CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
The purpose of this Act is to establish a system for securing compensation for death or personal injury caused by the operation of automobiles, and thereby to protect the sufferers and to promote the sound development of automobile transportation.
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| 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. 4488, Dec. 31, 1991; Act No. 4561, Jun. 11, 1993>
| 2. | The term “operation” means to use the automobiles according to the method of use of the equipment concerned regardless of whether they are used for the transportation of persons or things; |
| 3. | The term “holder” means the owner of the automobile or the person entitled to the use of the automobile who operates the automobile for his own sake; |
| 4. | The term “driver” means the person who, for others, is engaged in driving or assisting in the driving of the automobile; |
| 5. | The term “liability insurance” means the insurance designed to guarantee the damage compensation liability which may incur under this Act to the holder and the insurer as prescribed in the Insurance Business Act; and |
| 6. | The term “liability mutual aids” means mutual aids designed to guarantee the damage compensation liability which may incur under this Act to the owner of a business automobile and who runs a mutual aids project as prescribed in Article 8 of the Land Transportation Promotion Act. |
CHAPTER Ⅱ LIABILITY FOR THE COMPENSATION OF LOSSES CAUSED BY AUTOMOBILES
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| Article 3 (Responsibility for Compensation of Losses Caused by Automobiles) |
A person who operates an automobile for his own sake shall be liable to compensate the losses in case he has killed or injured another person by the operation therof: Provided, That the provisions of this Article shall not be applicable in case falling under any of the following subparagraphs:
| 1. | In case of the death or injury of an other person than the passenger, when it has been proven that the person who operates the automobile and the driver thereof was not negligent in its operation and that there was an intentional or negligent act on the part of the sufferer or the third party other than the person who operates the automobile and the driver thereof and that there was no defect in the structure or trouble in the function of the automobile; and |
| 2. | When, in case of the death or injury of the passenger, the death or injury concerned has been caused by his intentional act or suicidal act. |
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| Article 4 (Application of Civil Act) |
With regard to the liability for making compensation for losses of the person who operates an automobile for his own sake, the provisions of the Civil Act, in addition to the provisions of Article 3 hereof, shall be applied.
CHAPTER Ⅲ SUBSCRIPTION TO INSURANCE FOR THE AUTOMOBILE DAMAGE COMPENSATION
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| Article 5 (Subscription to Insurance, etc.) |
| (1) | Any person who wishes to operate automobiles shall be required to subscribe to liability insurance or liability mutual aids (hereinafter referred to as “liability insurance etc.”), which shall hold him liable to pay to the victim such amount as prescribed by the Presidential Decree in case he has killed or injured another person due to the operation of the automobile: Provided, That the provisions of this Article shall not apply when he has subscribed to insurance under the Insurance Business Act which guarantees the sufferer of the compensation, more than the level guaranteed under the liability insurance or to the mutual aids under the Land Transportation Promotion Act (hereinafter referred to as “consolidated insurance, etc.”) <Amended by Act No. 4488, Dec. 31, 1991> |
| (2) | The provisions of the text of paragraph (1) shall not apply to the automobile of the holder as prescribed by the Presidential Decree and the automobile operated only at places other on a road (refers to the road under the provisions of subparagraph 1 of Article 2 of the Road Traffic Act. |
| (3) | A person who is engaged in the automobile transportation business licensed or registered as provided in Article 4 of the Automobile Transport Business Act, a person who is engaged in the automobile rental business registered as provided in Article 55-2 thereof, and a person who is engaged in the construction machinery business as provided in Article 21 (1) of the Construction Machinery Management Act and leases the construction machinery pursuant to the provisions of subparagraph 1 of Article 2 shall subscribe to the insurance under the Insurance Business Act as prescribed by the Presidential Decree which guarantees compensation liability in case he has killed or injured another person in the course of operating the automobile or to the mutual aids as prescribed by the Land Transportation Promotion Act in addition to subscribing to the liability insurance etc. prescribed in the text of paragraph (1). <Added by Act No. 4488, Dec. 31, 1991; Act No. 4561, Jun. 11, 1993> |
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| Article 5-2 (Measures etc. to Non-subscriber to Liability Insurance, etc.) |
| (1) | The insurer (including the person running the mutual aids business as provided by Article 8 of the Land Transportation Promotion Act. The same shall apply) shall notify the fact of the expiry of the contract term to his counterpart policy holder of liability insurance, etc. or consolidated insurance, etc. at least thirty days in advance of the expiry date thereof. |
| (2) | The insurer shall notify without delay the Minister of Construction and Transportation in the event that he becomes aware of the fact that its counterpart policy holder of liability insurance etc. or consolidated insurance, etc. has, upon termination of the existing contract, neither renewed the contract nor made a new contract with another insurer. |
| (3) | Upon the receipt of the notice as provided in paragraph (2), the Minister of Construction and Transportation shall order without delay the policy holder who has not subscribed to liability insurance etc. or consolidated insurance, etc. to subscribe as required and present documents, proving the fact of subscription to liability insurance, etc. or consolidated insurance, etc., within the period of 10 to 15 days. |
| (4) | Matters necessary with respect to the means and procedures of the notice as provided in paragraphs (1) and (2) shall be prescribed by the Ministerial Decree of Construction and Transportation. |
[This Article Added by Act No. 4488, Dec. 31, 1991]
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| Article 6 (Restriction on Operation) |
| (1) | Automobiles other than those subscribing to liability insurance, etc. or consolidated insurance, etc. shall not be operated: Provided, That this provision shall not apply to the automobiles as provided in Article 5 (2). <Amended by Act No. 4488, Dec. 31, 1991> |
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| Article 7 (Certificate of Subscription to Insurance, etc.) |
| (1) | The insurer shall issue a certificate of subscription to liability insurance, etc. or consolidated insurance, etc. with respect to automobile damage compensation (hereinafter referred to as the “certificate”)to the subscriber of the liability insurance, etc. or the consolidated insurance, etc. (hereinafter referred to as the “guarantor”) <Amended by Act No. 4488, Dec. 31, 1991> |
| (2) | When any changes have taken place in the matters described in the certificate, the guarantor shall have such changes rewritten in the certificate. |
| (3) | When the certificate has been lost, damaged or defaced so badly as not to be understood, the guarantor may apply for re-issuance thereof to the insurer. |
| (4) | Matters to be described in the certificate and other necessary matters shall be prescribed by the Ministerial Decree of Construction and Transportation. |
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| Article 8 (Return of Certificate) |
When the registration of cancellation has been made (in case of two-wheeled small type automobiles, when the report of the discontinuance of the use has been made), the guarantor shall have to return the certificate to the insurer within seven days thereafter. <Amended by Act No. 3912, Dec. 31, 1986>
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| Article 9 (Display of Certificate) |
No automobile shall be operated without affixing the certificate thereon: Provided, That this provision shall not be applied to the automobile as provided in Article 5 (2) of this Act.
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| Article 10 (Mark of Subscription to Insurance) |
| (1) | In case the insurer issues the certificate as provided in Article 7, he shall issue the mark of subscription to the insurance. <Amended by Act No. 4488, Dec. 31, 1991> |
| (2) | When the mark of subscription to insurance has been lost, damaged or defaced so badly as not to be understood, the guarantor may apply for re-issuance thereof to the insurer. |
| (3) | Necessary matters with respect to the form of the mark of subscription to insurance and the issuance procedure shall be prescribed in the Ministerial Decree of Construction and Transportation. |
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| Article 11 (Sticking of Mark of Subscription to Insurance) |
No automobile as referred to in Article 10 (1) shall be operated without sticking the mark of subscription to insurance thereon as prescribed by the Ministerial Decree of Construction and Transportation.
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| Article 12 (Request for Loss of Compensation, etc.) |
| (1) | When the guarantor has become liable to make compensation for losses as provided in Article 3, the sufferer may, in accordance with the provisions of the Presidential Decree, request the insurer to make payment of the insurance money or mutual aid money (hereinafter referred to as the “loss compensation money”) within the limit of the liability insurance money. |
| (2) | The guarantor may request the insurer to reimburse the sum that he has paid to the victim for the compensation of the damages before the insurer pays the damage compensation within the limit covered by the insurance. <Added by Act No. 4488, Dec. 31, 1991> |
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| Article 12-2 (Medical Fees) |
| (1) | The minister of Construction and Transportation may set and make public the medical fees to be charged for the treatment of the victim performed by the medical institutions as prescribed in the Medical Service Act(hereinafter referred to as the “medical institutions”). |
| (2) | Prior to setting the medical fees as provided in paragraph (1), the Minister of Construction and Transportation shall consult with the representatives of the insurers and the medical institutions. |
[This Article Added by Act No. 4488, Dec. 31, 1991]
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| Article 12-3 (Request for Assessment of Medical Fees) |
| (1) | In case it appears to the insurer that he was unjustly charged by the medical institution for the set medical fees as provided in Article 12-2 (1), he may request the Medical Fees Council to assess the fees within 60 days from the date when the demand for payment has been made. |
| (2) | A person who is dissatisfied with the Council’s assessment as provided in paragraph (1) may request the reassessment thereof within 60 days following the date that such notice has been received. |
| (3) | In the event the request has been made as provided in paragraph (1), the insurer shall prepay the amount provided by the Presidential Decree to the medical institution and pay the balance according to the result of the assessment. In case the prepaid amount exceeds the assessed medical fee, the insurer may demand the refund thereof. |
[This Article Added by Act No. 4488, Dec. 31, 1991]
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| Article 12-4 (Medical Fees Council) |
The insurers and medical institutions may establish the Medical Fees Council consisting of the respective representatives in order to professionally deliberate on the matters relating to the assessment and reassessment of the medical fees as provided in Article 12-3. [This Article Added by Act No. 4488, Dec. 31, 1991]
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| Article 13 (Advance Payment to Sufferer) |
| (1) | When the guarantor has caused the death or bodily injury of another person because of the operation of an automobile, the sufferer (refers to the person having the right to receive the loss compensation in case where the sufferer is dead; hereinafter the same shall apply) may, in accordance with the provisions of the Presidential Decree, request the insurer to pay a certain amount of money as prescribed in the Presidential Decree as advance payment for the payment of the loss compensation money as provided in Article 12. |
| (2) | When the insurer has received the request for advance payment as provided in paragraph (1), he shall pay the amount requested without delay. |
| (3) | In a case where the advance payment paid as provided in paragraph (2) exceeds the amount of the loss compensation money, the insurer may request the person who has received the advance payment concerned to refund the amount in excess thereof. |
| (4) | When the advance payment as provided in paragraph (2) has been made but the guarantor has not become liable to make the payment of loss compensation, the insurer may request the person who received the advance payment to refund it. |
CHAPTER Ⅳ AUTOMOBILE DAMAGE COMPENSATION GUARANTEE BUSINESS
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| Article 14 (Automobile Damage Compensation Guarantee Business) |
| (1) | The government shall compensate, when a person is killed or injured due to the operation of such automobile whose holder is unknown, the damage he suffered within the limit of the liability insurance money in accordance with the request of the sufferer. |
| (2) | In case a person other than the guarantor has the liability for loss compensation, the government shall compensate the damage he suffered within the limit of the liability insurance money in accordance with the request of the sufferer: Provided, That this provision shall not be applied in a case where the damage is due to the operation of the automobile as provided in Article 5 (2) of this Act. |
| (3) | The amount which the government compensates as provided in paragraph (1) or (2) shall be prescribed in the presidential Decree. |
| (4) | The Minister of Construction and Transportation shall perform the work with respect to the compensation business of the government as provided in paragraphs (1) and (2) (hereinafter referred to as the “automobile damage compensation guarantee business”). |
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| Article 15 (Adjustment with Compensation, etc. under Other Act) |
| (2) | In a case where the sufferer is compensated for the damage as provided in Article 14 by the person who has the liability for damage compensation pursuant to Article 3, the government shall be exempt from the liability for compensation under Article 14 within the limit of the amount of compensation he has received. |
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| Article 16 (Share of Expenses for Damage Compensation Guarantee Business) |
| (1) | The insurer and the holder of the automobiles prescribed in the Presidential Decree out of the automobiles as provided in Article 5 (2) shall pay the government the share of expenses for the damage compensation guarantee business. |
| (2) | The share of expenses as provided in paragraph (1) shall be employed as separate from the revenue and expenditure budget and the necessary matters with respect to the amount, the method of payment, and the management of the share of expenses shall be prescribed by the Presidential Decree. |
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| Article 17 (Disposition for Arrears for Share of Expenses) |
| (1) | In a case where there is a person who has not paid the share of expenses as provided in Article 16, the Minister of Construction and Transportation shall urge him to pay the share of expenses by setting a period of more than ten days. |
| (2) | The request as provided in paragraph (1) shall have the effect of interrupting the prescription regardless of the provisions of Article 174 of the Civil Act. |
| (3) | In a case where the person who has been urged to pay the share of expenses as provided in paragraph (1) does not pay it before the period, the Minister of Construction and Transportation shall collect it in accordance with the example of a disposition on national taxes in arrears. |
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| Article 18 (Subrogation of Right of Claims) |
In a case where the government has made compensation for losses under the provisions of Article 14, the government shall exercise in subrogation the sufferer’s right to claim the compensation for losses within the limit of the amount he has paid.
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
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| Article 19 (Prohibition of Seizure, etc) |
The right of claims as provided in Article 12 (1), 13 (1), or 14 shall not be seized or alienated. <Amended by Act No. 4488, Dec. 31, 1991>
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| Article 20 (Prescription) |
In a case where the right to claims as provided in Article 12, 13 (1), or 14 is not exercised for two years, the right to claims concerned shall be terminated by prescription.
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| Article 21 (Duty to Conclude Liability Insurance Contract) |
The insurer shall not deny the holder’s subscription to liability insurance, etc. unless there is due cause to do so as prescribed by the Presidential Decree. <Amended by Act No. 4488, Dec. 31, 1991>
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| Article 21-2 (Rescission of Insurance Contract, etc.) |
The guarantor and the insurer may rescind or terminate the liability insurance, etc. or consolidated insurance, etc. contract in a case where it falls under any of the following subparagraphs:
| 1. | In a case where the automobile becomes the automobile as provided in Article 5 (2); |
| 2. | In a case where it is desired to rescind one of the simultaneously subscribed multiple contracts of the automobile liability insurance, etc. or the consolidated insurance, etc; and |
| 3. | In other instances as prescribed by the Ministerial Decree of Construction and Transportation. |
[This Article Added by Act No. 4488, Dec. 31, 1991]
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| Article 22 (Management of Liability Insurance Business) |
The insurer shall do the accounting with respect to the business resulting from liability insurance, etc. separately from other insurance business or mutual aid business. <Amended by Act No. 4488, Dec. 31, 1991>
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| Article 23 (Request for Presentation of Certificate) |
When it is deemed necessary for attaining the purpose of this Act, the Minister of Construction and Transportation may cause the public officials under his jurisdiction to request person operating automobiles on a road or any other places where automobiles are located to present the certificate.
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| Article 24 (Presentation, etc. of Certificate) |
| (1) | A person who wishes to obtain the disposition of registration, etc. as provided for in Article 8, 12, 43 (1) 2, or 48 (1) of Automobile Management Act, shall present the certificate to the competent authorities: Provided, That this provision shall not apply to the automobile as provided in Article 5 (2). <Amended by Act No. 5104, Dec. 29, 1995> |
| (2) | The competent authorities shall not take the disposition of registration, etc. unless the certificate is presented in accordance with the provision of paragraph (1). |
| (3) | Matters necessary with respect to the means and procedures of the certificate confirmation as provided in paragraph (1) shall be prescribed by the Presidential Decree. <This Article Wholly Amended by Act No. 4488, Dec. 31, 1991> |
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| Article 25 (Consultation with Regard to Approval of Premium) |
The Minister of Finance shall, when he intends to take such actions as approval of the premium or insurance contract for liability insurance, consult with the Minister of Construction and Transportation in advance.
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| Article 25-2 (Revision of Insurance Amount, etc.) |
In a case where the Presidential Decree provisions with respect to the insurance amount of the liability insurance, etc. or mutual aid amount (hereinafter referred to as the “insurance amount, etc.”) as provided in Article 5 (1) shall be revised, such revision may include the following subparagraphs compelling the insurer to pay the revised insurance amount, etc. regardless of the contract made before the revision: | 1. | Items which allow him to regard the previous insurance amount, etc. of the closed contract as the revised insurance amount, etc. without renewing the contract; and |
| 2. | Other items accompanied by the revision of the insurance amount, etc., or items necessary for the payment of the revised insurance amount, etc.. |
[This Article Added by Act No. 4488, Dec. 31, 1991]
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| Article 26 (Report and Examination, etc.) |
| (1) | The Minister of Construction and Transportation, when it is deemed necessary, may cause the person who is entrusted with the authority as provided in Article 28 to make reports on the state of payment of the damage compensation money as provided in Article 14, the state of payment of the share of expenses as provided in Article 16 and the subrogation of the right of claims as provided in Article 18, or may cause the public officials concerned to examine accounting books and other documents, or to question the concerned persons. |
| (2) | The public officials who conduct the examination or inquiry in accordance with the provisions of paragraph (1) shall carry identification cards indicating their authority and show them to the persons concerned. |
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| Article 27 (Delegation of Authority) |
The Minister of Construction and Transportation may delegate a part of the authority under this Act, in accordance with the provisions of the Presidential Decree, to the Seoul Special Metropolitan City Mayor, the Metropolitan City Mayor or Do governor.
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| Article 28 (Consignment of Authority, etc.) |
| (1) | The Minister of Construction and Transportation may, in accordance with the provisions of the Presidential Decree, consign the authority concerning the automobile damage compensation business to the person designated by the consultation with the Minister of Finance. |
| (2) | The government may pay the person who is consigned the authority as provided in paragraph (1) a subsidy within the limit of the budget in order to make him apply it to the damage compensation money he pays. |
CHAPTER Ⅵ PENAL PROVISIONS
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| Article 29 (Penal Provisions) |
A person who falls under any of the following subparagraphs shall be punished by penal servitude of not longer than one year or by a fine not exceeding 5,000,000 won: <Amended by Act No. 4488, Dec. 31, 1991>
| 1. | A holder who has not subscribed to the liability insurance, etc. or consolidated insurance, etc. in violation of Article 5-2 (3); |
| 2. | A holder who has operated an automobile which has not subscribed to the liability insurance, etc. or consolidated insurance, etc. in violation of Article 6 (1); |
| 3. | A person who has issued, rewritten or reissued falsely the certificate as provided in Article 7 or the mark of subscription to insurance as provided in Article 10; and |
| 4. | A person who has received the certificate as provided in Article 7 or mark of subscription to insurance as provided in Article 10 that was issued, written, or reissued in a deceptive or other unfair way. |
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| Article 30 (Joint Penal Provisions) |
When a representative of a juridical person or an agent, employee, or other worker of a juridical person or natural person has committed an act of violation as provided in Article 29 with respect to the business of the juridical person or the natural person, the said juridical person or natural person shall be punished by the fine as provided in Article 29, in addition to the punishment of the person who has committed the said act.
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| Article 31 (Fine for Negligence) |
An insurer who has denied the holder’s subscription to the liability insurance, etc., or who has failed to keep a separate account for the liability insurance, etc. in violation of the provisions of Article 21 or 22, shall be punished by a fine for negligence not exceeding 5,000,000 won. [This Article Wholly Amended by Act No. 4488, Dec. 31, 1991]
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| Article 32 (Fine for Negligence) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 3,000,000 won: <Amended by Act No. 4488, Dec. 31, 1991> |
| 1. | A holder who has failed to subscribe to the insurance or mutual aid as provided in Article 5 (1) or (3); |
| 2. | An insurer who has not notified the holder of the fact that the period of insurance or mutual aid contract as refereed to in Article 5-2 (1) or (2), shall expire or that a renewed contract has not been made; |
| 3. | A person who has violated the provisions of Article 7 (1); |
| 4. | A person who has refused, disturbed or evaded the request for presentation of a certificate as provided in Article 23; |
| 5. | A person who has not made reports as provided in Article 26 (1), or who has made a false report thereof; and |
| 6. | A person who has refused disturbed or evaded the examination as provided in Article 26 (1), or who has made a false statement in response to an inquiry. |
| (2) | A person who has violated the provisions of Article 7 (2), 9 or 11 shall be punished by a fine for negligence not exceeding 500,000 won. <Amended by Act No. 4488, Dec. 31, 1991> |
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| Article 33 (Imposition Procedure of Fine for Negligence) |
| (1) | The fine for negligence as provided in Articles 31 and 32 shall be imposed and collected by the Minister of Construction and Transportation(refers to the Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor when the authority was delegated as provided in Article 27; hereinafter, in this Article, The same shall apply) as prescribed by the Presidential Decree. <Amended by Act No. 4488, Dec. 31, 1991> |
| (2) | A person who is dissatisfied with the disposition of a fine for negligence as provided in paragraph (1) may raise an objection to the Minister of Construction and Transportation within thirty days from the date on which he knew the disposition concerned. |
| (3) | When a person who has received the disposition of a fine for negligence as provided in paragraph (1) raises an objection to it as provided in paragraph (2), the Minister of Construction and Transportation shall report it to the competent court without delay, and the competent court that received the report shall make a disposition on the fine for negligence as prescribed by the Non-Contentious Case Litigation Procedure Act. |
| (4) | When a person has not paid a fine for negligence without raising an objection to the disposition within the period as provided in paragraph (2), the fine for negligence shall be collected according to the example of a disposition on the national taxes in arrears or the local taxes in arrears. <Amended by Act No. 4488, Dec. 31, 1991> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1985: Provided, That the provisions of Article 14 (2) and the proviso of Article 24 (2) shall apply on the date prescribed by the Presidential Decree within the limit of one year after the enforcement date of this Act. |
[The proviso of Article 24 (2) of this Act by the Presidential Decree No. 11718, June 29, 1985 shall enter into force on July 1, 1985 and Article 14 (2) of this Act on June 30, 1986] | (2) | (Transitional Measures Concerning in-House Guarantor) A person who has obtained permission for automobile damage compensation by in-house guarantee before the enforcement of this Act as prescribed in the former Act, shall subscribe to the liability insurance or consolidated insurance, etc. within one year after the enforcement date of this Act and shall return the certificate of permission of the in-house guarantee and the certificate of guarantee to the Minister of Construction and Transportation. |
| (3) | (Application Examples) With respect to the person who has obtained permission for automobile damage compensation by in-house guarantee as prescribed by the former Act, the provisions of the former Act shall apply until he subscribes to the liability insurance or consolidated insurance, etc. as provided in paragraph (2) of the Addenda. |
ADDENDA<Act No. 3912, Dec. 31, 1986>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1997.
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 4488, Dec. 31, 1991>
This Act shall enter into force 3 months after the date of its promulgation: Provided, That the revised provisions of Article 10 (1) shall enter into force 1 year after the date of its promulgation.
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<Act No. 5104, Dec. 29, 1995>
Article 1 (Enforcement Date>
This Act shall enter into force 10 months after the date of its promulgation.
Articles 2 through 7 Omitted.
