harms, etc.)

When the traffic on an expressway or exclusive road for motor vehicles is dangerous or congested, or there exists a concern over such situations, due to any damages on the road, an occurrence of a traffic accident, or other situations, a police officer may temporarily prohibit or restrict the passage of advancing motor vehicles, or order the drivers of such vehicles to take the necessary measures, within the limit necessary for preventing traffic accidents or congestion and for ensuring the traffic safety and the smooth passing.

Article 53 ~ 54

Article 55 (Installation and Management of Signal Apparatus, etc.)

(1) The manager of an expressway shall install and manage the signal apparatus and safety signs, in order to prevent dangers on the expressway and to ensure the traffic safety and the smooth passing.

(2) When the manager of an expressway intends to install the signal apparatus and safety signs pursuant to the provisions of paragraph (1), he shall make a consultation with the Commissioner of the National Police Agency. <Amended by Act No. 4369, May 31, 1991>

(3) The Commissioner of the National Police Agency may instruct the manager of an expressway on matters necessary for the management of the signal apparatus and safety signs. <Amended by Act No. 4369, May 31, 1991>

Article 56 (Prohibition, etc. of Passage on Sideway)

(1) Except for the case of an overtaking on the expressway, or in the inevitable case due to the road situations and other circumstances, the motor vehicles shall pass along the lanes as determined by the Ordinance of the Ministry of Government Adminstration and Home Affairs, and shall not pass the sideway (referring to a road edge or a shoulder pursuant to the Road Act; hereinafter the same shall apply): Provided, That the same shall not apply to the emergency motor vehicles and the vehicles

Article 55 ~ 56

engaged in the repair or maintenance, etc. of the expressway. <Amended by Act No. 4421, Dec. 14, 1991; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(2) When a vehicle intends to overtake on the expressway, it shall safely pass the lane as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, by using a direction indicator, lights, or horn. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

Article 56-2 (Marking Off of Exclusive Way on Expressway)

(1) When it is particularly necessary for a smooth passing on expressways, the Commissioner of the National Police Agency may mark off exclusive ways on expressways.

(2) The provisions of Article 13-2 (2) and (3) shall apply mutatis mutandis to the exclusive ways under the provisions of paragraph (1).

[This Article Newly Inserted by Act No. 5405, Aug. 30, 1997]

Article 57 (Prohibition of Crossing, etc.)

No motor vehicles shall make a crossing, U-turn or backward moving, on the expressways or exclusive ways for motor vehicles: Provided, That from among the emergency motor vehicles or those engaged in the repair and maintenance, etc. of roads, the same

Article 56-2 ~ 57

shall not apply in case where it is inevitable for the purposes of vehicles which are to be used for preventing or removing the traffic dangers on the expressways or exclusive ways for motor vehicles, or for the works of emergency measures for traffic accidents. <Amended by Act No. 4872, Jan. 5, 1995>

Article 58 (Prohibition of Passage, etc.)

Pedestrians or other vehicles and horses than motor vehicles (two-wheeled vehicles shall be limited to those for emergency) shall not pass or cross the expressways or exclusive ways for motor vehicles. <Amended by Act No. 4421, Dec. 14, 1991>

Article 59 (Prohibition of Stopping and Parking)

Except for the cases falling under any of the following subparagraphs, no motor vehicles shall stop or park on the expressways or exclusive ways for motor vehicles: Provided, That the same shall not apply when they make a temporary stop in order to comply with the provisions of Acts and subordinate statutes or an instruction from police officer, or to prevent dangers: <Amended by Act No. 4421, Dec. 14, 1991>

1. When they make a stop or parking at the place where a demarcation is marked off so as to allow a stop or parking, or at the stations;

2. When they make a stop or parking at the edge of a road (including the sideway) due to a mechanical trouble or other inevitable

Article 58 ~ 59

causes;

3. When they make a stop at a tollgate in order to pay tolls;

4. When the manager of roads makes a stop or parking in order to repair, maintain, or patrol his expressways or exclusive ways for motor vehicles; and

5. When an emergency motor vehicle for police makes a stop or parking in order to conduct a criminal investigation, traffic control, or to carry out the police duties on the expressways or exclusive ways for motor vehicles.

Article 60 (Order of Priority When Entering Expressway)

(1) When a motor vehicle (excluding the emergency motor vehicle) intends to enter an expressway, it shall not hamper the passage of other motor vehicles travelling on the said expressway.

(2) When an emergency motor vehicle enters an expressway, other motor vehicles than the emergency one shall not hamper such entry.

Article 61 (Measures in Case of Mechanical Trouble, etc.)

When a driver of motor vehicle has become unable to operate his car on an expressway or exclusive way for motor vehicles due to a mechanical trouble or other causes, he shall make a sign as determined by the Ordinance of the Ministry of Government Administration

Article 60 ~ 61

and Home Affairs, and take a necessary measure such as moving the said motor vehicle to the place other than the expressway or exclusive way for motor vehicles. <Amended by Act No. 5712, Jan. 29, 1999>

Article 62 (Special Matters to be Observed by Drivers and Passengers)

(1) Notwithstanding the provisions of Article 48-2 (2), any driver of a motor vehicle as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, from among those being operated on the expressway or exclusive way for motor vehicles, shall make all passengers fasten their seat belts: Provided, That the same shall not apply when it is difficult to fasten the seat belt due to diseases, etc., or when there exists any reason as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 4243, Aug. 1, 1990; Act No. 5712, Jan. 29, 1999>

(2) Matters to be specially observed by the drivers and passengers on the expressway or exclusive way for motor vehicles in order to secure a traffic safety and smooth passing, shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

CHAPTER VI USE OF ROADS

Article 63 (Prohibited Acts)

Article 62 ~ 63

(1) No person shall operate the signal apparatus at random, or withdraw, remove or destroy the signal apparatus or safety signs, or hamper the utility of road by installing any signal apparatus, safety signs and other structures similar thereto.

(2) No person shall leave at random on a road any goods that are sufficient to hamper the traffic.

(3) No person shall perform such an act that falls under any of the following subparagraphs: <Amended by Act No. 4369, May 31, 1991>

1. Act of running about in a hubbub on a road under the influence of liquor;

2. Act of lying, sitting or standing on a road in a manner likely to hamper the traffic;

3. Act of playing games, such as catching balls, riding sledges, etc. on a road busy with the traffic;

4. Act of throwing or projecting a stone, glass bottle, metal scrap or other goods that are likely to injure or damage persons, vehicles and horses on a road;

5. Act of throwing goods from vehicles and horses passing on a road;

6. Act of jumping

Article 63

into, hang on, or jump down from vehicles and horses passing on a road; and

7. Other acts advised by the Commissioner of the Local Police Agency as he deems them necessary for preventing the dangers on a road.

Article 64 (Reports on Road Works and Safety Measures, etc.)

(1) Any person who intends to carry out such works as digging or excavating a road under an order of the road management administration and of other execution agencies of works, shall file a report with the chief of a police station on the date, section, period of works, and method of execution, and other necessary matters 3 days before such works: Provided, That in the case of a landslide, bursted water pipes, etc. requiring the urgent works, he shall first take the safety measures commensurate with them, and promptly file a report subsequent to commencing such works. <Amended by Act No. 5712, Jan. 29, 1999>

(2) When it is required for the person executing the works under paragraph (1) to guide the passage of vehicles and horses or to give directions, etc. during the period of works, he shall install the signal apparatus or safety signs under directions of the chief of a competent police station. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(3) When the person executing the works under paragraph (1) has damaged any signal apparatus or safety signs due to his works, he shall restore them to their original state under the conditions as

Article 64

determined by the Ordinance of the Minitry of Government Administration and Home Affairs. <Newly Inserted by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

Article 65 (Consultation as to Permission, etc. to Occupy Road)

(1) When a road management administration intends to perform an act falling under any of the following subparagraphs, it shall seek an opinion from the Commissioner of the National Police Agency in case where the said administration is the Minister of Construction and Transportation, and from the chief of a competent police station in case where the said administration is the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as the "Mayor/Do governor") or the head of Si/Gun: <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999>

1. When intending to permit an occupation of road under Article 40 of the Road Act: Provided, That the same shall not apply to the case as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, which is a permit for a part of sidewalks; and

2. When intending to prohibit or restrict the passage under Article 53 or 54 of the Road Act.

(2) In the case of the proviso of paragraph (1) 1, the road management administration shall promptly notify the Commissioner of the National

Article 65

Police Agency or the chief of a competent police station of such contents subsequent to giving a permit for occupation of the road. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(3) The Commissioner of the National Police Agency or the chief of a competent police station who has been notified under paragraph (2) may demand the road management administration to take necessary measures, when he deems it necessary for ensuring the traffic safety and smooth passing. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

Article 66 (Measures against Unlawful Structures)

(1) The chief of a police station may order the person falling under any of the following subparagraphs to correct his violating act, or to remove the traffic obstacle resulted from such act:

1. A person who has installed at random the signal apparatus, safety signs, and other structures similar thereto, in contravention of the provisions of Article 63 (1);

2. A person who has left the goods, in contravention of the provisions of Article 63 (2); and

3. A person who has installed the structure, etc. or executed the works, etc., in contravention of the provisions of Article 40 of the Road Act.

(2) When the chief of a police station is unable to order the measures under

Article 66

paagaph (1) since the name and domicile of the peson falling under paragraph (1) 1 through 3 are unknown, he may, at his own discretion, take such measures. In this case, the removed structures, etc. shall be kept under the custody of the chief of the police station.

(3) Matters necessary for the custody and disposal of the structures, etc. under the provisions of the latter part of paragraph (2) shall be prescribed by the Presidential Decree.

Article 67 (Measures for Preventing Dangers from Roadside Structures, etc.)

(1) When there exists a concern over causing any dangers to the traffic, or evidently hampering the traffic by the ground structures or other facilities or goods on the roadside, the chief of a police station may order the owner, occupant or manager of such structures, etc. to remove them, or to take other measures required for the traffic safety.

(2) In the case of paragraph (1), when it is impossible to order the measures under the provisions of paragraph (1) since the name and domicile of the owner, occupant, or manager of the structures, etc. are unknown, the chief of a police station may, at his own discretion, take such measures. In this case, the removed structures, etc. shall be kept under the custody of the chief of a police station.

(3) Matters necessary for the custody and disposal of the structures, etc. under the provisions of the latter part of paragraph (2) shall

Article 67

be prescribed by the Presidential Decree.

CHAPTER VII DRIVER'S LICENSE

Article 68 (Driver's License)

(1) Any person who intends to drive a motor vehicle, etc., shall obtain a driver's license from the Commissioner of the Local Police Agency. <Amended by Act No. 4369, May 31, 1991>

(2) Driver's licenses referred to in paragraph (1) shall be classified as follows: <Amended by Act No. 4872, Jan. 5, 1995>

1. First-class license:

License for large-sized vehicles;

License for ordinary vehicles;

License for small-sized vehicles;

License for special vehicles;

2. Second-class license:

License for ordinary vehicles;

License for small-sized vehicles;

Article 68

License for motor bikes; and

3. Driver's practice license:

First-class ordinary practice license;

Second-class ordinary practice license.

(3) The Commissioner of the Local Police Agency may, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, impose any conditions required for the driver's license, such as restricting the structure of motor vehicle, etc. which may be driven, pursuant to the physical conditions or driving ability of the person who is to obtain the driver's license. <Newly Inserted by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(4) The Commissioner of the Local Police Agency may newly impose, or alter, the conditions under the provisions of paragraph (3), pursuant to the physical conditions or driving ability of the person who has undergone the aptitude test under the provisions of Articles 74 and 74-2. <Newly Inserted by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(5) No person who has obtained a second-class driver's license shall drive the motor vehicles for business as provided for in the Passenger Transport Service Act or the Trucking Transport Business Act: Provided, That the same shall not apply to the case where

Article 68

one drives a motor vehicle by renting a vehicle for rent-a-car business under the Passenger Transport Service Act. <Amended by Act No. 5999, Aug. 31, 1999; Act No. 6392, Jan. 26, 2001>

(6) Kinds of motor vehicles, etc. which may be driven by the person having obtained a driver's license (excluding the driver's practice license) under the provisions of paragraphs (1) and (2), shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs pursuant to the kinds of motor vehicles, etc. as provided for in the Automobile Management Act and the Construction Machinery Management Act. <Amended by Act No. 3912, Dec. 31, 1986; Act No. 4518, Dec. 8, 1992; Act No. 4561, Jun. 11, 1993; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

Article 68-2 (Driver's Practice License)

(1) Driver's practice licenses shall be effective for one year from the day such licenses are granted: Provided, That in case where the person, having obtained a driver's practice license, has obtained the first-class ordinary license or the second-class one even before such period, his driver's practice license shall become null and void. <Amended by Act No. 5712, Jan. 29, 1999>

(2) Kinds of motor vehicles which may be driven by the person having obtained a driver's practice license, and other necessary matters, shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

Article 68-2

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 69 (Delivery, etc. of Driver's License)

(1) Any person who intends to obtain a driver's license shall pass a test for driver's license, and a driver's license shall be delivered to such person having passed it, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(2) A driver's license shall take effect from the time when the driver's license under the provisions of paragraph (1) has been delivered to the principal or his representative. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

Article 70 (Disqualifications for Driver's License)

(1) Any person falling under any of the following subparagraphs shall not be entitled to receive a driver's license: <Amended by Act No. 4421, Dec. 4, 1991; Act No. 4518, Dec. 8, 1992; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

1. A person who is under 18 years of age: Provided, That for a motor bike, a person who is under 16 years of age;

2. A person who is lunatic, mentally weak or epileptic;

3. A person who

Article 69 ~ 70

is deaf (limited t the first-class driver's license), blind, and the physically handicapped as prescribed by the Presidential Decree;

4. A person who has lost both arms above elbow joints or who is entirely unable to use both arms: Provided, That the same shall not apply to the case where he is able to normally drive an automobile which has been manufactured commensurate with the level of his physical handicaps;

5. A person who is addicted to narcotics, hemp, psychotropic drugs, or alcohol;

6. A person who, intending to obtain a first-class license for large-sized vehicles or that for special vehicles, is under 20 years of age, or has an experience of driving the motor vehicles, etc. (excluding twowheeled motor vehicles and motor bikes) for one year or less; or

7. Deleted. <by Act No. 4872, Jan. 5, 1995>

(2) Any person falling under any of the following subparagraphs shall not be entitled to obtain a driver's license unless the period as referred to in each of the relevant subparagraphs has elapsed. In this case, it shall be limited to persons who have been sentenced to the penalty of a fine or heavier ones (including a suspension of execution) in the cases of subparagraphs 1 through 4: <Newly Inserted by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999; Act No. 5999, Aug. 31, 1999; Act No. 6392, Jan. 26, 2001>

Article 70

1. In case where he has driven a motor vehicle, etc. in contravention of the provisions of Article 40 (1) or (2), two years (in the case of intending to obtain the motor bike license, six months) from the day of such violation (in the case of cancellation due to the driving during the period of suspending a validity of driver's license, the day of such cancellation): Provided, That in case where he has violated the provisions of Article 50 (1) and (2) after killing or injuring any person, five years from the day of such violation;

2. In case where he has violated the provisions of Article 50 (1) and (2) after killing or injuring a person in contravention of the provisions of Article 41 or 42, five years from the day of cancelling his driver's license;

3. In case where he has failed to take necessary measures and to file a report under the provisions of Article 50 (1) and (2), after killing or injuring a person due to other causes than Articles 40 through 42, four years from the day of having cancelled his driver's license;

4. In case where he has caused traffic accidents three times or more while driving a vehicle in contravention of the provisions of Article 41 (1), three years from the day of having cancelled his driver's license; and in case where a person committing a criminal offense by utilizing a vehicle, or stealing or capturing another person's vehicle, has driven the said vehicles, etc. in contravention of the provisions

Article 70

of Article 40 (1), three years from the day of such violations;

5. In case where his driver's license has been cancelled due to his violations of the provisions of Article 41 (1) or (2) three times or more, or it has been cancelled due to the causes under Article 78 (1) 2, 5 or 6, two years from the day of having cancelled his driver's license;

6. In case where his driver's license has been cancelled by other causes than the cases as referred to in subparagraphs 1 through 5, one year from the day of having cancelled his driver's license (in case where intending to obtain a motor bike license, six months): Provided, That the same shall not apply to the cases where a person whose driver's license was cancelled due to his failure to undergo the aptitude test or to renew the driver's license, or where a person having obtained the first-class driver's license intends to obtain the second-class driver's license again due to his failure to pass the aptitude test; and

7. In case where he is subjected to a disposition of suspending a validity of his driver's license, the said disposition period of suspension.

Article 70-2 (Registration of Driving School)

Any person who intends to establish and operate a motor vehicle driver training school (hereinafter referred to as the "driving school") shall register with the Commissioner of the Local Police

Article 70-2

Agency, under the conditions as prescribed by the Presidential Decree, by furnishing it with the facilities and equipment, etc. under the provisions of Article 70-4. The same shall apply to the case where intending to make any alterations in the matters as prescribed by the Presidential Decree from among the registered matters.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-3 (Conditional Registration)

(1) The Commissioner of the Local Police Agency may, in registering a driving school under the provisions of Article 70-2, accept the registration of any driving school under the conditions that the facilities and equipment, etc. pursuant to the provisions of Article 70-4 are to be furnished within the period as prescribed by the Presidential Decree.

(2) In case where the person who made a registration under the provisions of paragraph (1) has failed to furnish the facilities and equipment, etc. within the said period without any justifiable reasons, the Commissioner of the Local Police Agency shall cancel his registration.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-4 (Criteria for Facilities, etc.)

Any driving school shall be furnish with the facilities and equipments, etc.

Article 70-3 ~ 70-4

required for education pursuant to the criteria as prescribed by the Presidential Decree, such as the lecture rooms, skill training yards, incidental facilities, etc.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-5 (Disqualifications, etc.)

(1) Persons falling under any of the following subparagraphs shall not make a registration of a driving school under the provisions of Article 70-2: <Amended by Act No. 6565, Dec. 31, 2001>

1. An incompetent or quasi-incompetent;

2. A bankrupt who has not been reinstated as yet;

3. A person who has been consigned to an un-suspended sentence of imprisonment without prison labor or to a heavier punishment, and for whom 3 years have not passed after the completion of, or the fixed exemption from, its execution, or a person who is under such grace period;

4. A person whose qualification has been suspended or forfeitured under a court judgment;

5. A person for whom one year has not passed from the day of cancelling the registration of a driving school under the provisions of Article 71-15 (1) 1 and 5 through 11, (2) and (4); and

Article 70-5

6. A corporation in which there exist, among its officers, a person falling under subparagraphs 1 through 5.

(2) In case where a person who installs and manages a driving school has come to fall under any subparagraph of paragraph (1), the relevant registration shall lose its effect: Provided, That the same shall not apply to the case of paragraph (1) 6, where a corporation has been dismissed or replaced a person falling under the relevant reasons within 3 months from the day on which the relevant reasons occurred.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-6 (Report on Suspension or Closure of School Business)

In case where a person, who has installed and managed a driving school or a specialized driving school, closes the said school or suspends it for the period not less than one month, he shall file a report thereon with the Commissioner of the Local Police Agency within 7 days from the day of suspension or closure, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-7 (Course of Education, etc.)

Matters necessary

Article 70-6 ~ 70-7

for the course or method of education and operational standards, etc. of a driving school shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-8 (Instructors, etc.)

(1) Such matters shall be prescribed by the Presidential Decree which are necessary for the requisites for qualification, fixed numbers and criteria for posting, etc. of the instructors in charge of education in the driving school (referring to the persons conducting the education of Acts and subordinate statutes, knowledge and skill required for driving motor vehicles, etc.; hereinafter the same shall apply).

(2) The Commissioner of the Local Police Agency may conduct the training, under the conditions as prescribed by the Presidential Decree, for the persons who install and operate a driving school or a specialized driving school, the instructors of a driving school or a specialized driving school, and the skill examiners under Article 71-4, in case where it is required for enhancing their qualities.

(3) Any person who installs and manages a driving school or a specialized driving school shall post a notice of personnel affairs, such as names, ages, careers of its instructors, and the educational subjects, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

Article 70-8

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-9 (Lecture Fees, etc.)

(1) Any person who installs and manages a driving school or a specialized driving school may collect the lecture fees, expenses required for the skill examination under the provisions of Article 71-6, or the user's fees, etc. (hereinafter referred to as the "lecture fees, etc.") from its students.

(2) Any person who installs and manages a driving school or a specialized driving school shall determine the lecture fees, etc. by taking account of the contents and hours of education, etc., and post a notice of them under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

(3) Any person who installs and manages a driving school or a specialized driving school shall not collect the amount in excess of the lecture fees, etc. which have been posted under the provisions of paragraph (2).

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-10 (Return of Lecture Fees, etc.)

(1) Any person who installs and manages a driving school or a specialized driving school shall, in case where its students are unable to

Article 70-9 ~ 70-10

cntinue underging the lectures, r where he is unable t continue conducting the education due to the revocation of registration, moving, suspension of operation or revocation of designation, etc., take measures necessary for the protection of its students, such as returning the lecture fees, etc. collected from them, or having them to be admitted in another driving school or specialized driving school, etc.

(2) Matters necessary for a reason and amount for returning the lecture fees, etc. under the provisions of paragraph (1), and for the measures to have its students admitted in another schools, shall be prescribed by the Presidential Decree.

(3) In case where the students have been admitted in another driver training school or specialized driving school under the provisions of paragraph (1), the hours of education undergone in the previous driving school or specialized driving school shall be deemed to have undergone in the driving school or specialized driving school wherein they have been admitted.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 70-11 Deleted. <by Act No. 6565, Dec. 31, 2001>

Article 71 (Driver's License Test, etc.)

(1) Tests for driver's license (excluding those for the first-class and second class ordinary licenses) shall be conducted by category

Article 70-11 ~ 71

of driver's license by the Commissioner of the Local Police Agency or the head of the driver's license test institution having a position as a responsible administrative agency established under Article 4 of the Act on the Establishment and Operation of Responsible Administrative Agencies (hereinafter referred to as the "head of the driver's license test institution"), on the following matters: Provided, That the driver's license test conducted by the Commissioner of the Local Police Agency shall be limited to the licenses as prescribed by the Presidential Decree: <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5999, Aug. 31, 1999>

1. Aptitude required for driving motor vehicles, etc.;

2. Skills required for driving motor vehicles, etc.;

3. Knowledges on Acts and subordinate statutes as to motor vehicles, etc. and road traffic; and

4. Operational methods of motor vehicles, etc., and essentials of checking required for the safe driving.

(2) The test for the first-class or second-class ordinary license shall be conducted by the head of a driver's license test institution for the persons having obtained the first-class or second-class ordinary practice license in order to test their driving skills on roads, which are required for driving motor vehicles, by the category of driver's licenses. <Newly Inserted by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999; Act No. 5999, Aug. 31, 1999>

Article 71

(3) Any person, who is not entitled to obtain a driver's license under the provisions of Article 70, shall not be permitted to take the test for a driver's license. <Newly Inserted by Act No. 5712, Jan. 29, 1999>

(4) Any person who intends to take a driver's license test under the provisions of paragraph (1) 2 shall undergo a traffic safety education under the provisions of Article 49 (1), or complete the course for written test at a specialized driving school under the provisions of Article 71-2 (1), before he takes the said driver's license test. <Newly Inserted by Act No. 6565, Dec. 31, 2001>

(5) Methods, procedures pertaining to the test for driver's license under paragraphs (1) and (2) and other necessary matters shall be prescribed by the Presidential Decree. <Amended by Act No. 4872, Jan. 5, 1995>

Article 71-2 (Designation, etc. of Specialized Driving School)

(1) The Commissioner of the Local Police Agency may designate any driving schools registered under the provisions of Article 70-2, which meet the standards falling under any of the following subparagraphs, as the specialized driving school (hereinafter referred to as the "specialized driving school"), in order to elevate the educational standards as to the driving of motor vehicles and ensure the improvement of drivers' quality, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs: <Amended by Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001>▷

Article 71-2

1. A school superintendent who meets requisites for qualification under the provisions of Article 71-3 (referring to a person in charge of the course for written test and skill test of a specialized driving school and the operation of school affairs; hereinafter the same shall apply) shall be assigned: Provided, That in case where the person who installs and manages a driving school meets such requisites, he may concurrently hold the office of school superintendent. In this case, a deputy school superintendent assisting the school superintendent shall be assigned;

2. Skill examiners under the provisions of Article 71-4 (referring to a person who conducts skill examinations under the provisions of Article 71-6; hereinafter the same shall apply) and instructors under the provisions of Article 71-5 shall be employed in conformity with the standards as prescribed by the Presidential Decree;

3. Facilities, equipment, etc. in conformity with the standards as prescribed by the Presidential Decree shall be furnished; and

4. Operations of the relevant specialized driving school, such as educational methods, driving ability of the graduates, etc. shall satisfy the criteria as prescribed by the Presidential Decree.

(2) The Commissioner

Article 71-2

of the Local Police Agency shall not designate the schools falling under any of the following subparagraphs as a specialized driving school: <Amended by Act No. 6392, Jan. 26, 2001>

1. Any school established and managed by a person who has established and managed a driving school or a specialized driving school, whose registration has been cancelled under the provisions of Article 71-15 (excluding paragraph (1) 2 through 4), or by the ex-superintendent or ex-deputy superintendent of such school, within 3 years from the day of cancelling the said registration; and

2. Any school established and managed at the same place of school whose a registration has been cancelled under the provisions of Article 71-15 (excluding paragraph (1) 2 through 4), within 3 years from the day of such cancellation.

(3) When a specialized driving school designated under the provisions of paragraph (1) intends to alter any important matters as prescribed by the Presidential Decree, it shall obtain an approval of the Commissioner of the Local Police Agency having jurisdiction over its location.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-3 (School Superintendent, etc.)

A school superintendent or a deputy school superintendent shall be the persons

Article 71-3

falling under any of the following subparagraphs: <Amended by Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001>

1. A person who is not less than 35 years of age, but not more than 65 years of age;

2. A person not falling under any of the following items, who has a career (limited to the management service career) of serving for not less than 3 years in the affairs as to a road traffic, or in the duties as to the operation and management of a driving school or a specialized driving school:

(a) A person who falls under any of subparagraphs of Article 89; and

(b) A person for whom 3 years have not elapsed since his sentence of a fine or heavier punishment as declared by a court in violation of subparagraphs 1 through 7 of Article 107-2 was completely executed or exempted; and

3. In the case of a person who has established and managed a driving school or a specialized driving school whose registration has been cancelled under the provisions of Article 71-15 (1) 1 and 5 through 11, (2) and (4), or of the ex-superintendent or the ex-deputy superintendent of such school, a person for whom 3 years have elapsed from the day of cancelling the said registration.

Article 71-3

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-4 (Skill Examiners)

(1) Qualification criteria for skill examiners shall be as follows: <Amended by Act No. 5712, Jan. 29, 1999>

1. A person who has passed the qualifying test for skill examiners under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, and completed the training course on the driving skill examination at the specialized organ as designated by the Commissioner of the National Police Agency; and

2. A person who is determined by the Ordinance of the Ministry of Government Administration and Home Affairs to have the qualification equivalent to or higher than subparagraph 1 as to the skill examination, and who has completed the training course on the driving skill examination at the specialized organ as designated by the Commissioner of the National Police Agency.

(2) The Commissioner of the National Police Agency shall deliver a qualification certificate for skill examiner to the persons who have completed the training course under the provisions of paragraph (1), under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

Article 71-4

(3) No person falling under any of the following subparagraphs shall not become a skill examiner: <Amended by Act No. 6392, Jan. 26, 2001>

1. A person who is under 27 years of age;

2. A person for whom 2 years have not elapsed since his imprisonment without prison labor or a heavier punishment as declared by a court in violation of the provisions of 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, etc. of Specific Crimes, was completely executed or exempted;

3. A person who is under a grace period after having been sentenced to imprisonment without prison labor or a heavier punishment as declared by a court in violation of the provisions of 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, etc. of Specific Crimes;

4. In case where the qualification of a skill examiner has been cancelled under the provisions of paragraph (4), the person for whom 3 years have not elapsed from the day of cancelling the said qualification; and

5. A person who fails to obtain the driver's license enabling to drive any

Article 71-4

vehicles used for the skill examination, or the person for whom 3 years have not elapsed from the day of obtaining such driver's license.

(4) When a skill examiner falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may cancel the qualification of a skill examiner pursuant to the criteria as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, or suspend a validity of such qualification with fixing a period within the limit of one year: Provided, That in case where falling under subparagraphs 1 through 6, he shall revoke such qualification: <Amended by Act No. 5712, Jan. 29, 1999>

1. When he has falsely attested the fact of passing the skill examination under the provisions of Article 71-6 (4);

2. When he has received a delivery of the qualification certificate for a skill examiner by a falsity or illegal means;

3. When he has been sentenced to a penalty heavier than imprisonment without prison labor (including a suspension of execution) in violation of the provisions of 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, etc. of Specific Crimes;

4. When he has performed a skill examination during the period of suspension of his qualification as a skill examiner;

Article 71-4

5. When he has leased his qualification certificate for a skill examiner to other persons;

6. When his driver's license enabling to drive a motor vehicle used for the skill examination, has been revoked;

7. When a validity of his driver's license enabling to drive a motor vehicle used for the skill examination, has been suspended; and

8. When he has committed an illegal act in relation to his duties as a skill examiner.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-5 (Instructors of Specialized Driving School)

(1) Qualification criteria for an instructor (referring to an instructor of a specialized driving school; hereafter in this Article, the same shall apply) shall be as follows: <Amended by Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001>

1. A person who has passed the qualifying test for an instructor under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, and completed the training course on the driving of vehicles at the specialized organ as designated by the Commissioner

Article 71-5

of the National Police Agency; and

2. A person who is determined by the Ordinance of the Ministry of Government Administration and Home Affairs to have the qualification equivalent to or higher than subparagraph 1 as to the skill of and knowledge on the driving of vehicles, and who has completed the training course on the driving of vehicles at the specialized organ as designated by the Commissioner of the National Police Agency.

(2) The Commissioner of the National Police Agency shall deliver the certificate of instructor's qualifications to the persons who have completed the training course under the provisions of paragraph (1), under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

(3) No person falling under any of the following subparagraphs shall not become an instructor: <Amended by Act No. 6392, Jan. 26, 2001>

1. A person who is under 20 years of age;

Article 71-5

Punishment, etc. of Specific Crimes, was completely executed or exempted;

4. A person for whom 3 years have not elapsed from the day of cancelling the instructor's license under the provisions of paragraph (4); and

5. A person who fails to obtain the driver's license enabling to drive any motor vehicles used for the skill training, or for whom 2 years have not elapsed from the day of obtaining a driver's license.

(4) When a person who has received an instructor's qualification certificate under the provisions of paragraph (2) falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may revoke the qualification of the said instructor pursuant to the criteria as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, or suspend a validity of the said qualification with fixing a period within the limit of one year: Provided, That when falling under subparagraphs 1 through 5, he shall revoke the said qualification, and the provisions of subparagraphs 5

Article 71-5

and 6 shall not apply to an instructor in charge of teaching academic subjects on driving: <Amended by Act No. 5712, Jan. 29, 1999; Act No. 6565, Dec. 31, 2001>

1. When he has received the instructor's qualification certificate by a falsity or illegal means;

2. When he has been sentenced to a penalty heavier than imprisonment without prison labor (including a suspension of execution) in violation of the provisions of Article 3 (1) of the Act on Special Cases concerning the Traffic Accidents, or Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

3. When he has conducted an education during the period of suspending the qualification as an instructor;

4. When he has leased the qualification certificate of an instructor to other person;

5. When his driver's licence enabling to drive a motor vehicle used for the skill education, has been revoked;

6. When a validity of his driver's license enabling to drive a motor vehicle used for the skill education, has been suspended;

7. When he has committed an illegal act in relation to the duties as an instructor; and

Article 71-5

8. When he has violated the provisions of Article 71-16.

(5) The superintendent of a specialized driving school shall not make any person other than an instructor to teach academic subjects or skills on the driving of motor vehicles.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-6 (Skill Examination)

(1) The Commissioner of the Local Police Agency may, under the conditions as prescribed by the Presidential Decree, make the superintendent of a specialized driving school to conduct an examination (hereinafter referred to as the "skill examination") on whether or not the students of relevant specialized driving school have acquired the driving skill or the ability to drive on roads pursuant to Article 71 (1) 2 and (2). <Amended by Act No. 6565, Dec. 31, 2001>

(2) The superintendent of a specialized driving school shall, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, make the skill examiner to conduct the skill examination only on the persons who have completed academic courses as to the driving of motor vehicles and the skill education to practice a skill required for driving motor vehicles, etc. under Article 71 (1) 2 (hereinafter referred to as the "skill education in a school"), or have completed the skill education to practice a driving ability on roads under Article 71 (2) (hereinafter referred

Article 71-6

to as the "driving education on a road"). <Amended by Act No. 5712, Jan. 29, 1999>

(3) The superintendent of a specialized driving school shall not make other person than a skill examiner to conduct the skill examination.

(4) Skill examiners shall attest in writing, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, in regard to the persons who have passed a skill examination conducted by themselves, the fact of the said passing. <Amended by Act No. 5712, Jan. 29, 1999>

(5) The superintendent of a specialized driving school shall, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, deliver a certificate for completion of courses or a diploma pursuant to the category of skill examinations, to the persons for whom the skill examiner has attested in writing the fact of passing it under the provisions of paragraph (4). <Amended by Act No. 5712, Jan. 29, 1999>

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-7 Deleted. <by Act No. 5712, Jan. 29, 1999>

Articles 71-8 through 71-10 Deleted. <by Act No. 6392, Jan. 26, 2001>

Article 71-7

Article 71-11 (Legal Fiction as Public Official)

In application of the penal provisions pursuant to the Criminal Act and other Acts, the superintendents and deputy superintendents of specialized driving schools shall be regarded as public officials with regard to the affairs of a skill examination and of verifying the fact of taking courses; the skill examiners, with regard to the affairs of skill examinations; and the instructors, with regard to the affairs of verifying the fact of taking courses. <Amended by Act No. 6392, Jan. 26, 2001>

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-12 Deleted. <by Act No. 6392, Jan. 26, 2001>

Article 71-13 (Prohibition of Using Similar Title, etc.)

(1) Other schools than the specialized driving schools under this Act shall be prohibited from using in their titles the term "specialized driving school" or other terms similar thereto. <Amended by Act No. 6392, Jan. 26, 2001>

(2) Any person who has failed to register a driving school under Article 70-2 shall not placard a title, nor make an advertisement, by using any titles which are similar to the driving school or the specialized driving school. <Newly Inserted by Act No. 6392, Jan. 26, 2001>

(3) Any person

Article 71-11 ~ 71-13

who has failed to register a driving school under Article 70-2 shall not put, on his own motor vehicles or leased ones, any marks which are similar to the vehicles for road driving education of the driving school or the specialized driving school. <Newly Inserted by Act No. 6392, Jan. 26, 2001>

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-14 (Federation of Specialized Driving Schools)

(1) Founders of specialized driving schools may establish the federation of specialized driving schools (hereinafter referred to as the "federation") for the purpose of a sound fostering and development of specialized driving schools, the mutual co-operation between them, and the improvement of their common interests.

(2) The federation shall be a juristic person.

(3) The articles of association of the federation shall contain the following matters:

1. Objects;

2. Title;

3. Location of its principal office;

4. Matters concerning the board of directors and its members;

Article 71-14

5. Matters concerning its officers and employees;

6. Matters concerning projects;

7. Matters concerning the property and accounting; and

8. Matters concerning alterations in its articles of association.

(4) The articles of association as referred to in paragraph (3) shall be authorized by the Commissioner of the National Police Agency. The same shall also apply to the case of any alteration in its articles of association.

(5) The federation shall carry out the following projects:

1. Research on the development of the system of specialized driver training schools;

2. Development of the educational facilities and teaching materials of the specialized driving schools;

3. Research and development of education conducted at the specialized driving schools, and the method of skill examination;

4. Projects for the education and training of the superintendents, deputy superintendents, skill examiners, and instructors of the

Article 71-14

specialized driving schools, and for improvement of their welfare;

5. Matters entrusted by the Commissioner of the National Police Agency; and

6. Other projects necessary for achieving the objects of the federation.

(6) The Commissioner of the National Police Agency shall, under the conditions as prescribed by the Presidential Decree, exercise the supervision over the federation, and may issue any order necessary for a sound operation of the federation.

(7) Except as otherwise provided in this Act, the provisions concerning the corporate juristic person in the Civil Act shall apply mutatis mutandis to the federation.

[This Article Newly Inserted by Act No. 4872, Jan. 5, 1995]

Article 71-15 (Administrative Dispositions)

(1) When a driving school or a specialized driving school falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may, pursuant to the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, revoke its registration, or order the suspension of its operation with fixing a period within one year: Provided, That in case where it falls under subparagraph 1, the said Commissioner shall revoke its registration: <Amended

Article 71-15

by Act No. 6565, Dec. 31, 2001>

1. When it has been registered under the provisions of Article 70-2, or has been designated under the provisions of Article 71-2 (1), by falsity or other unlawful means;

2. When it has become short of the facility standards under the provisions of Article 70-4;

3. When it has failed to open not later than an elapse of two months from the scheduled date of opening, without any justifiable reasons;

4. When it has been continually suspended for more than two months, without any justifiable reasons;

5. When it has been operated under unlawful means, such as making alterations in the registered matters without filing any altered registration;

6. When it has conducted the education in contravention of the curricula, methods of education, and operational criteria, etc. under the provisions of Article 70-7 or 71-2 (1) 4, or has attested the fact of education by falsity;

7. When it has violated the criteria for posting instructors under the provisions of Article 70-8 (1), or the criteria for posting the skill examiners and instructors under the provisions of Article 71-2 (1) 2;

Article 71-15

8. When it has failed to submit data or to file the reports under the provisions of Article 101 (3), or has submitted the false data or filed the false reports;

9. When it has refused, obstructed or evaded an entry or inspection of a relevant public official under the provisions of Article 101 (3);

10. When it has failed to comply with orders for improving the facilities and equipment under the provisions of Article 101 (3), and other necessary orders; and

11. When it has violated this Act or the orders or dispositions under this Act.

(2) When a specialized driving school falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may, pursuant to the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, revoke the registration of such school, or order the suspension of its operation with fixing a period within one year: <Amended by Act No. 6565, Dec. 31, 2001>

1. and 2. Deleted; <by Act No. 6565, Dec. 31, 2001>

3. When it has failed to obtain an approval in contravention of the provisions of Article 71-2 (3);

4. When it has violated the provisions of Article 71-5 (5) or 71-6 (3);

Article 71-15

5. When it has conducted a skill examination on the persons who have not completed academic courses as to the driving of motor vehicles and the skill education, or who have not completed the education to drive on roads, in contravention of the provisions of Article 71-6 (2);

6. When a skill examiner has attested by falsity the fact of passing a skill examination, in contravention of the provisions of Article 71-6 (4);

7. When a school superintendent has delivered a completion certificate or a diploma to the persons who have failed to pass a skill examination, in contravention of the provisions of Article 71-6 (5);

8. When the ratio of persons who have caused traffic accidents or violated important traffic statutes, from among persons who have graduated from the relevant specialized driving school and obtained a driver's license, is in excess of the ratio as prescribed by the Presidential Decree; and

9. When it has failed to conduct a traffic safety education under the provisions of Article 72-2 (1).

(3) The Commissioner of the Local Police Agency may, in case where the specialized driving school falls under any of the following subparagraphs, revoke the relevant designation pursuant to the standards

Article 71-15

as determined by the Ordinance of the Ministry of Government Administration and Home Affairs:

1. When it has come not to meet the designation standards under the provisions of Article 71-2 (1) 1 through 3; and

2. When the operation of specialized driving school has been suspended under the provisions of paragraphs (1) and (2).

(4) The Commissioner of the Local Police Agency may, when the driving school or specialized driving school continues its operation in contravention of the order for suspending its operation under the provisions of paragraph (1) or (2), revoke its registration or order additionally the suspension of its operation with fixing a period within one year, pursuant to the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 71-16 (Prohibition of Unregistered and Onerous Driving Education, etc.)

Any person who has not made a registration of a driving school under the provisions of Article 70-2 shall not perform at a price the acts falling under any of the following subparagraphs:

1. Driving education

Article 71-16

offered either outside a driving school or a specialized driving school, or inside such schools under the leased title; and

2. Acts to make one to utilize the facilities enabling to practice driving, by having such facilities available.

[This Article Wholly Amended by Act No. 6565, Dec. 31, 2001]

Article 71-17 (Measures on Driving Schools, etc.)

(1) In case where any driving school or specialized driving school is established and managed without obtaining a registration or designation under the provisions of Article 70-2 or 71-2 (1), or any driving school or specialized driving school subjected to a revocation of its registration or a disposition of suspending its operation under the provisions of Article 71-15, continues its education for driving motor vehicles, the Commissioner of the Local Police Agency may take measures falling under any of the following subparagraphs, in order to close the relevant driving school or specialized driving school, or to suspend its operation:

1. To remove the signboard and other signals of the relevant driving school or specialized driving school, or to install establishments to restrict any accesses by the students; and

2. To put on the notices informing that the relevant driving school or specialized driving school is a facility which has not

Article 71-17

obtained any registration or designation, or that which has been subjected to administrative dispositions under the provisions of Article 71-15.

(2) Measures under the provisions of paragraph (1) shall be taken within the minimum limits necessary for achieving the relevant objectives.

(3) Public officials who take measures under the provisions of paragraph (1) shall carry the voucher indicating his authority, and show it upon request of the parties concerned.

[This Article Newly Inserted by Act No. 6392, Jan. 26, 2001]

Article 72 (Exemption from Test for Driver's License)

Any person who falls under one of the following subparagraphs shall be partially exempted from the test for driver's license, under the conditions as prescribed by the Presidential Decree: <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001; Act No. 7171, Feb. 9, 2004>

1. Graduates from a mechanical course or a subject on motor vehicles in a university, junior college or technical high school, who have learned the course pertaining to motor vehicles while attending school;

2. Persons who have passed a test for technical qualification pertaining to the maintenance or inspection of motor vehicles under

Article 72

the provisions of Article 10 of the National Technical Qualifications Act;

3. Persons who possess a driver's license of motor vehicles delivered by a competent organ in a foreign country;

4. Persons who have practical experiences in driving military motor vehicles, etc. for over 6 months during the period of military service;

5. Persons who intend to obtain the driver's license again, after his driver's license was cancelled due to a failure to undergo an aptitude test under the provisions of Article 74 (1), or to renew the driver's license under the provisions of Article 74 (4);

6. Persons who intend to obtain a driver's license different from the previously obtained one;

7. Persons who hold a completion certificate or a diploma of a specialized driving school under the provisions of Article 71-6 (5);

8. Persons who are recognized to have obtained the driver's license in the northern region of the Military Demarcation Line; and

9. Persons who intend to obtain again the driver's license after the said license has been revoked under the provisions of Article 78 (1) 9 through 11 or 13.

Article 72

Article 72-2 (Designation, etc. of Road Safety Education Institution)

(1) Traffic safety educations that are to be undergone by a person who intends to obtain a driver's license under the provisions of Article 49 (1) (hereinafter referred to as the "traffic safety education")shall be conducted by a specialized driving school, and an institution or establishment designated by the Commissioner of the Local Police Agency under the provisions of paragraph (2).

(2) When an institution or establishment falling under any of the following subparagraphs files an application for performing the traffic safety education by meeting such requirements as the facilities, equipment, and instructors, etc. as prescribed by the Presidential Decree, the Commissioner of the Local Police Agency may designate the relevant institution or establishment as the institution to perform the traffic safety education (hereinafter referred to as the "traffic safety education institution"):

1. A school under the provisions of Article 70-2;

2. The Road Traffic Safety Authority under the provisions of Articles 83 and 84, its district subdivisions or branch offices, and educational institutions;

3. An establishment attached to a university wherein the courses for a lifelong education under the provisions of Article 25 (4)

Article 72-2

of the Lifelong Education Act have been opened;

4. An educational establishment of an agency to control the driver's license, which is a responsible administrative agency that has been established under the provisions of Article 4 of the Act on the Establishment and Operation of Responsible Administrative Agencies; and

5. An educational establishment managed by Si, Gun or autonomous Gu.

(3) When the Commissioner of the Local Police Agency has designated a traffic safety education institution under the provisions of paragraph (2), he shall issue a certificate of designation as determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

(4) The Commissioner of the Local Police Agency shall not designate an institution falling under any of the following subparagraphs as a traffic safety education institution:

1. An institution established and operated by the person, who has established and operated a traffic safety education institution whose designation was revoked under the provisions of Article 72-7, without an elapse of 3 years from the day of revoking such designation; or

2. An institution established and operated at the same place of the institution whose designation has been revoked under the provisions

Article 72-2

of Article 72-7, within 3 years from the day of revoking such designation.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 72-3 (Persons Responsible for Management of Traffic Safety Education Institution)

(1) The head of a traffic safety education institution may, when deemed necessary for an efficient management of educational affairs, appoint the person responsible for management of the traffic safety education institution from among the employees belonging to the relevant institution (excluding the traffic safety education instructors under the provisions of Article 72-4 (1)).

(2) The head of a traffic safety education institution (when the head of a traffic safety education institution has appointed the person responsible for management of the traffic safety education institution under the provisions of paragraph (1), referring to the said person responsible for it; the same shall apply hereinafter) shall lead and supervise the instructors in charge of traffic safety education (hereinafter referred to as the "traffic safety education instructors"), and exercise control so as to enable the affairs of traffic safety education to be fairly performed.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 72-3

Article 72-4 (Qualifications, etc. for Traffic Safety Education Instructor)

(1) The traffic safety education institution shall employ traffic safety education instructors.

(2) Traffic safety education instructors under the provisions of paragraph (1) shall be the persons falling under any of the following subparagraphs:

1. A person who holds the academic course instructor's quality certificate issued by the Commissioner of the Local Police Agency under the provisions of Article 71-5 (2); or

2. A person falling under any of the following items, who has graduated from a university whose course of study under the Higher Education Act extends over four years or more (including persons having scholastic ability equal thereto or higher than those), or who has acquired the first or second grade regular teacher's quality under the provisions of Article 21 (2) of the Elementary and Secondary Education Act:

(a) A person having a career of serving in the administration or educational affairs pertaining to road traffics for two or more years; or

(b) A person who has completed a course of study pertaining

Article 72-4

to traffic safety as set by the Commissioner of the National Police Agency.

(3) Any person who falls under any subparagraph of Article 71-5 (3) shall not become a traffic safety education instructor.

(4) The head of a traffic safety education institution shall not make other persons than traffic safety instructors to perform a traffic safety education.

(5) The Commissioner of the Local Police Agency may provide in-service training, under the conditions as prescribed by the Presidential Decree, to the traffic safety education instructors, when deemed necessary for the case where the Acts and subordinate statutes concerning a road traffic are amended, or for an effective traffic safety education.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 72-5 (Verification, etc. of Taking Courses in Traffic Safety Education)

(1) When a traffic safety education instructor has completed the traffic safety education under the provisions of Article 49 (1), he shall file a report on the details of courses taken by each individual with the head of a traffic safety education institution.

(2) The head of a traffic safety education institution shall, upon receipt

Article 72-5

of a report under the provisions of paragraph (1), issue the certificates for completion of education to the persons who have undergone the education meeting the standards as prescribed by the Presidential Decree, and promptly file a report thereon with the Commissioner of the Local Police Agency.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 72-6 (Report on Suspension or Closure of Operation of Traffic Safety Education Institution)

The head of a traffic safety education institution shall, when he intends either to suspend for one month or more an operation of a relevant traffic safety education institution or to close it, file a report thereon with the Commissioner of the Local Police Agency not later than 7 days prior to the scheduled date for such suspension or closure, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 72-7 (Revocation, etc. of Designation of Traffic Safety Education Institution)

When a traffic safety education institution falls under any of the following

Article 72-6 ~ 72-7

subparagraphs, the Commissioner of the Local Police Agency shall revoke its designation:

1. When a traffic safety education institution was subjected to an order for a corrective measure as it did not satisfy the designation standards under the provisions of Article 72-2 (2), and has failed to comply with it within 30 days therefrom;

2. When the head of a traffic safety education institution has issued a certificate for completion of education to a person who has failed to undergo a course of traffic safety education in violation of the provisions of Article 72-5 (2);

3. When the head of a traffic safety education institution has failed to submit the data or to file a report in violation of Article 101 (3), or has submitted the false data or filed false reports; and

4. When the head of a traffic safety education institution has refused, obstructed or evaded any access or inspection of a relevant public official, in violation of the provisions of Article 101 (3).

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 73 (Reissuing of Driver's License)

When a person has lost his driver's license, or such license has become unusable

Article 73

due to wearing out, he may file a report thereon with the Commissioner of the Local Police Agency under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, and obtain a reissuing. <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

Article 74 (Regular Aptitude Test and Renewal of Driver's Licenses)

(1) Any person who has obtained a driver's license (excluding the driver's practice license: hereafter the same shall apply in this Article and Article 74-2) shall undergo a regular aptitude test conducted by the head of a driver's license test agency under the conditions as prescribed by the Presidential Decree within the period referred to in paragraph (2): Provided, That the same shall not apply to the persons who have obtained the second-class driver's license. <Amended by Act No. 5999, Aug. 31, 1999>

(2) The period of a regular aptitude test for the holders of the first-class driver's licenses shall be as follows:

1. The period of the first regular aptitude test shall be within 3 months from the day on which 7 years (5 years for any person over 65 years old) elapsed reckoning from the day one has passed the test for a driver's license under the provisions of Article 71 (1) or (2); and

2. The period of a regular aptitude test other than subparagraph 1 shall

Article 74

be within 3 months from the day on which 7 years (5 years for any person over 65 years old) elapsed reckoning from the day the period of an immediately preceding regular aptitude test commences.

(3) When any person who has obtained a fist-class driver's license has passed a regular aptitude test, the Commissioner of the Local Police Agency shall issue a renewed driver's license.

(4) Any person who has obtained a second-class driver's license shall obtain an issuance of a renewed driver's license from the Commissioner of the Local Police Agency within the period of a renewal of driver's license under the provisions of each of the following subparagraphs: <Amended by Act No. 6392, Jan. 26, 2001>

1. The first renewal period of the driver's license shall be within 3 months from the day on which 9 years elapsed, reckoning from the day of passing the test for driving license under the provisions of Article 71 (1) or (2); and

2. The renewal period of other driver's licenses than subparagraph 1 shall be within 3 months from the day on which 9 years elapsed, reckoning from the day the immediately preceding renewal period of driver's licenses commences.

[This Article Wholly Amended by Act No. 5712, Jan. 29, 1999]

Article 74

Article 74-2 (Irregular Aptitude Test)

(1) When any person who has obtained a driver's license (including any person who has obtained an international driver's license) comes to fall under such causes as prescribed by the Presidential Decree, such as the postnatal physical handicaps hampering the safe driving, he shall undergo an irregular aptitude test conducted by the head of a driver's license test agency. <Amended by Act No. 5999, Aug. 31, 1999>

(2) Matters necessary for the period and notice of an irregular aptitude test under the provisions of paragraph (1) shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5712, Jan. 29, 1999]

Article 74-3 (Notice of Individual Information)

(1) The head of an institution as prescribed by the Presidential Decree from among the institutions in possession of the individual information on the postnatal physical handicaps, etc. of the persons who are obliged to undergo an irregular aptitude test under the provisions of Article 74-2 (1), shall notify the Commissioner of the Local Police Agency of individual information pertaining to an irregular aptitude test.

(2) Matters necessary for the contents and methods of notice of the individual information to be notified to the Commissioner of the Local

Article 74-2 ~ 74-3

Police Agency under the provisions of paragraph (1), shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5712, Jan. 29, 1999]

Article 75 Deleted. <by Act No. 5712, Jan. 29, 1999>

Article 76 (Temporary Driver's Certificates)

(1) When the persons falling under any of the following subparagraphs have filed an application for the issuance of a temporary driver's certificate, the Commissioner of the Local Police Agency shall issue a temporary driver's certificate under the conditions as prescribed by the Presidential Decree: Provided, That in the case of subparagraph 3, the driver's license held by himself whereto entered the matters as determined by the Ordinance of the Ministry of Government Administration and Home Affairs may be substituted for a temporary driver's certificate: <Amended by Act No. 6565, Dec. 31, 2001>

1. Where an examinee has passed the driver's license test;

2. Where a driver's licensee has filed a report under the provisions of Article 73;

3. Where a person has filed an application for an aptitude test or a delivery of a renewed driver's license under the provisions of Article 74, or filed an application for an irregular aptitude test under the provisions of Article 74-2; and

Article 75 ~ 76

4. Where a person who is subject to the disposition of revocation or suspension of driver's license under the provisions of Article 78 has submitted his driver's license.

(2) Temporary driver's certificates under paragraph (1) shall take the same effect as the driver's license during its effective period.

Article 77 (Obligation to Carry and Present Driver's License)

(1) When driving a motor vehicle, etc., one shall carry with himself a driver's license (including an international driver's license under the provisions of Article 80 and a construction machinery operator's license pursuant to the Construction Machinery Management Act; hereinafter referred to as the "driver's license, etc."), or a certificate substituting a driver's license (referring to a temporary driver's certificate under the provisions of Article 76, an order to attend and a notice for payment of penalty under the provisions of Article 99, and a notice under the provisions of Article 102-2 (2); hereinafter the same shall apply). <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

(2) A driver under paragraph (1) shall present a driver's license, etc. or a certificate substituting it, when a police officer has made the said request while he drives. <Amended by Act No. 4872, Jan. 5, 1995>

Article 78 (Revocation and Suspension of Driver's License)

Article 77 ~ 78

(1) When a person who has obtained a driver's license (excluding the driver's practice license; hereafter in this Article, the same shall apply) falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may revoke the driver's license or suspend its validity within the limit of one year, pursuant to the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs: Provided, That he shall revoke such driver's license when the said person falls under subparagraphs 1, 2, 3 (excluding the time when a period of regular aptitude test has been expired), 5 through 8, 10, 11, 13, and 14: <Amended by Act No. 4243, Aug. 1, 1990; Act No. 4369, May 31, 1991; Act No. 4421, Dec. 14, 1991; Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999; Act No. 5999, Aug. 31, 1999; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001>

1. When he has come to fall under Article 70 (1) 2 through 5;

2. When a person who is disqualified for a driver's license under the provisions of Article 70 has obtained a driver's license, or has done so by a falsity or illegal means, or when it has been found that he has been delivered a driver's license or a certificate substituting it during the period of suspending the validity of driver's license;

3. When he has failed to undergo an aptitude test under the provisions of

Article 78

Articles 74 (1) and 74-2 (1), or has not passed the said aptitude test;

4. When he has caused a traffic accident by intent or negligence while driving;

5. When a person who has obtained a driver's license has committed a criminal offense by using the motor vehicles, etc.;

6. When he has stolen or captured another person's vehicle, etc.;

7. When he has taken a driver's license test under the provisions of Article 71 so as to make another person to unlawfully obtain a driver's license;

8. When he has refused a measurement by a police officer, despite there exists a due reason which is recognizable that he is under the influence of liquor in contravention of the provisions of Article 41 (2);

8-2. When he has driven under a drunken condition, in contravention of the provisions of Article 41 (1);

8-3. When he has driven a motor vehicle, etc. under the conditions that there exists a concern over being incapable of driving normally due to the influence of drugs, in contravention of the provisions of Article 42;

9. When he has assaulted

Article 78

a police officer, etc. and public officials of Si/Gun who perform their traffic control duties under this Act;

10. When he has made another person to drive by leasing his driver's license, or has exercised another person's driver's license by borrowing it;

11. When he has driven a motor vehicle (excluding two-wheeled vehicles) which has failed to make a registration under the provisions of the Automobile Management Act, or to obtain a permit for provisional driving;

12. When he has failed to take necessary measures or to file a report under the provisions of Article 50 (1) or (2) after he injured or killed a person in a traffic accident;

13. When there has been a cause for revoking his driver's practice license prior to receiving a first-class and second-class ordinary license;

14. When the person, who violated the provisions of Article 41 (1) or (2) over 2 or more occasions, has come to fall under the causes for suspending his driver's license due to another violation of the provisions of Article 41 (1);

15. When one year has elapsed while failing to renew his driver's license within the period under the provisions of Article 74

Article 78

();

16. Where the head of a related administrative agency has requested a disposition of revocation or suspension of his driver's license pursuant to the provisions of other Acts; and

17. When he has violated this Act, or an order given or a disposition taken under this Act, in order to ensure the safety of road traffic and the smooth passing.

(2) When the person who obtained an issuance of a driver's practice license has either caused while driving any traffic accident by intent or negligence, or has violated this Act or any order issued under this Act, the Commissioner of the Local Police Agency shall cancel the said license: Provided, That the same shall not apply to the cases as prescribed by the Presidential Decree, such as those where there exist no causes attributable to the principal, etc. <Newly Inserted by Act No. 4872, Jan. 5, 1995>

(3) When the Commissioner of the Local Police Agency has revoked or suspended a driver's license under the provisions of paragraph (1), or has revoked a driver's practice license under the provisions of paragraph (2), he shall notify the person, who has obtained the said driver's license or driver's practice license, of these facts under the conditions as determined by the Ordinance of the Ministry of Government and Home Affairs: Provided, That the Commissioner of the Local Police Agency, when it is impossible to make such notification as his whereabouts

Article 78

is unknown, he may substitute such notification by making a public notice for 10 days at the police station having jurisdiction over the place of residence entered in his driver's license. <Newly Inserted by Act No. 5712, Jan. 29, 1999>

Article 79 (Return of License)

(1) When any person who has obtained a driver's license falls under any of the following subparagraphs, he shall return his driver's license to the Commissioner of the Local Police Agency having jurisdiction over his domicile within 7 days from the day such causes occurred: <Amended by Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995; Act No. 6392, Jan. 26, 2001>

1. When his driver's license has been revoked;

2. When he has found his lost driver's license, after receiving a new one due to such a loss;

3. When a person holding driver's practice license has obtained the first-class or second-class ordinary license; and

4. When a validity of driver's license has been suspended.

(2) When the Commissioner of the Local Police Agency has received a return of the driver's licenses under the provisions of paragraph (1) 4, he shall keep them in custody, and return them as soon as their suspension period is expired. <Amended by Act

Article 79

No. 4369, May 31, 1991; Act No. 6392, Jan. 26, 2001>

CHAPTER VIII INTERNATIONAL DRIVER'S LICENSE

Article 80 (Driving Motor Vehicles, etc. with International Driver's License)

(1) Any person who has obtained an international driver's license in a foreign country may drive a motor vehicle, etc. in Korea with such an international driver's license only for one year from the day of his entry, notwithstanding the provisions of Article 68 (1). In this case, the kind of vehicles permitted to be driven shall be limited to those as entered in the said international driver's license. <Amended by Act No. 6392, Jan. 26, 2001>

(2) Any person who has obtained an international driver's license in a foreign country shall not drive any motor vehicles for business pursuant to the Passenger Transport Service Act or the Trucking Transport Business Act: Provided, That the same shall not apply to the case where he drives a vehicle for rent-a-car business pursuant to the Passenger Transport Service Act. <Amended by Act No. 5999, Aug. 31, 1999; Act No. 6392, Jan. 26, 2001>

Article 81 (Prohibition of Driving Motor Vehicles, etc.)

(1) When any person,

Article 80 ~ 81

who drives a motor vehicle, etc. in Korea with an international driver's license under the provisions of Article 80, falls under any of the following subparagraphs, the Commissioner of the Local Police Agency having jurisdiction over his domicile may prohibit him from driving a motor vehicle, etc. with the said international driver's license within the limit not exceeding one year, pursuant to the criteria as determined by the Ordinance of the Ministry of Government Administration and Home Affairs: <Amended by Act No. 4369, May 31, 1991; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999>

1. When he has failed to undergo an aptitude test under the provisions of Article 74-2 (1), or failed to pass the said aptitude test;

2. When he has caused a traffic accident by intent or negligence while driving;

3. When the period as stipulated in each subparagraph of Article 70 (2) has yet elapsed for any person who holds the nationality of the Republic of Korea, after his driver's license was revoked or its validity was suspended under the provisions of Article 78 (1); and

4. When he has violated this Act or any orders given and dispositions taken by this Act, as to the driving of motor vehicles, etc.

(2) Any person who has been prohibited from driving motor vehicles, etc. under

Article 81

the provisions of paragraph (1) shall promptly submit the said international driver's license to the Commissioner of the Local Police Agency who has prohibited it. <Amended by Act No. 4369, May 31, 1991>

(3) In case where the period of prohibition under the provisions of paragraph (1) has expired, or where any person subjected to the disposition of prohibition leaves Korea during such period of prohibition, the Commissioner of the Local Police Agency shall promptly return the international driver's license under his custody, when there exists a request for return by the said person. <Amended by Act No. 4369, May 31, 1991>

Article 82 (Delivery, etc. of International Driver's License)

(1) When any person who has obtained a driver's license under the provisions of Article 68 intends to obtain an issuance of an international driver's license under an international convention in order to drive in a foreign country, he shall file an application therefor with the Commissioner of the Local Police Agency. <Amended by Act No. 4369, May 31, 1991>

(2) Effective period of an international driver's license under the provisions of paragraph (1) shall be one year from the day of its issuance.

(3) When a person who has obtained an international driver's license under the provisions of paragraph (1) has his domestic driver's license invalidated or revoked, such an international driver's license

Article 82

shall also be invalidated.

(4) When a person who has obtained an international driver's license under the provisions of paragraph (1) has his domestic driver's license suspended, the former shall also be suspended during the period of the latter's suspension.

(5) Matters necessary for an issuance of international driver's licenses under the provisions of paragraph (1) shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5712, Jan. 29, 1999>

CHAPTER IX ROAD TRAFFIC SAFETY AUTHORITY

Article 83 (Establishment of Road Traffic Safety Authority)

(1) In order to contribute to the prevention of traffic dangers and obstacles occurring on roads, by establishing the traffic order and by elevating the traffic safety through the enlightenment and education on a traffic safety on roads, and technical developments, etc. for a traffic safety, the Road Traffic Safety Authority (hereinafter referred to as the "Authority") shall be established. <Amended by Act No. 5712, Jan. 29, 1999; Act No. 5999, Aug. 31, 1999>

(2) The Authority shall be a juristic person. <Amended by Act No. 5712, Jan. 29, 1999>

Article 83

(3) Matters necessary for the establishment and registration of the Authority shall be prescribed by the Presidential Decree. <Amended by Act No. 5712, Jan. 29, 1999>

Article 84 (Establishment of Branches, etc.)

The Authority may establish its branches or substations, a research institute, a traffic accident analysis center and educational institutions under the conditions as determined by its articles of association. <Amended by Act No. 4243, Aug. 1, 1990; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

Article 85 (Articles of Association)

(1) The articles of association of the Authority shall include the matters falling under any of the following subparagraphs: <Amended by Act No. 5712, Jan. 29, 1999; Act No. 6565, Dec. 31, 2001>

1. Objectives;

2. Title;

3. Location of its principal office;

4. Matters concerning its projects;

5. Matters concerning its board of directors;

6. Matters concerning

Article 84 ~ 85

its officers and employees;

7. Matters concerning its property and accounting;

8. Matters concerning its operating fund;

9. Matters concerning its public notification; and

10. Matters concerning the alteration of its articles of association.

(2) When the Authority intends to alter its articles of association, it shall obtain an authorization from the Commissioner of the National Police Agency. <Amended by Act No. 4369, May 31, 1991; Act No. 5712, Jan. 29, 1999>

Article 86 (Projects)

The Authority shall perform the projects set forth in the following subparagraphs: <Amended by Act No. 4243, Aug. 1, 1990; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999; Act No. 5999, Aug. 31, 1999; Act No. 6565, Dec. 31, 2001>

1. Survey and research on the countermeasures for a road traffic safety;

2. Research, development, dissemination and technical service of a road traffic safety technology;

3. Publicity and broadcast for a road traffic safety;

Article 86

4. Education and training for a road traffic safety;

5. Test, inspection, operation, and management of the road traffic safety facilities and traffic control equipment as well as technical assistances thereto;

6. Collection, publication and distribution of data for a road traffic safety;

7. Recommendations as to the issues on enforcing the Acts and subordinate statutes relating to the road traffic;

8. Introduction of a foreign technology pertaining to a road traffic safety, and international cooperations with organizations related to a road traffic safety;

9. Technical assistances pertaining to administrative affairs of a road traffic safety, and assistances to the education and training for the public officials related to the road traffic administration;

10. Investigation and analysis on road traffic accidents, and duties pertaining assistances thereto;

11. Duties related to a road traffic safety entrusted by the State or local governments;

12. Projects incidental to the activities as referred to in subparagraphs 1 through 11; and

Article 86

13. Other projects necessary for achieving the objectives of the Authority.

Article 86-2 (Bearing Costs, etc.)

When the Authority has received any requests for affairs relating to the projects under the provisions of Article 86 from any corporation, organization or individual, it may accept the costs required for performing the affairs from the person who has made such requests.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 87 (Officers)

(1) The Authority shall have not more than five directors including one President, and one auditor. <Amended by Act No. 5712, Jan. 29, 1999>

(2) The President and the auditor shall be appointed and dismissed by the Commissioner of the National Police Agency, and the directors shall be appointed and dismissed by the President, subject to the approval of the Commissioner of the National Police Agency. <Amended by Act No. 4369, May 31, 1991>

(3) The terms of office of the President, directors and auditor shall be two years. <Amended by Act No. 5405, Aug. 30, 1997>

Article 86-2 ~ 87

Article 88 (Duties of Officers)

(1) The President shall represent the Authority, and exercise the overall control over affairs of the Authority. <Amended by Act No. 5712, Jan. 29, 1999>

(2) The auditor shall audit the accounts and affairs of the Authority. <Amended by Act No. 5712, Jan. 29, 1999>

Article 89 (Disqualification for Officers)

(1) No person who falls under any of the following subparagraphs shall become an officer of the Authority:

1. A minor, an incompetent or quasi-incompetent person;

2. A bankrupt who has not been reinstated yet;

3. A person for whom 2 years have not elapsed since his sentence of imprisonment without prison labor or a heavier punishment as declared by a court was completely executed (including a case where it is deemed to have completely been executed), or was exempted from being executed;

4. A person who has been under the suspension of imprisonment without prison labor or a heavier punishment as declared by the court, and is under the period of grace;

5. A person who is under the period of suspension of sentence of imprisonment without prison labor or a heavier punishment as

Article 88 ~ 89

declared by the court;

6. A person who has been disqualified or whose qualification has been suspended by the law or an adjudication of the court; and

7. A person for whom 2 years have not elapsed since he was subjected to a disposition of disciplinary dismissal pursuant to the related Acts, such as the State Public Officials Act or the Police Officers Act, etc.

(2) When an officer has come to fall under any subparagraph of paragraph (1), or has been found to be one who has fallen thereunder at the time of his appointment, he shall deservedly retire from office.

(3) Any acts involved by an officer before his retirement, who has been retired from office under the provisions of paragraph (2), shall not lose their validity.

[This Article Wholly Amended by Act No. 6565, Dec. 31, 2001]

Article 90 (Board of Directors)

(1) In order to resolve on the important matters of the Authority, the board of directors shall be established in the Authority. <Amended by Act No. 5712, Jan. 29, 1999>

(2) The board of directors shall be composed of directors including the President.

Article 90

(3) The President shall convene the board of directors, and preside over it.

(4) The board of directors shall pass a resolution with attendance of a majority of registered directors, and with concurrent votes of a majority of directors present.

(5) The auditor may state his opinions by attending the board of directors.

Article 91 (Employees)

Employees of the Authority shall be appointed and dismissed by the President under the conditions as determined by its articles of association. <Amended by Act No. 5712, Jan. 29, 1999>

Article 92 (Operating Fund, etc.)

(1) Funds required for the operation of the Authority and the projects of road traffic safety shall be covered by the financial resources set forth in each of the following subparagraphs:

1. Contributions or donations by the Government, local governments, or other individuals;

2. Revenues earned by performing such projects as referred to in the provisions of Article 86;

3. Profits accruing

Article 91 ~ 92

from the management and operation of the property;

4. Subsidy, loans, or borrowings (including funds borrowed and materials introduced from foreign countries); and

5. Other revenues.

(2) In case where the Authority deems it necessary for performing the projects under the provisions of Article 86, it may borrow funds (including funds borrowed and materials introduced from international organizations, foreign governments, or foreigners) by obtaining an approval of the Commissioner of the National Police Agency.

(3) When there exists any surplus as a result of account settlement at the end of each business year, any carried-over losses shall be absorbed,

and the remainder thereof shall be transferred to the revenues of the following year.

(4) Matters necessary for the usage and procedures, etc. for the subsidy, loans or borrowings under the provisions of paragraph (1) 4 shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 6565, Dec. 31, 2001]

Article 92-2 (Investment, etc.)

(1) When it is

Article 92-2

necessary for efficiently performing the projects, the Authority may either invest in, or contribute to, the business related to the projects under the provisions of Article 86.

(2) Matters necessary for the investment or contribution under the provisions of paragraph (1) and for its operations shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 6565, Dec. 31, 2001]

Article 93 (Gratuitous Lease of Public Properties)

When it is required for the facilities and operation of the Authority, the local governments may gratuitously lease their public property to the Authority. <Amended by Act No. 5712, Jan. 29, 1999>

Article 94 (Business Year)

The business year of the Authority shall conform to the fiscal year of the Government. <Amended by Act No. 5712, Jan. 29, 1999>

Article 95 (Approval of Business Plans)

The Authority shall prepare a business plan in advance every business year, and obtain an approval from the Commissioner of the National Police Agency. The same shall also apply when it intends to alter such plan. <Amended by Act No. 4369, May 31, 1991;

Article 93 ~ 95

Act No. 5712, Jan. 29, 1999>

Article 96 (Presentation of Closing Statements)

The Authority shall prepare every business year the closing statements of revenue and expenditure, and have them audited by a certified public accountant as designated by the Commissioner of the National Police Agency, and submit them to the said Commissioner by the end of February of the following business year. <Amended by Act No. 4369, May 31, 1991; Act No. 5712, Jan. 29, 1999>

Article 97 Deleted. <by Act No. 6565, Dec. 31, 2001>

Article 98 (Mutatis Mutandis Application of Civil Act)

Except as otherwise provided in this Act concerning the Authority, the provisions concerning the incorporated foundation in the Civil Act shall apply mutatis mutandis to the Authority. <Amended by Act No. 5712, Jan. 29, 1999>

CHAPTER X SUPPLEMENTARY PROVISIONS

Article 99 (Keeping in Custody of Driver's License)

(1) When a driver of a motor vehicle, etc. has caused any traffic accident, or is deemed to be subject to a cancellation or suspension of a driver's license under the provisions of Article 78, a police officer shall issue on the spot a notice for payment of the penalty or the summons under the provisions of Article 119, and may demand him to present his driver's license, etc.

Article 96 ~ 99

and keep it in custody. In this case, the police officer shall record on such notice for payment of the penalty or the summons the fact that the driver's license, etc. is kept in his custody. <Amended by Act No. 4872, Jan. 5, 1995>

(2) The summons or a notice for payment of the penalty pursuant to paragraph (1) shall have the same effect as the driver's license (excluding the driver's practice license) not later than the date for such attendance or the date for payment of the penalty. <Amended by Act No. 4872, Jan. 5, 1995>

Article 100 (Fees)

Any person who intends to file an application for the driver's license test (including the skill examination by a specialized driving school), an issuance or re-issuance, etc. of driver's licenses, and the designation, certification, permission, aptitude tests, any one who intends to obtain various certifications related to the traffic and driver's license pursuant to this Act, and any one who intends to take an examination for qualification of skill examiner or instructor, shall pay the fees under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5296, Mar. 7, 1997; Act No. 5712, Jan. 29, 1999>

[This Article Wholly Amended by Act No. 4872, Jan. 5, 1995]

Article 100-2 (Fees, etc. for Attending Lectures by Traffic Safety

Article 100 ~ 100-2

Education Institution)

Any person who gives a traffic safety education under the provisions of Article 49 (1) and a special traffic safety education under the provisions of paragraph (2) of the same Article, may receive the specified fees for attending lectures from his students.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 101 (Guidance and Supervision, etc.)

(1) The Commissioner of the National Police Agency shall exercise a supervision over the affairs of the Authority, and may issue such orders as are necessary for achieving the objectives of establishment of the Authority.

(2) The Commissioner of the Local Police Agency shall exercise a pertinent guidance for, and supervision over, a sound fosterage and development of the driving schools, specialized driving schools, or traffic safety education institutions.

(3) The Commissioner of the Local Police Agency may, when deemed necessary, require a person falling under any of the following subparagraphs to file a report on the matters as to the facilities, equipment, and those as to the education, or various statistical data, or have the relevant public officials enter the relevant facilities to inspect the said facilities, equipment, books, and other documents. In such case, the Commissioner

Article 101

of the Local Police Agency may issue an ode with egad to the improvement of facilities and equipment, and to other matters deemed to be required:

1. A person who founds and manages a driving school or a specialized driving school;

2. A superintendent of a specialized driving school under the provisions of Article 71-2 (1) 1; and

3. A head of a traffic safety education institution.

(4) Public officials who enter a driving school and specialized driving school or traffic safety education institution to make an inspection under the provisions of paragraph (3) shall carry certificates indicating their authority, and show them to the interested persons.

[This Article Newly Inserted by Act No. 6565, Dec. 31, 2001]

Article 101-2 (Hearing)

In case where the Commissioner of the Local Police Agency intends to revoke the registration or designation of a driving school or a specialized driving school under the provisions of Article 71-15, he shall hold a public hearing.

[This Article Wholly Amended by Act No. 6392, Jan. 26, 2001]

Article 101-3 (Relations with Administrative Litigations)

Article 101-2 ~ 101-3

Any administrative litigation against the relevant disposition, which is a disposition pursuant to this Act, shall not be filed unless it goes through an abjudication of an administrative appeal.

[This Article Newly Inserted by Act No. 5712, Jan. 29, 1999]

Article 102 Deleted. <by Act No. 5405, Aug. 30, 1997>

Article 102-2 (Control by Public Officials of Si/Gun against Violations of Passing Exclusive Lane and of Parking and Stopping)

(1) When there exists any driver who has violated the provisions of Articles 13-2 (3) and 28 through 30, public officials of Si/Gun may issue on the spot a notice clarifying the gist of the offense, the date and place, etc. for attending before the chief of a police station, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs, and demand him to submit his driver's license, and keep it in his custody. In this case, the said notice shall have the same effect as the driver's license up to the date of attendance. <Amended by Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999>

(2) When public officials of Si/Gun have issued a notice under the provisions of paragraph (1), they shall promptly notify the chief of a competent police station thereof by attaching the driver's license. <Amended by Act No. 5405, Aug. 30, 1997>▷

Article 102 ~ 102-2

(3) The chief of a police station who has received a notification under paragraph (2) shall confirm the act of violation. <Newly Inserted by Act No. 5405, Aug. 30, 1997>

(4) Public officials of Si/Gun shall not abuse their official authority, deviating from original objectives, in issuing a notice or taking measures under the provisions of paragraph (1). <Newly Inserted by Act No. 5405, Aug. 30, 1997>

[This Article Newly Inserted by Act No. 4243, Aug. 1, 1990]

Article 103 (Enactment of Traffic Safety Rules)

(1) The Commissioner of the National Police Agency shall enact and disseminate the traffic safety rules.

(2) The traffic safety rules under paragraph (1) shall contain the following matters:

1. Provisions of Acts and subordinate statutes relating to the safety of road traffic;

2. Matters necessary for securing a traffic safety and a smooth passing by preventing and removing the traffic dangers and obstacles occurring on roads; and

3. Knowledges required for the handling method and safe driving of motor

Article 103

vehicles, etc., in addition to the matters as referred to in subparagraphs 1 and 2.

[This Article Wholly Amended by Act No. 4872, Jan. 5, 1995]

Article 103-2 (Providing Traffic Information)

The Commissioner of the Local Police Agency shall collect and analyze the information required for ensuring the traffic safety and a smooth passing, and swiftly provide the result thereof to the general public.

[This Article Newly Inserted by Act No. 5405, Aug. 30, 1997]

Article 104 (Delegation and Entrustment of Authority)

(1) The mayor, etc. may delegate or entrust a part of authority under this Act to the Commissioner of the Local Police Agency or the chief of a police station, under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 4518, Dec. 8, 1992; Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997>

(2) The Special Metropolitan City Mayor or Metropolitan City Mayor may delegate a part of authority under this Act to the head of Gu/Gun within his competent area, under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 5405, Aug. 30, 1997>

(3) The Commissioner

Article 103-2 ~ 104

of the Local Police Agency may delegate a part of authority under this Act to the chief of a competent police station, or entrust it to a specialized educational institution or a specialized research institute relating to traffic, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 4369, May 31, 1991; Act No. 4518, Dec. 8, 1992; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999; Act No. 6565, Dec. 31, 2001>

(4) The Commissioner of the Local Police Agency or the chief of a police station may entrust a part of the affairs delegated or entrusted by the mayor, etc. under the provisions of paragraph (1) to a specialized educational institution or a specialized research institute relating to traffic, under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 4872, Jan. 5, 1995; Amended by Act No. 5405, Aug. 30, 1997; Act No. 6565, Dec. 31, 2001>

(5) The Commissioner of the Local Police Agency may entrust a part of his authority relating to driver's license under this Act to the head of a driver's license test agency, under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 5999, Aug. 31, 1999>

Article 105 Deleted. <by Act No. 5405, Aug. 30, 1997>

CHAPTER XI PENAL PROVISIONS

Article 106 (Penal Provisions)

Any person who has failed to take the measures at the time of occurrence of

Article 105 ~ 106

a traic accident under the provisions o Article 50 (1), shall be punished by imprisonment for not more than 5 years or a fine not exceeding 15 million won. <Amended by Act No. 4243, Aug. 1, 1990; Act No. 5712, Jan. 29, 1999>

Article 107 (Penal Provisions)

(1) Any person who has operated at random the signal apparatus, or who has removed, transferred, or damaged or destroyed a signal apparatus or safety signs, in contravention of the provisions of Article 63 (1), shall be punished by imprisonment for not more than 3 years or a fine not exceeding 7 million won. <Amended by Act No. 4243, Aug. 1, 1990; Act No. 5712, Jan. 29, 1999>

(2) Any person who has caused a traffic danger on a road by an act under paragraph (1), shall be punished by imprisonment for not more than 5 years or a fine not exceeding 15 million won. <Amended by Act No. 4243, Aug. 1, 1990; Act No. 5712, Jan. 29, 1999>

Article 107-2 (Penal Provisions)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 2 years or a fine not exceeding 5 million won: <Amended by Act No. 4518, Dec. 8, 1992; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001>

1. A person who

Article 107 ~ 107-2

has driven a mtr vehicle, etc. in a drunken cnditin in contravention of the provisions of Article 41 (1);

2. A person who has a due reason recognizable to be in a drunken condition, and who has failed to comply with a measurement by a police officer under the provisions of Article 41 (2);

3. A person who has issued a completion certificate or a diploma under the provisions of Article 71-6 (5), without having received a designation of a specialized driving school under the provisions of Article 71-2 (1);

4. A person who has made a registration of a driving school under the provisions of Article 70-2, or has received a designation of a specialized driving school under the provisions of Article 71-2 (1) by a falsity or other illegal means;

5. A person who gives the education for driving motor vehicles by receiving fees in contravention of Article 71-16;

6. An instructor of traffic safety education who has filed a false report on the details of taking lectures under the provisions of Article 72-5 (1); and

7. A head of a traffic safety education institution who has issued a certificate for completion of education to the person who has not received a traffic safety education or who falls

Article 107-2

hort of the tandard, in contravention of Article 72-5 (2).

[This Article Newly Inserted by Act No. 4243, Aug. 1, 1990]

Article 108 (Penal Provisions)

When a motor vehicle driver has damaged or destroyed other person's building or any other property by neglecting attentions required for his duty or by a grave fault, he shall be punished by imprisonment without prison labor for not more than 2 years or a fine not exceeding 5 million won. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

Article 109 (Penal Provisions)

Any person who falls under one of the following subparagraphs shall be punished by imprisonment for not more than 1 year or a fine not exceeding 3 million won: <Amended by Act No. 4243, Aug. 1, 1990; Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001>

1. A person who has driven a motor vehicle without obtaining (including the case where a validity of driver's license has been suspended) a driver's license under the provisions of Article 68 (excluding a license for motor bike; hereafter the same shall apply in this Article) in contravention of the provisions of Article 40 (1), or an international driver's

Article 108 ~ 109

license under the provisions of Article 80 (including the cases where any driving has been prohibited, and where the effective period has been expired);

2. A person who has driven motor vehicles, etc. in contravention of the provisions of Article 40 (2);

3. Employers, etc. who have made the persons failing to obtain driver's licenses (including those for whom a validity of driver's license has been suspended) to drive a motor vehicle in contravention of the provisions of Article 52 (2);

4. A person who has either obtained a driver's license or received an issuance of a driver's license or any certificate substituting a driver's license, by a falsity or illegal means;

5. A person who has left at random on a road any goods likely to hamper traffic in contravention of the provisions of Article 63 (2);

6. A person who has violated the provisions of Article 71-13; and

7. The head of a traffic safety education institution who has made other person than a traffic safety education instructor to give a traffic safety education in contravention of the provisions of Article 72-4 (4).

Article 109

Article 110 (Penal Provisions)

Any person who falls under one of the following subparagraphs shall be punished by imprisonment for not more than 6 months, or a fine not exceeding 2 million won, or a penal detention: <Amended by Act No. 4243, Aug. 1, 1990; Act No. 4518, Dec. 8, 1992; Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999>

1. A person who has violated the provisions of Article 37, 42-2 or 51;

2. A person who has disobeyed, refused or obstructed the demand, measure or order of a police officer under the provisions of Article 38, 43 or 54;

3. and 4. Deleted; <by Act No. 5712, Jan. 29, 1999>

5. A person who has installed at random any signal apparatus or safety signals and other structures similar thereto in contravention of the provisions of Article 63 (1); and

6. A person who has driven in contravention of the conditions as provided in Article 68 (3) or (4).

Article 111 (Penal Provisions)

Any person who falls under one of the following subparagraphs shall be punished by a fine not exceeding 300 thousand won or a penal detention:

Article 110 ~ 111

1. A person who has violated the provisions of Article 39 or 42;

2. A person who has driven a motor bike without obtaining a license for a motor bike under the provisions of Article 68 in contravention of the provisions of Article 40;

3. A person who has failed to file a report under the provisions of Article 50 (2);

4. An employer who has made a person failing to obtain a license for a motor bike to drive it in contravention of the provisions of Article 52 (2);

5. A person who has violated the provisions of Article 58;

6. A person who has failed to file a report under the provisions of Article 64 (1), to install the signal apparatus or safety signals under the provisions of paragraph (2), or to restore the signal apparatus or safety signals to the original state in contravention of the provisions of paragraph (3); and

7. A person who has violated an order of the chief of a police station under the provisions of Article 66 (1).

Article 112 (Penal Provisions)

Any person who has

Article 112

violated the provisions of Article 77 (2) shall be punished by a fine not exceeding 200 thousand won, or a penal detention. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999>

Article 113 (Penal Provisions)

Any person who falls under one of the following subparagraphs shall be punished by a fine not exceeding 200 thousand won, a penal detention or a minor fine: <Amended by Act No. 4243, Aug. 1, 1990; Act No. 4369, May 31, 1991; Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997; Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001; Act No. 6789, Dec. 18, 2002>

1. A driver of a vehicle or horse who has violated the provisions of Article 5, 12 (1) through (3) and (5), 13 (2) through (4), 13-2 (3) (including the case applied mutatis mutandis in Article 56-2 (2)), 14, 15 (3), 16 through 19-2, 21, 22 through 24-2, 28, 29, 32, 33 (1), 35 (1) through (4), 44, 48, 48-2 (3) and (4), 48-3, 48-5, 49 (2), 57, or 77 (1);

2. A driver of motor vehicle who has violated a prohibition, restriction or measure under the provisions of Article 6 (1) through (3) or 7;

3. A person who has either violated the provisions of Article 27, 27-2, 30 or 48-4 (2) and (4), or violated an order under the provisions of Article 31 (1);

Article 113

4. A person who has violated a restriction imposed by the Commissioner of the Local Police Agency under the provisions of Article 35 (5);

5. A person who has violated the provisions of Articles 20 through 20-3, 25 (4) and (5), 48-6, 56 (1) and (2), 59 through 61;

5-2. A person who has failed to wear the seat belt in violation of the provisions of Article 48-2 (1);

6. A driver who has violated the matters to be observed on the expressway or the exclusive road for motor vehicles under the provisions of Article 62 (2); and

7. A person who has violated the provisions of Article 74 (1), 74-2 (1) or 79 (1).

Article 114 (Penal Provisions)

Any person who falls under one of the following subparagraphs shall be punished by a fine not exceeding 200 thousand won, a penal detention, or a minor fine: <Amended by Act No. 4872, Jan. 5, 1995; Act No. 6565, Dec. 31, 2001>

1. A pedestrian who has violated the provisions of Article 5, 8 (1) and (2) or 10 (2) through (5);

2. A pedestrian who has violated a prohibition, restriction or measure under the provisions of Article 6 (1) through (3) or 7;

Article 114

3. A leader of a procession or a pedestrian who has violated the provisions of Article 9 (1);

4. A guardian who has neglected the protection of an infant, in contravention of the provisions of Article 11 (1);

5. Deleted; and <by Act No. 5712, Jan. 29, 1999>

6. A person who has violated the provisions of Article 63 (3).

Article 115 (Concurrent Imposition of Punishments)

The punishments of a fine, a minor fine and a penal detention may be concurrently imposed on the person who has committed any offense under this Chapter, by taking account of the circumstances.

Article 115-2 (Fine for Negligence)

(1) Any person who falls under one of the following subparagraphs shall be punished by a fine for negligence not exceeding 5 million won: <Newly Inserted by Act No. 4872, Jan. 5, 1995; Act No. 5712, Jan. 29, 1999; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001>

1. A person who has failed to file a report under the provisions of Article 70-6 or 72-6;

2. A person who

Article 115 ~ 115-2

has failed t pst the persnnel affairs f instructrs and the educational subjects under the provisions of Article 70-8 (3);

3. A person who has failed to post the fees, etc. in contravention of the provisions of Article 70-9 (2), or who has received the amount in excess of the posted fees, etc. in contravention of the provisions of paragraph (3) of the same Article;

4. A person who has failed to take measures for the protection of students, such as the return of fees under the provisions of Article 70-10;

5. and 6. Deleted; and <by Act No. 6565, Dec. 31, 2001>

7. A person who has refused, obstructed or avoided the removal of the signboard and other signals, or the installation of the facilities under the provisions of Article 71-17 (1), or who has removed at random the bulletins or spoiled them.

(2) Any person who falls under one of the following subparagraphs shall be punished by a fine for negligence not exceeding 200 thousand won: <Amended by Act No. 6789, Dec. 18, 2002>

1. A person who has failed to make the passengers aboard wear the seat belt in violation of the provisions of Article 48-2 (1) or

Article 115-2

62 (1); and

2. A person who has failed to renew his driver's license within the renewal period of the driver's license in violation of the provisions of Article 74 (4).

(3) When it is impossible to issue the notice under the provisions of Article 102-2 (1) (limited to the violation of the provisions of Article 13-2 (3) or 28 through 30) in case where the fact of violations by a motor vehicle of the provisions of Article 5, 12 (3), 13-2 (3) (including the case applied mutatis mutandis in Article 56-2 (2)), 15 (3), 28 through 30 or 56 (1), is proved by means of photo, video tape or other image recording media, due to an inability of verifying the driver who has committed the said offenses, or when it is impossible to make a disposition of notification under the provisions of Article 118 (limited to the violation of the provisions of Article 13-2 (3) applied mutatis mutandis under the provisions of Article 5, 12 (3), 15 (3), or 56 (1) or 56-2 (2)), the employer, etc. under the provisions of Article 52 (1) shall be punished by a fine for negligence not exceeding 200 thousand won: Provided, That this shall not apply in case where it falls under one of the following subparagraphs: <Amended by Act No. 5405, Aug. 30, 1997; Act No. 6392, Jan. 26, 2001; Act No. 6565, Dec. 31, 2001>

1. Where the said vehicle has been stolen, or there exist any other inevitable reasons;

2. Where the driver has been punished under the provisions of Article

Article 115-2

113 for the relevant offense (including the case where he has been subjected to a disposition of notification on the penalty under the provisions of Article 118);

3. Where the driver who has committed the offenses is clarified as a result of stating opinions under the provisions of paragraph (5); and

4. Where the said vehicle has been leased by a rent-a-car businessman pursuant to the Automobile Transport Business Act, and it is evident that only the vehicle has been leased.

(4) The authority to impose and collect the fine for negligence under the provisions of paragraphs (1) through (3) shall be as follows: <Amended by Act No. 5405, Aug. 30, 1997; Act No. 6392, Jan. 26, 2001>

1. Fine for negligence under paragraphs (1), (2) and (3) (limited to the violation of the provisions of Article 13-2 (3) applied mutatis mutandis under Article 5, 12 (3), 15 (3) or 56 (1) or 56-2 (2)): The Commissioner of the Local Police Agency; and

2. Fine for negligence under paragraph (3) (limited to the violation of the provisions of Articles 13-2 (3) and 28 through 30): The mayor, etc.

(5) When the fine for negligence is imposed under the provisions of paragraph

Article 115-2

(3), the person subject to a disposition of fine for negligence shall be provided with an opportunity to state his opinions with fixing a period of not less than 10 days. In this case, the said person shall be deemed to have no opinion in the absence of statement of opinion within such period. <Newly Inserted by Act No. 5405, Aug. 30, 1997>

(6) When the driver who has committed the offenses has been clarified as a result of stating opinions under the provisions of paragraph (5), the Commissioner of the Local Police Agency or the mayor, etc. shall notify the chief of a competent police station thereof by attaching the data for attesting it. <Newly Inserted by Act No. 5405, Aug. 30, 1997>

(7) Any person who is dissatisfied with a disposition of fine for negligence under the provisions of paragraphs (1) through (3) may raise an objection against the Commissioner of the Local Police Agency or the mayor, etc. within 30 days from the day he has received a notice of the said disposition. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997>

(8) When a person subjected to a disposition of fine for negligence under the provisions of paragraphs (1) through (3) has raised an objection under the provisions of paragraph (7), the Commissioner of the Local Police Agency or the mayor, etc. shall without delay notify the competent court thereof, which in turn shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. <Amended

Article 115-2

by Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997>

(9) If neither an objection is raised nor is a fine for negligence paid within the period as prescribed in paragraph (7), it shall be collected by referring to the practices of dispositions on default of national taxes or local taxes. <Amended by Act No. 4872, Jan. 5, 1995; Act No. 5405, Aug. 30, 1997>

[This Article Newly Inserted by Act No. 4243, Aug. 1, 1990]

Article 116 (Joint Penal Provisions)

If the representative of a corporation, or an agent, an employee or any other employed person of a corporation or an individual has committed a violation of this Act in relation to the business of such corporation or individual, not only shall such an actor be punished accordingly, but the corporation or individual shall be punished by a fine or a minor fine as prescribed in each of the respective Articles.

CHAPTER XII SPECIAL CASES RELATING TO ACT OF OFFENSE

Article 117 (Common Provisions)

(1) For the purpose of this Chapter, the term "act of offense" means the violating

Article 116 ~ 117

acts falling under the crimes under each subparagraph of Article 113 or 114, and the definite scope thereof shall be prescribed by the Presidential Decree.

(2) For the purpose of this Chapter, the term "offender" means a person who has committed an act of offense, but who does not fall under any of the following subparagraphs:

1. A driver of a motor vehicle, etc. who has been unable to present his driver's license at the time of an act of offense;

2. A person who has caused a traffic accident by an act of offense: Provided, That such persons shall be excluded as have come not to be punished, pursuant to Articles 3 (2) and 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, for the crime of an accidental infliction of injury by professional negligence, an accidental infliction of injury by gross negligence, or the crime under Article 108 of this Act; and

3. A person possessing an international driver's license under the provisions of Article 80.

(3) For the purpose of this Chapter, the term "penalty" means the money to be paid by an offender to the National Treasury pursuant to a disposition of notification under the provisions of Article 118, and the amount of such penalty shall be prescribed by the Presidential Decree pursuant to the type of acts of offense, area of offense, and type of vehicle.

Article 117

Article 118 (Disposition of Notification)

The chief of a police station may, against the person who is deemed to be an offender, notify that he is to pay the penalty by issuing a written notice of a payment of the penalty, clarifying the reasons therefor: Provided, That the same shall not apply to a person who falls under any of the following subparagraphs:

1. A person whose name or domicile is uncertain;

2. A person feared to run away; and

3. A person who has refused to receive a written notice of a payment of the penalty.

Article 119 (Payment of Penalty)

(1) Any person who has received a written notice of penalty payment under the provisions of Article 118, shall pay it within 10 days to the national revenue bank as designated by the Commissioner of the National Police Agency, or its branch or agent, or a post office: Provided, That when it is impossible to pay the penalty within a specified period owing to natural disasters or other inevitable reasons, he shall pay it within 5 days from the day on which the said reasons disappeared. <Amended by Act No. 4369, May 31, 1991>

(2) Any person who has failed to pay the penalty within the payment period under the provisions of paragraph (1), shall pay the amount

Article 118 ~ 119

obtained by adding 20/100 of the notified penalty to the said penalty, within 20 days from the day next to that on which the payment period is expired. <Newly Inserted by Act No. 4421, Dec. 14, 1991>

(3) Any person who has paid the penalty pursuant to the provisions of paragraph (1) or (2) shall not be punished again for the said act of offense. <Amended by Act No. 4421, Dec. 14, 1991>

Article 120 (Measures against Persons Disobeying Disposition of Notification)

(1) Against the person falling under any of the following subparagraphs, the chief of a police station shall promptly request a summary trial: Provided, That the same shall not apply to the person falling under subparagraph 2, who has paid the amount obtained by adding 50/100 of the notified penalty to the said penalty not later than prior to the request for a summary trial: <Amended by Act No. 4421, Dec. 14, 1991; Act No. 6565, Dec. 31, 2001>

1. A person who falls under any of subparagraphs of Article 118; and

2. A person who has not paid the penalty within the payment period under the provisions of Article 119 (2).

(2) When the accused subjected to a request for a summary trial under the provisions of paragraph (1) 2 has paid the amount obtained by adding

Article 120

50/100 of the notified penalty to the said penalty, and has submitted the evidential documents prior to a request for a summary trial, the chief of a police station shall revoke the request for a summary trial. <Newly Inserted by Act No. 6565, Dec. 31, 2001>

(3) Any person who has paid the penalty under the proviso of other portion than each subparagraph of paragraph (1) or under the provisions of paragraph (2) shall not be punished again for the said act of offense. <Newly Inserted by Act No. 6565, Dec. 31, 2001>

Article 121 (Prohibition of Abuse of Official Authority)

In making a disposition of notification pursuant to the provisions of this Chapter, the police officer exercising a traffic control shall not abuse at will his official authority, by deviating from the original purpose.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That from among the provisions of Article 113, the matters for non-punishment against any failure to file a report on modification of matters entered in the driver's license, which have been punished pursuant to the provisions of Articles 62 and 79 of the previous Road Traffic Act, shall enter into force on the date of its promulgation.

Addenda

Article 2 (Transitional Measures concerning Previous License, etc.)

Any person who has obtained a license or permission, or has filed a report, pursuant to the previous provisions before the enforcement of this Act, shall be deemed to have obtained such license or permission, or has filed such report pursuant to this Act.

Article 3 (Transitional Measures concerning Previous Dispositions, etc.)

Orders, measures or dispositions pursuant to the previous provisions before the enforcement of this Act, which are not contrary to this Act, shall be deemed to have been taken pursuant to this Act.

Article 4 (Amendments of Other Acts, etc.)

(1) through (3) Omitted.

(4) In case where the provisions of the previous Road Traffic Act are quoted in other Acts and subordinate statues, if there are Articles corresponding to them in this Act, such corresponding Articles of this Act shall be considered to be quoted in lieu of them.

ADDENDA <Act No. 3912, Dec. 31, 1986>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1987.

Articles 2 through 7 Omitted.

ADDENDUM <Act No. 4243, Aug. 1, 1990>

This Act shall enter into force three months after the date of its promulgation.

ADDENDA <Act No. 4369, May 31, 1991>

Article 1 (Enforcement Date)

This Act shall enter into force sixty days after the date of its promulgation.

Articles 2 through 6 Omitted.

ADDENDUM <Act No. 4421, Dec. 14, 1991>

This Act shall enter into force three months after the date of its promulgation: Provided, That the revised provisions of subparagraphs 4-2 and 15 of Article 2 and Article 13-2 (1) shall enter into force on the date of its promulgation.

ADDENDA <Act No. 4498, Nov. 25, 1992>

Article 1 (Enforcement Date)

Addenda

This Act shall enter into force on January 1, 1993.

Articles 2 and 3 Omitted.

ADDENDA <Act No. 4518, Dec. 8, 1992>

(1) (Enforcement Date) This Act shall enter into force on July 1, 1993: Provided, That the revised provisions of Article 3 and 104 (1) concerning the Mayor/Do governor shall enter into force on the date of its promulgation.

(2) (Transitional Measures concerning First-Class Special License) Any person who has obtained the first-class special license pursuant to the previous provisions at the time this Act enters into force, shall be considered to have obtained it under this Act, and with respect to a person who is taking the first-class special license test, the license may be granted under the previous provisions, regardless of the revised provisions of subparagraph 6 of Article 70.

(3) Omitted.

ADDENDA <Act No. 4561, Jun. 11, 1993>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1994.

Articles 2 through 9 Omitted.

Addenda

ADDENDA <Act No. 4872, Jan. 5, 1995>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1995: Provided, That the revised provisions of Articles 11-2, 113, and 114 shall enter into force one month after the promulgation thereof, and those of Articles 68 (2) 3, 68-2 and 71, on January 1, 1997.

Article 1-2 (Transitional Measures due to Change of Test for Driver's License)

A person who has passed a part of the first-class license for ordinary vehicles or the second-class license for ordinary vehicles before December 31, 1996 and whose succession of such test has continuously had validity as of January 1, 1997, may undergo the first-class license for ordinary vehicles or the second-class license for ordinary vehicles pursuant to the previous provisions by December 31, 1997.

[This Article Newly Inserted by Act No. 5296, Mar. 7, 1997]

Article 2 (Transitional Measures concerning Application of Penal Provisions)

The application of the penal provisions to any acts committed before this

Addenda

Act enters into force, shall be subject to the previous provisions.

Article 3 Omitted.

ADDENDA <Act No. 5069, Dec. 29, 1995>

Article 1 (Enforcement Date)

This Act shall enter into force on March 1, 1996.

Articles 2 through 4 Omitted.

ADDENDUM <Act No. 5296, Mar. 7, 1997>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 5405, Aug. 30, 1997>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 13-2, 31, 48-3 through 48-5, 56-2, 72, 76, 101 (3), 102-2, 109, subparagraph 1 of Article 113 [limited to Article 13-2 (3) (including the case applied mutatis mutandis under Article 56-2 (2)), 48-3, 48-4 (1) and 48-5] and 115-2 shall enter into force 3 months after the date of its promulgation.

Article 2 (Application Examples concerning Partial Exemption from

Addenda

Driver's License)

The amended provisions of subparagraph 5 of Article 72 shall be applicable to the person who has failed to undergo the aptitude test referred to in Article 74 (1) before this Act enters into force and for whom one year has passed after the cancellation of driver's license.

Article 3 (Application Examples concerning Disposition of Imposing Fine for Negligence on Employer, etc.)

The amended provisions of Article 115-2 shall not be applicable to the employer, etc. of the driver of motor vehicle committing a violating act before this Act enters into force.

Article 4 (Transitional Measures concerning Term of Office of President and Directors of Corporation)

Term of office of the president and directors of the Corporation when this Act enters into force shall be governed by the previous provisions, notwithstanding the provisions of Article 87 (3).

Article 5 Omitted.

ADDENDA <Act No. 5453, Dec. 13, 1997>

Article 1 (Enforcement Date)

This Act shall enter

Addenda

into force on January 1, 1998. (Proviso Omitted.)

Article 2 Omitted.

ADDENDA <Act No. 5712, Jan. 29, 1999>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 71 (2), 74 and 101-3 shall enter into force three months after the date of its promulgation, the amended provisions of Articles 71-4 (4), 71-5 (4), 71-10 (2), 74-2, 74-3, 76, 78 (1), 81 (1) 1 and subparagraph 7 of Article 113 shall enter into force on September 1, 1999, and the amended provisions of Articles 70 (1) 4, 75 and 115-2 (2) shall enter into force on January 1, 2000.

Article 2 (Transitional Measures concerning Driver's Practice License)

Effective period of a driver's practice license obtained under the previous provisions at the time of enforcing this Act shall be governed by the previous provisions.

Article 3 (Transitional Measures concerning Qualification Standards for Superintendent, etc.)

The superintendent and deputy superintendent of a specialized driving school,

Addenda

who are appointed under the previous provisions at the time of enforcing this Act, shall be deemed to meet the qualification standards pursuant to the amended provisions of subparagraph 2 of Article 71-3.

Article 4 (Transitional Measures concerning Partial Exemption from Regular Aptitude Test)

(1) Period of the regular aptitude test to be first undergone after the enforcement of this Act by a person who has obtained the first-class driver's license at the time of enforcing this Act, shall be governed by the previous provisions.

(2) A person who has obtained the second-class driver's license at the time of enforcing this Act, shall renew his driver's license under the amended provisions of Article 74 (4) within the period of the regular aptitude test as prescribed by the previous provisions.

(3) From among persons who are in the period of the regular aptitude test under the previous provisions at the time of enforcing this Act, and persons for whom one year has not passed after an elapse of such period in which they failed to undergo the aptitude test during the period of the regular aptitude test, the person who has obtained the first-class driver's license shall undergo the regular aptitude test within three months after the enforcement of this Act, and the person who has obtained the second-class driver's license shall renew his driver's license within three months after the enforcement of this Act. In this case, the previous provisions of Article 113 (7)

Addenda

shall apply to the person who has obtained the first-class driver's license.

(4) In case where the person who has obtained the second-class driver's license, and for whom it has been verified that his driver's license was revoked due to his failure of undergoing the regular aptitude test before the enforcement of this Act, intends to obtain his driver's license within one year after the enforcement of this Act, the test for the driver's license under the amended provisions of Article 71 shall be exempted, and the second-class driver's license of the same type shall be issued: Provided, That the regular aptitude test shall be conducted for the person who intends to obtain the driver's license of the same type after the elapse of one year from the day this Act is enforced.

Article 5 (Transitional Measures following Title Change of Association)

(1) The Road Safety Association at the time of enforcing this Act shall be deemed to be the Road Safety Authority established under this Act. In this case, the Authority shall amend the articles of association pursuant to the amended provisions of this Act within three months after the enforcement of this Act, and obtain an approval from the Commissioner of the National Police Agency.

(2) The president, directors, auditor and employees of the Road Safety Association at the time of enforcing this Act shall be deemed to have been appointed to the president, directors, auditor and

Addenda

employees of the Roa Safety Authority uner this Act. In this case, the term of office of the officers shall be the remainder of the term of office as prescribed by the previous provisions.

(3) All properties, rights and duties which have belonged to the Road Safety Association at the time of enforcing this Act shall be succeeded by the Road Safety Authority.

(4) Values of the properties to be succeeded by the Road Safety Authority shall be the book value as of the day preceding the date of registration of the foundation.

Article 6 (Transitional Measures concerning Application of Penal Provisions)

The application of penal provisions to the acts committed before the enforcement of this Act shall be governed by the previous provisions.

Article 7 Omitted.

ADDENDA <Act No. 5999, Aug. 31, 1999>

(1) (Enforcement Date) This Act shall enter into force on September 1, 1999: Provided, That Articles 71 (1) and (2), 74 (1), 104 (5) and Article 74-2 (1) of the amended provisions of the Road Traffic Act (Act No. 5712) shall enter into force on January 1, 2000.

(2) (Transition

Addenda

al Measures concerning Driver's License Test, etc.) The driver's license test, aptitude test and the affairs as to the driver's license pursuant to the amended provisions of Article 104 (5), which have been progressing by the Commissioner of the Local Police Agency at the time of enforcing this Act, shall be deemed to have been progressing by the head of the driver's license test agency under this Act.

ADDENDA <Act No. 6392, Jan. 26, 2001>

Article 1 (Enforcement Date)

This Act shall enter into force on June 30, 2001: Provided, That the amendments to Articles 68 (5) proviso, 70 (2) 1 (excluding the portion falling under the violation of Article 40 (2)), 6, 71-4 (3) 1, 71-5 (3) 1, subparagraph 5 of 72, 78 (1) 1, and 80 (2) (proviso) shall enter into force on the date of its promulgation, the amendments to Article 115-2 (3) and (4) on March 1, 2001, and the amendments to subparagraph 1 of Article 71-3 one year after the date of its promulgation.

Article 2 (Application Example to Prohibition of Driving in Drunken State)

The amendments to Articles 70 (2) 5 and 78 (1) 14 shall be applicable to the offenses occurred on and after the enforcement of this Act.

Article 3 (Transitional Measures for Registration of Driving Schoo

Addenda

Any person who has made a registration of establishment and operation of the school under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes at the time of enforcement of this Act, shall be regarded as the person who has made a registration of establishment and operation of a driving school under the amendments to Article 70-2.

Article 4 (Transitional Measures for Dispositions, etc.)

Orders, dispositions, measures or reports and applications, etc. which were made under the Act on the Establishment and Operation of Private Teaching Institutes at the time of enforcement of this Act, shall be deemed to have been made under this Act, in case where there exist any provisions corresponding thereto in this Act.

Article 5 (Transitional Measures for Penal Provisions, etc.)

In applying the penal provisions, fines for negligence and administrative dispositions against the activities prior to the enforcement of this Act, the previous provisions shall govern.

Article 6 Omitted.

ADDENDA <Act No. 6400, Jan. 29, 2001>

Article 1 (Enforcement Date)

Addenda

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 4 Omitted.

ADDENDA <Act No. 6403, Jan. 29, 2001>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Articles 2 through 7 Omitted.

ADDENDA <Act No. 6565, Dec. 31, 2001>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2002: Provided, That the amended provisions of Articles 40 (2), 70-11, 71-6 (1), 78 (1), 97, 101 and subparagraphs 1 and 3 of Article 113 shall enter into force on the date of its promulgation; the amended provisions of Articles 85 (1) 8, 86-2, 92, 92-2 and Articles 4 and 6 of the Addenda shall enter into force on January 1, 2002; the amended provisions of Articles 71-15 (1) and (2), 72-2 through 72-4 and Article 3 of the Addenda shall enter into force on January 1, 2003; and the amended provisions of Articles 49 (1), 71 (4) and (5), 72-5 through 72-7, 100-2 (limited to Article 49 (1)) and subparagraphs 6 and 7 of Article 107-2 and subparagraph 7 of Article 109 shall enter into force

Addenda

on July 1, 2003.

Article 2 (Application Example to Disqualification Reasons for Officers)

The amended provision of Article 89 shall be applied commencing with the officer who is to be first appointed after the enforcement of this Act.

Article 3 (Transitional Measure for Conducting Traffic Safety Education by Specialized Driving School)

A specialized driving school as designated under the provisions of Article 71-2 (1) at the time of the enforcement of this Act shall meet the requirements to be satisfied at the time of application for a designation of a traffic safety education institution pursuant to the amended provision of Article 72-2 (2) within three months from the date of enforcement of this Act.

Article 4 (Transitional Measure for Abrogation of Road Safety Management Fund)

(1) The road safety management fund as created under the previous provisions at the time of enforcement of this Act shall be regarded as the operating funds to be used for the management of the Authority and the projects relating to the road traffic safety under the amendments to Article 92.

(2) Properties, claims,

Addenda

debts, and other rights and obligations that have belonged to the road safety management fund as referred to in the previous provision of Article 92 (1) at the time of the enforcement of this Act shall revert to the Authority referred to in Article 83.

(3) With regard to the contribution falling under the period after the enforcement of this Act (hereafter in this Article referred to as the "unexpired contribution") from among the contributions already made to the Authority under the previous provision of Article 92-2 before the enforcement of this Act, a refund may be requested within five years from the date of enforcement of this Act. In this case, with regard to any unexpired contribution for which a refund has not been requested within the relevant application period, the right for claiming the refund shall be extinguished by the prescription. <Amended by Act No. 6863, Mar. 12, 2003>

(4) Paragraph (3) shall also apply to the adjusted amount due to a revocation of a driver's license or a deletion of motor vehicle's registration prior to the enforcement of this Act, and the adjusted amount resulting from a reduction in contribution effective on January 1, 1999.

(5) For a guide to the refund of contribution under paragraph (3) shall be publicly announced on two or more central daily newspapers.

Article 5 (Transitional Measure for Penal Provisions or Fine for Negligence)

Addenda

The application of penal provisions or a fine for negligence to the acts committed prior to the enforcement of this Act shall be governed by the previous provisions.

Article 6 Omitted.

ADDENDUM <Act No. 6789, Dec. 18, 2002>

This Act shall enter into force six months after the date of its promulgation.

ADDENDUM <Act No. 6863, Mar. 12, 2003>

This Act shall enter into force on the date of its promulgation but apply on and after January 1, 2002.

ADDENDA <Act No. 7120, Jan. 29, 2004>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Articles 2 through 9 Omitted.

ADDENDA <Act No. 7171, Feb. 9, 2004>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2005.

Addenda

Articles 2 through 9 Omitted.

ADDENDA <Act No. 7247, Dec. 23, 2004>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 Omitted.

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