CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
The purpose of this Act is to ensure the safe and smooth flow of traffic by preventing and removing all dangers and obstacles to traffic on roads.
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| Article 2 (Definitions) |
The definitions of the terms used in this Act shall be as follows:
| 1. | The term"road"means the road falling under each of the following items: |
| (a) | The road provided for in the Road Act; |
| (c) | The open area that is actually necessary to ensure the safe and smooth movement of traffic of numerous pedestrians, motor vehicles and horses; |
| 2. | The term"exclusive road for motor vehicles"means the road over which only motor vehicles may move; |
| 3. | The term"expressway"means the road that is designated exclusively for motor vehicles to move along at a high speed; |
| 4. | The term"roadway"means the part of the road over which all motor vehicles run along the boundary that is demarcated with connected stones (referring to the lines that are demarcated by curb stones, etc., which separate the roadway from the sidewalk), safety signs and apparatuses similar thereto; |
| 5. | The term "median lane" means a line that is indicated with safety signs such as yellow solid lines, yellow dotted lines, etc. or facilities that are installed with medians and barriers, etc. and where a reversible motor vehicle road is opened pursuant to the provisions of the latter part of Article 14 (1), this refers to the yellow dotted line on the far left side of the running direction that is controlled by signal apparatus; |
| 6. | The term"lane"means the part of a roadway that is divided by the vehicle line along which motor vehicles and horses move; |
| 7. | The term"vehicle line"means a line whose boundary points are indicated with safety signs in order to demarcate between lanes; |
| 8. | The term"bicycle track"means the part of a road, the boundaries of which are demarcated with safety signs, safety barriers and other structures similar thereto for use by bicycle traffic; |
| 9. | The term"sidewalk"means the part of a road, the boundary of which is demarcated with a line of curbstones, safety signs and appara tuses similar thereto for use by pedestrian traffic (including baby carriages and wheelchairs used for physically handicapped persons, which are prescribed by Ordinance of the Ministry of Government Administration and Home Affairs; hereafter the same shall apply); |
| 10. | The term"roadside area"means the part of the edge of a road that is not divided by a sidewalk and the roadway, but is demarcated with safety signs, etc. in order to ensure the safety of pedestrians; |
| 11. | The term"crosswalk"means the part of a road, which is demarcated with safety signs in order for pedestrians to cross the road; |
| 12. | The term"intersection"means the part of the road, which is intersected in the shape of a"＋"or"T"or the juncture of at least 2 roads (in the case of a road that is divided by the sidewalk and the roadway, refers to the roadway); |
| 13. | The term"safety zone"means a part of a road, which is indicated by safety signs and other apparatuses similar thereto in order to ensure the safety of pedestrians crossing the road as well as motor vehicles and horses that are moving; |
| 14. | The term"signal apparatuses"means the apparatuses that are operated manually by electricity to convey signals to proceed, stop, turn, take manually caution, etc. by means of letters, symbols or lights in order to ensure the smooth flow of road traffic; |
| 15. | The term"safety signs"means signboards that convey caution, control, direction, etc. or symbols, letters, lines, etc. that are indicated on the surface of a road; |
| 16. | The term"motor vehicles and horses"means the motor vehicles and horses falling under any of the following items: |
| (a) | The term "motor vehicle" means that which falls under any of the followings: |
| (ⅱ) | Construction machinery; |
| (ⅴ) | Other vehicles that are driven on the road by using propulsion from the power of humans, cattle or other means of propulsion:Provided , That anything that runs along railway tracksor on temporarily installed lines, baby carriages and wheelchairs for physically handicapped persons that are prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs shall be excluded; and |
| (b) | The term"oxenand horses"means cattle that constitute traffic and are used for transportation; |
| 17. | The term"motor vehicle"means a vehicle that is driven by its motor (any towed motor vehicle shall be deemed as part of a motor vehicle) without resorting to any railway or any temporarily installed line, and falls under any of the following items: |
| (ⅳ) | A special-purpose car; or |
| (ⅴ) | A two-wheeled vehicle; and |
| 18. | The term"motorcycle"means a vehicle falling under any of the following items: |
| (b) | A vehicle equipped with a motor of not more than 50cc displacement (where the vehicle is driven by means of electricity, not more than 0.59 kw of rated power); |
| 19. | The term"motor vehicles, etc."means motor vehicles and motorcycles; |
| 20. | The term"emergency motor vehicles"means motor vehicles that fallunder any of the following items and are used for emergency purposes: |
| (c) | Other motor vehicles so prescribed by the Presidential Decree; |
| 21. | The term"school buses for children"means omnibuses used for transporting children (referring to persons younger than 13 years of age; hereafter the same shall apply) to and from the schools in which they are educated and which are reported pursuant to the provisions of Article 52 among the establishments falling under any of the fol lowing items: |
| 22. | The term"parking"means the act of keeping any motor vehicle in the state of parking on the grounds that the motor vehicle waits for passengers, the motor vehicle is being loaded with cargo or the motor vehicle is broken down or its driver is unable to immediately drive the motor vehicle after leaving the relevant motor vehicle; |
| 23. | The term"stop"means the act of bringing any motor vehicle to a non-driven state for not more than 5 seconds, other than the act of parking; |
| 24. | The term"driving"means the act of using a motor vehicle or horse on a road according to its original purpose and use (including the act of manoeuvring it); |
| 25. | The term"novice driver"means a person for whom 2 years have yet to lapse from the date (in cases where he/she is subject to a disposition taken to revoke his/her driver's license before 2 years lapse from the date on which he/she re-obtains his/her driver's license, this refers to the date on which he/she re-obtains his/her driver's license thereafter) on which he/she obtains his/her driver's license. In this case, in cases where anyone who only obtains a motorcycle driver's license obtains a driver's license other than a motorcycle driver'slicense, his/her driver's license shall be deemed obtained for the firsttime; |
| 26. | The term"drive slowly"means the act of driving a motor vehicle ata slow speed that makes it possible for its driver to stop his/her motor vehicle immediately; |
| 27. | The term"overtake"means where anyone driving his/her motor vehicle passes another motor vehicle being driven ahead of it; |
| 28. | The term"temporary stop"means that the driver brings the wheels of his/her motor vehicle to a temporary but complete stop; |
| 29. | The term"exclusive pedestrian road"means a road that is indicated by safety signs, or apparatuses similar thereto for exclusive use by pedestrians; and |
| 30. | The term"driving school"means an establishment in which the knowledge and skills to drive motor vehicles are taught, other than an establishment falling under any of the following items: |
| (a) | An establishment that is built by any school for training its teachersand students pursuant to education-related Acts and subordinate statutes; |
| (b) | An establishment that is built by any place of business, etc. for training its employees; |
| (c) | An establishment that is built in order to conduct simulated driving practice by using electronic equipment; |
| (d) | An establishment that is recognized by the Commissioner of a LocalPolice Agency among the establishments that are built by the heads of local governments for conducting driving education for physically handicapped persons; and |
| (e) | An establishment that conducts driving education without receiving any fees therefor. |
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| Article 3 (Installation and Management of Signal Apparatuses, etc.) |
| (1) | The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head ofSi/Gun(excluding the head of Gun of a Metropolitan City; hereafter referred to as the "mayor, etc.") shall, when it is deemed necessary to prevent dangers and to ensure the safe and smooth flow of traffic on the road, install and manage signal apparatuses and safety signs (hereinafter referred to as"traffic safety facilities"):Provided, That in cases of toll roads provided for in the provisions of Article 6 of the Toll Road Act, road managers shall install and mange traffic safely facilities upon receiving instructions of the mayor. etc. |
| (2) | Do may subsidize all or a part of the costs involved for the mayor or the head of Gun to install and manage traffic safety facilities pursuant to the provisions of paragraph (1). |
| (3) | The mayor, etc. may, in cases where it is necessary to remove traffic safety facilities installed on a road or to restore them to their original state on the grounds that are prescribed by the Presidential Decree, get anyone who has given rise to such grounds to bear all or a part of the costs necessary to perform the work therefor. |
| (4) | Necessary matters concerning standards for bearing and refunding the costs referred to in the provisions of paragraph (3) shall be prescribed by the Presidential Decree. |
| (5) | When the person who is liable to pay all or a part of the costs pursuant to the provisions of paragraph (3) fails to pay them within thedesignated period, the mayor, etc. shall collect the unpaid costs according to the precedents for dispositions taken to collect local taxes in arrears. |
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| Article 4 (Kinds, etc. of Traffic Safety Facilities) |
The kinds of traffic safety facilities, methods of manufacturing traffic safety facilities, places where traffic safety facilities are to be installed and other necessary matters concerning traffic safety facilities shall be prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs.
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| Article 5 (Obligations to Abide by Signals and Instructions) |
| (1) | Pedestrians who walk roads, the drivers of motor vehicles and horses that move along roads shall abide by signals and instructions that are conveyed and given by traffic safety facilities, state police officers (including combat police officers; hereinafter the same shall apply), the autonomous police officers of the Jeju Special Self-Governing Province (hereinafter referred to as the"autonomous police officers"), state police officials who are prescribed by the Presidential Decree and autonomous police officersand persons who assist police officers (hereinafter referredto as"police officers, etc.") prescribed by the Presidential Decree.<Amended by Act No. 7969, Jul. 19, 2006> |
| (2) | In cases where the signals and instructions conveyed by traffic safety facilities referred to in the provisions of paragraph (1) are different from the signals and instructions given by police officers in charge of traffic control, pedestrians who walk the road, the drivers of motor vehicles and the riders of horses that pass along the road shall follow such signals and directions that are given by the police officers, etc. |
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| Article 6 (Prohibitions and Restrictions on Traffic) |
| (1) | When it is deemed necessary to prevent any danger on the road and to ensure the safe and smooth flow of traffic on the road, the Commissioner of Local Police Agency may prohibit and restrict the traffic of pedestrians, motor vehicles and horses in the section as designated byhim. In this case, the Commissioner of the Local Police Agency shall notifythe road management agency that is in charge of the road on which thetraffic of pedestrians, motor vehicles and horses is prohibited or restricted of such fact. |
| (2) | When it is deemed necessary to prevent any danger on the road and to ensure the safe and smooth flow of traffic on the road, the head of every police station may first prohibit and restrict the traffic of pedestrians, motor vehicles and horses, and then consult with the road manager about the section subject to the prohibition and the restrictions andthe period during which the prohibition and the restrictions are imposed. |
| (3) | The Commissioner of the Local Police Agency or the head of the police station shall, when he/she intends to impose the prohibition and the restrictions referred to in the provisions of paragraph (1) or (2), publish the fact of his/her intentions under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (4) | State police officers and autonomous police officers (hereinafter referred to as the"police officers") may, when it is deemed necessary to urgently prevent any danger on the road on the grounds that the road is damaged, or fire breaks out and other circumstances, temporarily prohibit or restrict the traffic of pedestrians, motor vehicles and horses within the necessary limit.<Amended by Act No. 7969, Jul. 19, 2006> |
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| Article 7 (Measures to Relieve Traffic Congestion) |
When the traffic build-up of pedestrians, motors vehicles and horses is evidently feared to cause traffic congestion, police officers may take necessary measures to relax such traffic congestion.
CHAPTER II MOVEMENT OF PEDESTRIANS TO WALK ROADS
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| Article 8 (Pedestrian Traffic) |
| (1) | On a road that is divided into a sidewalk and a roadway, pedestrians shall always walk the sidewalk:Provided, That the same shall not apply to cases where pedestrians cross the roadway or such usage of a sidewalk is prohibited on the grounds of any road work, etc. or other case of inevitability. |
| (2) | On a road that is not divided into a sidewalk and a roadway, pedestrians shall walk the left-hand side of the road or the edge of the road. |
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| Article 9 (Movement of Processions, etc.) |
| (1) | Processions of students and processions of persons that are prescribed by the Presidential Decree as being feared to impede pedestrian traffic(hereinafter referred to as a"procession, etc.") may pass along the roadway, notwithstanding the provisions of the main sentence of Article 8 (1). In this case, the procession, etc. shall pass along the right-hand side of the roadway. |
| (2) | A procession, etc. may, when marching along a street during any socially important event, pass along the center of the road. |
| (3) | Police officers may, when it is deemed necessary to prevent any dangeron the road and to ensure the safe and smooth flow of traffic on the road, designate a section, order the procession, etc. to pass along the righthand side of the road or the roadway (in a roadway that has a bicycle track, this refers to the right-hand side of the roadway other than along the bicycle track) in such section and take necessary measures. |
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| Article 10 (Crossing of Roads) |
| (1) | The Commissioner of a Local Police Agency may open any crosswalk in order to ensure the safety of pedestrians crossing the road according to the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (2) | Pedestrians shall cross an underpass, an overpass and other roadcrossing facilities referred to in the provisions of paragraph (1) that are installed in the road;Provided, That in the case of physically handicapped persons who are unable to use road-crossing facilities such as underpasses and overpasses, they may cross the road without using the road-crossing facilities in a manner that crossing of the road does not impede other traffic. |
| (3) | Pedestrians shall cross the road by using the shortest distance, inwhich road-crossing facilities referred to in the provisions of paragraph (1) are not installed. |
| (4) | Pedestrians shall not cross the road just in front or to the rear of any motor vehicle:Provided, That the same shall not apply to cases where they cross the road according to signals or instructions that are sent or given by signal apparatuses or police officers, etc. |
| (5) | Pedestrians shall not cross the part of a road where crossing is prohibited by safety signals, etc. |
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| Article 11 (Protection of Children, etc.) |
| (1) | Caregivers of children shall not allow any child in their care to play on a road where traffic is frequent and caregivers of infants (referring to persons who are younger than 6 years of age) shall not allow any infant in their care to walk alone the road in which the traffic is frequent. |
| (2) | Caregivers of blind persons (including persons corresponding thereto; hereinafter the same shall apply) shall require the blind to each carry a white cane when they walk the road and get a guide dog that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs (hereinafter referred to as a"guide dog") to accompany each blind person. |
| (3) | Caregivers of children shall, when a child in their care rides a bicycleon a road, other than a road referred to in the provisions of paragraph (1) in which the traffic is frequent or ride a mobile play apparatus that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs as being significantly dangerous, get each child in their care to wear life protection outfits that are prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs in order to ensure the safety of such children. |
| (4) | Police officers shall, when a physically handicapped person requests for help or it is deemed necessary to help them when they walk or cross the road, take necessary measures to ensure their safe passage along the road or their safe crossing of the road. |
| (5) | Police officers shall, when they find a person falling under any of the following items, take appropriate measures to ensure that person‘s safety:<Amended by Act No. 7936, Apr. 28, 2006> |
| 1. | Children who are playing on a road on which traffic is frequent; |
| 2. | Infants who are walking the road without the presence of their caregivers; |
| 3. | The blind who are walking without holding white canes and without being accompanied by guide dogs; and |
| 4. | The aged who find it difficult to walk the road or the crosswalk in which the traffic is frequent. |
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| Article 12 (Designation and Management of Protective Areas for Children) |
| (1) | When it is deemed necessary to protect children from the danger of traffic accidents, the mayor, etc. may take measures necessary to prohibit or restrict the traffic of motor vehicles after designating certain sections as protective areas for children from among roads in and around the establishments falling under either of the following subparagraphs: |
| 2. | Infant-care establishments that are designated by the Ordinance of the Ministry of Government Administration and Home Affairs among infant-care establishments provided for in the provisions of Article 10 of the Infant Care Act. |
| (2) | Necessary matters concerning procedures and standards for designating protective areas for children referred to in the provisions of paragraph (1) shall be prescribed by the Joint Ordinances of the Ministry of Education and Human Resources Development, the Ministry of Government Administration and Home Affairs and the Ministry of Construction and Transportation. |
| (3) | While passing through the road, drivers of motor vehicles and riders of horses shall abide by the measures referred to in the provisions of paragraph (1) and shall pay attention to the safety of children in the protective areas. |
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| Article 12-2 (Designation and Management of Protection Area for Aged) |
| (1) | The mayor, etc. may, when deeming necessary to protect the aged from the danger of traffic accident, take necessary measures to prohibit or restrict the traffic of motor vehicles and horses by designating a certain section of the road around the establishments that are designatedby the Ordinance of the Ministry of Government Administration and Home Affairs as the protection area for the aged among the welfare establishment for the aged provided for in the provisions of Article 31 of the Welfare of the Aged Act. |
| (2) | Necessary matters concerning procedures and standards, etc. for designating the protection area for the aged referred to in the provisions of paragraph (1) shall be jointly prescribed by the Ordinance of the Ministry of Health and Welfare, the Ordinance of the Ministry of Government Administration and Home Affairs and the Ordinance of the Construction and Transportation. |
| (3) | Drivers of motor vehicles and riders of horses shall abide by the measures referred to in the provisions of paragraph (1) in the protection area for the aged and drive their motor vehicles and ride their horses while paying attention to the safety of the aged. |
[This Article Newly Inserted by Act No. 7936, Apr. 28, 2006]
CHAPTER III WAYS FOR MOTOR VEHICLES AND HORSES TO PASS THROUGH ROADWAYS
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| Article 13 (Motor Vehicle and Horse Traffic) |
| (1) | Drivers of motor vehicles and riders of horses shall travel along the roadway on the roads that are divided by a sidewalk and a roadway:Provided, That when they drive motor vehicles or ride horses into and out of any place other than a road, they may cross the sidewalk. |
| (2) | In cases of the proviso to paragraph (1), drivers of motor vehicles and riders of horses shall cross the sidewalk in a manner that does not impede pedestrian traffic after stopping temporarily in order to look outthe part, etc. to the left and right side of the sidewalk immediately before crossing such sidewalk. |
| (3) | Drivers of motor vehicles and riders of horses shall travel along the part of the road (referring to the roadway in cases where the road is divided into a sidewalk and a roadway) that is to the right of the centerline (referring to the median lane in cases where a median lane is marked; hereafter the same shall apply) of the road. |
| (4) | The drivers of motor vehicles and the riders of horses may pass along the center or the left-hand side of the road in cases falling under any of the following subparagraphs, notwithstanding the provisions of paragraph (3): |
| 1. | Where the road is for one-way traffic; |
| 2. | Where it is impossible for motor vehicles and horses to pass along the right-hand side of the road due to damage to the road, road construction, and other impediments; |
| 3. | Where it is intended to overtake other motor vehicles driving ahead of it on a road, the width of the right-hand side of which is not more than 6 meters:Provided, That the same shall not apply to cases falling under any of the following items: |
| (a) | Where it is impossible to confirm the right-hand side of the road; |
| (b) | Where it is feared to impede the traffic approaching from the opposite direction; or |
| (c) | Where safety signs, etc. prohibit or restrict the passing of other motor vehicles driving ahead of it; |
| 4. | Where the width of the right-hand side of the road is not wide enough for the traffic of motor vehicles and horses; or |
| 5. | Where the Commissioner of the Local Police Agency finds it necessary to designate any section and traffic methods in order to prevent danger to traffic at the bend of a steeply sloping road and that motor vehicles and horses pass along according to such designation. |
| (5) | The drivers of motor vehicles and the riders of horses shall be prohibited from passing into any safety area and any place, etc. access to which is prohibited by safety signs. |
| (6) | Bicycle riders shall cycle along a bicycle track in any place where such bicycle track exists. |
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| Article 14 (Opening of Roadways, etc.) |
| (1) | The Commissioner of the Local Police Agency may, when it is deemednecessary to ensure the smooth flow of traffic of motor vehicles and horses,open a roadway that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs on the road. In this case, the Commissioner of the Local Police Agency may mark up a reversible lane with signal apparatus to instruct the direction of the move on anyroad in which the traffic volume of both directions varies greatly according to time, in order to optimize the number of lanes available for the direction with the greatest traffic volume. |
| (2) | Drivers of motor vehicles and riders of horses shall pass along the lane that is marked on a road, except in cases where this Act prescribes special provisions governing such lane or an order is given with respect to the lane pursuant to this Act:Provided, That when the Commissioner of the Local Police Agency designates means for traffic otherwise, drivers of motor vehicles and riders of horse shall pass through the lane ac cording to such designated means. |
| (3) | In cases where it is intended to travel along a road in which the lane is marked and the width of any motor vehicle is wider than that of a lane prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs and that it is feared to impede the safe and smooth flow of traffic, the driver of such motor vehicle shall be prohibited from travel along such road:Provided, That the same shall not apply to cases where the driver of any motor vehicle obtains permission therefor from the head of the police station having jurisdiction over the place of his/her departure under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (4) | Drivers of motor vehicles and riders of horses shall be prohibited from changing their routes on the road in which any change in route is expressly prohibited by safety signs:Provided, That the same shall not apply to cases where obstacles exist due to any damaged road or any road works, etc. |
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| Article 15 (Marking of Exclusive Lanes) |
| (1) | The mayor, etc. may, when it is particularly necessary to ensure the smooth flow of traffic, mark exclusive lanes (referring to lanes over which only motor vehicles designated according to type and the number of persons aboard them may run) on the road after consulting with the Commissioner of the Local Police Agency or the head of the police station with regard thereto. |
| (2) | Necessary matters concerning kinds of exclusive lanes, motor vehicles that are permitted to travel along exclusive lanes and the operation of exclusive lanes shall be prescribed by the Presidential Decree. |
| (3) | Any motor vehicle that is not a motor vehicle permitted to travel along an exclusive lane pursuant to the provisions of paragraph (2) shall be prohibited from traveling along such exclusive lanes:Provided, That the same shall apply to cases where any emergency motor vehicle travels along the exclusive lane for emergency purposes and other cases prescribed by the Presidential Decree. |
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| Article 16 (Priority Order of Traffic) |
| (1) | Motor vehicles and horses shall travel according to the priority order falling under each of the following subparagraphs: |
| 1. | Emergency motor vehicles; |
| 2. | Motor vehicles other than emergency motor vehicles; |
| 4. | Motor vehicles and horses other than motor vehicles and motorcycles. |
| (2) | The priority order of traffic among motor vehicles other than emergency motor vehicles referred to in the provisions of paragraph (1) 2 shall be determined by the ranking of the highest speed that is determinedby the Ordinance of the Ministry of Government Administration and HomeAffairs pursuant to the provisions of Article 17 (1):Provided, That whenmotor vehicles other than emergency motor vehicles travelvis-a-viswith each other on a narrow road, the motor vehicle that falls under the classification set out under either of the following subpargraphs shall pull over to the edge of the right-hand side of the road in order to open the way for other motor vehicles traveling from the opposition direction: |
| 1. | In cases where motor vehicles are traveling in opposite directions to each other on a sloping and narrow road, the inclining motor vehicle; and |
| 2. | In cases where any motor vehicle loaded with persons or goods and any other empty motor vehicle are traveling in line with each other on a narrow road other than a sloping and narrow road, the more empty motor vehicle. |
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| Article 17 (Speeds of Motor Vehicles) |
| (1) | In cases where motor vehicles, etc. run on the road, their speeds shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (2) | When it is deemed necessary to prevent dangers and ensure the safe and smooth flow of traffic on the road, the Commissioner of the Local Police Agency may designate zones or sections in which the speeds referred to in the provisions of paragraph (1) are restricted. |
| (3) | Drivers of motor vehicles shall be prohibited from driving any motor vehicles at a speed above the maximum speed limit or at a speed below the minimum speed limit referred to in the provisions of paragraphs (1)and (2):Provided, That the same shall not apply to cases where the driver of any motor vehicle drives a motor vehicle at a speed below the minimum speed limit on the grounds of traffic congestion and inevitability. |
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| Article 18 (Prohibition on Road Crossing, etc.) |
| (1) | Drivers of motor vehicles and the riders of horses shall, when it is feared to impede the normal flow of traffic of other motor vehicles and horses, be prohibited from crossing the road, making a U-turn or moving backward. |
| (2) | The Commissioner of the Local Police Agency may, when it is deemed especially necessary to prevent danger and ensure the safe and smooth flow of traffic on the road, by designating any section of the road where it is prohibited for motor vehicles and horses to cross the road, making a U-turn or moving backward. |
| (3) | Drivers of motor vehicles and riders of horses shall, when they intend to enter the road from buildings, parking lots, etc., first stop their motor vehicles and their horses, confirm the safety of such actions and proceed slowly driving the motor vehicles and riding horses. |
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| Article 19 (Maintaining of Safe Distance, etc.) |
| (1) | The driver of any motor vehicle shall, when the motor vehicle is traveling behind any other motor vehicle traveling in the same direction,maintain a distance necessary to avoid any collision with the motor vehicle traveling ahead of it. |
| (2) | No driver of any motor vehicle shall change course when it is feared to impede the normal traffic of other motor vehicle running in the direction to which he/she intends to change his/her route. |
| (3) | No driver of any motor vehicle shall apply the brake in order to abruptly stop the motor vehicle or reduce the speed of the motor vehicleexcept in cases where intending to prevent any danger and on the grounds of inevitability. |
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| Article 20 (Obligations to Yield Routes) |
| (1) | The driver of every motor vehicle (excluding emergency motor ve hicles) shall, in cases where the motor vehicle is followed by any other motor vehicle having a higher order in the priority order of traffic, yieldthe way for the following motor vehicle by driving the motor vehicle along the right edge of the road:Provided, That the same shall not apply to a road with a separate passing lane for traffic is made. |
| (2) | The driver of any motor vehicle shall, when the motor vehicle is followed by any other motor vehicle having the same priority order of traffic provided for in the provisions of Article 16 or having a lower order and the driver intends to drive the motor vehicle at a speed slower than that of the following motor vehicle, yield the way by pulling over to the edge of the left-hand side of the road. |
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| Article 21 (Means of Overtaking) |
| (1) | The driver of any motor vehicle shall, when intending to pass another motor vehicle traveling ahead of it, drive the motor vehicle along the left-hand side of the other motor vehicle. |
| (2) | In cases of paragraph (1), the driver of any motor vehicle who intends to pass another motor vehicle traveling ahead of it shall pay full attention to the traffic of the opposite direction and the left-hand side traffic of the motor vehicle running ahead of it, and shall pass the other motor vehicle traveling ahead of it at a safe speed and in a safe manner by using the direction indictors, lights or horn, etc. according to the speed and route of the motor vehicle traveling ahead of it and the road conditions. |
| (3) | The driver of any motor vehicle shall, when another motor vehicle is attempting to overtake that motor vehicle in the manner provided for in the provisions of paragraphs (1) and (2) or Article 60 (2), not impede the other motor vehicle that is trying to overtake the motor vehicle by competing with that other motor vehicle by driving at a higher speed or blocking that other motor vehicle trying to overtake the motor vehicle in front of it. |
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| Article 22 (Time and Place of Prohibition on Overtaking) |
| (1) | The driver of any motor vehicle shall be prohibited from passing anothermotor vehicle running ahead of it in cases falling under either of the following subparagraphs: |
| 1. | Where another motor vehicle is traveling along on the left-hand side of the motor vehicle running ahead of it; or |
| 2. | Where the motor vehicle running ahead is passing another motor vehicle or intends to pass another motor vehicle. |
| (2) | The driver of any motor vehicle shall be prohibited from overtakinganother motor vehicle that stops or travels slowly in compliance with this Act, any order given pursuant to this Act or instructions given by police officers, in order to prevent danger. |
| (3) | The driver of any motor vehicle shall be prohibited from passing anothermotor vehicle running ahead of it at any of the points falling under the following subparagraphs: |
| 3. | The surface of any bridge; and |
| 4. | The bend of a road, the area in the vicinity of the summit of the sloping road or the decline of a steeply sloping road, etc, that are recognized by the Commissioner of the Local Police Agency as being necessary to prevent danger on the road and ensure the safe and smooth flow of traffic, and are also designated by safety signs. |
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| Article 23 (Prohibition on Cutting In) |
The driver of any motor vehicle shall be prohibited from cutting in another motor vehicle that stops or travels slowly in compliance with this Act, any order given pursuant to this Act and instructions given by police officers in order to prevent dangers.
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| Article 24 (Crossing of Railroad Crossing) |
| (1) | The driver of any motor vehicle shall, when intending to cross a railroadcrossing (hereinafter referred to as a"railroad crossing"), temporarily stop in front of the railroad crossing and then cross the railroad crossing after confirming whether it is safe to cross:Provided, That the drivermay cross the railroad crossing according to signals conveyed by the signal apparatus without temporarily stopping in front of the railroad crossing. |
| (2) | The driver of any motor vehicle shall be prohibited from attempting to cross a railroad crossing when the crossing arm is lowered or is about to be lowered or the alarm system is sounding. |
| (3) | The driver of any motor vehicle shall, when unable to drive the motor vehicle off the railroad crossing on the grounds of mechanical breakdown, etc. while crossing the railroad crossing, request without delay the passengers to exit the motor vehicle for a safe place and then notify railroad officials and police officers thereof by using the emergency signal apparatus, etc. and other available means. |
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| Article 25 (Means of Passing through Intersections) |
| (1) | The driver of any motor vehicle shall, when intending to make a right-hand turn at an intersection, turn to the right and slowly drive the motor vehicle along the right-hand side of the road. |
| (2) | The driver of any motor vehicle shall, when intending to make a lefthand turn at an intersection, turn to the left by using the inside of the center of the intersection while driving the motor vehicle through the median lane of the road:Provided, That in places recognized as beingespecially necessary by the Commissioner of the Local Police Agency, taking into account the traffic conditions of the intersection, the driver of any motor vehicle may pass through the intersection along the outside of the center thereof. |
| (3) | In cases where the driver of any motor vehicle sends a signal by using the hand, the direction indicators or lights in order to make a rightor left-hand turn pursuant to the provisions of paragraph (1) or (2), the driver of any motor vehicle following the motor vehicle that sends the signal shall not impede the passage of the latter. |
| (4) | No driver of any motor vehicle shall drive the motor vehicle into the intersection when intending to drive the motor vehicle into the intersection (in cases where a stoppage line is marked, refers to the part of such stoppage line that is crossed) where the traffic is controlled by signal apparatus and he/she finds it necessary to stop the motor vehicle due to there being another motor vehicle in front of his/her route and stopping the motor vehicle is feared to impede the traffic of other motor vehicles. |
| (5) | The driver of any motor vehicle shall, when intending to drive the motor vehicle into the intersection where the traffic is not controlled but safety signs indicating a temporary stop or yield are functioning, temporarily stop or yield in order not to impede the traffic flow of other motor vehicles. |
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| Article 26 (Yield Drive at Intersection Where Traffic Is Not Controlled) |
| (1) | The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall, when any other motor vehicle is already traveling through the intersection, give way for the other motor vehicle. |
| (2) | The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall, in cases where the width of the intersection is wider than the width of the road on which the motor vehicle is traveling, drive the motor vehicle slowly and in cases where another motor vehicle is trying to enter the intersection from a road, the width of which is wider than that of the intersection, give way for the other motor vehicle. |
| (3) | When motor vehicles that are in the same priority order intend to enter into an intersection where traffic is not controlled, the route shall be yielded to any motor vehicle that is traveling on the right-hand side of the road. |
| (4) | The driver of any motor vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall, when any other motor vehicle intends to proceed straight through or make a right-hand, give way to other motor vehicle. |
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| Article 27 (Protection of Pedestrians) |
| (1) | The driver of any motor vehicle shall, when pedestrians are passing along the crosswalk, temporarily stop in front of the crosswalk (if the stoppage line is marked on the crosswalk, refers to the stoppage line) so as not to impede their passage or endanger them. |
| (2) | No driver of any motor vehicle shall impede the traffic of pedestrians crossing the road according to the signal apparatus and signals or instructions given by police officers in cases where the driver intends to make a leftor right-hand turn to the right at the intersection where traffic is controlled. |
| (3) | No driver of any motor vehicle shall impede the traffic of pedestrians crossing the intersection or the road in the vicinity of the intersection where traffic is controlled. |
| (4) | The driver of any motor vehicle shall drive the motor vehicle slowlywhile maintaining a safe distance in cases where pedestrians are passing through a safety zone that is set up on the road and his/her motor vehicle passes by pedestrians on the narrow road on which the lane for motor vehicles is not drawn. |
| (5) | The driver of any motor vehicle shall, when the motor vehicle is crossing the road on which a crosswalk is not opened pursuant to the provisions of Article 10 (3), temporarily stop the motor vehicle while maintaining a safe distance in order for pedestrians to safely cross the road. |
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| Article 28 (Opening of Exclusive Roads for Pedestrians) |
| (1) | The Commissioner of the Local Police Agency and the head of any police station may, when it is deemed especially necessary to protect the traffic of pedestrians, open an exclusive road for pedestrians on the road. |
| (2) | The drivers of motor vehicles and the riders of horses shall be prohibited from passing through the exclusive road for pedestrians referredto in the provisions of paragraph (1):Provided, That when it is especially deemed necessary, the Commissioner of the Local Police Agency and thehead of any police station may permit drivers of motor vehicles and riders of horses to pass through an exclusive road for pedestrians. |
| (3) | Drivers of motor vehicles and riders of horses who are permitted to pass through an exclusive road for pedestrians shall drive their motor vehicles and ride their horses at the walking speed of pedestrians or temporarily stop so as not to endanger pedestrians or impede the traffic of pedestrians. |
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| Article 29 (Priority Traffic of Emergency Motor Vehicles) |
| (1) | Any emergency motor vehicle may pass through the center or the left-hand side of the road on the grounds of emergency or inevitability, notwithstanding the provisions of Article 13 (3). |
| (2) | No emergency motor vehicle may stop on the grounds of emergency or inevitability, notwithstanding cases in which it is required to stop in compliance with this Act or any order given pursuant to this Act. |
| (3) | In the case of paragraph (1) or (2), the driver of any emergency motor vehicle shall drive the emergency motor vehicle while paying particular attention to the safety of traffic. |
| (4) | The driver of any motor vehicle shall, when any emergency motor vehicle is approaching the intersection or in the vicinity of the intersection, pull away from the intersection to temporarily stop on the righthand edge of the road:Provided, That in cases where the act of pulling over to the right-hand side of a road that is for one-way traffic impedes the traffic flow of the emergency motor vehicle, the driver of any motor vehicle may pull over to the left edge of the road to temporarily stop. |
| (5) | When any emergency motor vehicle is approaching a place other than the place referred to in the provisions of paragraph (4), the driver of any motor vehicle shall pull over to the right-hand edge of the road to give way therefor:Provided, That when the act of pulling over to the righthand edge of a road that is for one-way traffic impedes the traffic flow of emergency motor vehicles, the driver of any motor vehicle may pull over to the left-hand edge of the road to give way. |
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| Article 30 (Special Case of Emergency Motor Vehicles) |
Matters falling under any of the following subparagraphs shall not apply to emergency motor vehicles:
| 1. | Restrictions on the speed of motor vehicles provided for in the provisions of Article 17: Provided, That in cases where the provisions of the same Article restrict the speed of emergency motor vehicles, the provisions of the same Article shall apply to emergency motor vehicles; |
| 2. | Prohibition on the act of overtaking any other motor vehicle provided for in the provisions of Article 22; and |
| 3. | Prohibition on the act of cutting in front of other motor vehicles provided for in the provisions of Article 23. |
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| Article 31 (Places for Motor Vehicles to Travel Slowly or Temporarily Stop) |
| (1) | The driver of any motor vehicle shall slowly drive the motor vehicle in any place falling any of the following subparagraphs: |
| 1. | An intersection where traffic is not controlled; |
| 2. | At the vicinity of a bend in the road; |
| 3. | At the vicinity of the summit of a sloping road; |
| 4. | The decline of a steeply sloping road; and |
| 5. | A place that is designated by safety signs by the Commissioner of the Local Police Agency after recognizing such place as being necessary to prevent danger on the road and ensure the safe and smooth flow of traffic. |
| (2) | The driver of any motor vehicle shall temporarily stop in the place falling under either of the following subparagraphs: |
| 1. | An intersection where traffic is not controlled, it is impossible to view the left and the right or the traffic is heavy; and |
| 2. | A place designated by safety signs by the Commissioner of the Local Police Agency after recognizing such place as being necessary to prevent dangers on the road and ensure the safe and smooth flow of traffic. |
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| Article 32 (Prohibition on Stopping and Parking Motor Vehicles) |
The driver of any motor vehicle shall be prohibited from stopping or parking a motor vehicle in any place falling under any of the following subparagraphs:Provided, That the same shall not apply to cases where the driver of any motor vehicle temporarily stops his/her motor vehicle in compliance with this Act, any order given pursuant to this Act or instructions given by police officers in order to prevent danger:
| 1. | An intersection, crosswalk, road crossing, the sidewalk of a road that is divided into a sidewalk and a roadway (excluding any road parking area that is established across both a roadway and sidewalk); |
| 2. | A place that is located within 5 meters from the edge of an intersection or the corner of a road; |
| 3. | A place that is located within 10 meters from any side of a safety zone on a road marked with a safety zone; |
| 4. | A place that is located within 10 meters from where any pillar, any board or any line indicating a bus stop is located or marked:Provided, That the same shall not apply to cases where any bus driver stops or parks a bus in order for passengers to board or alight from the bus at any bus stop located along the service route during service hours; |
| 5. | A place that is located within 10 meters from the edge of a road crossing or crosswalk; and |
| 6. | A place that is designated by the Commissioner of the Local Police Agency as being necessary to prevent danger on the road and ensure the safety and the smooth flow of traffic of the road. |
법령 이단보기
| Article 33 (Places Where Parking Motor Vehicles Is Prohibited) |
The driver of any motor vehicle shall be prohibited from parking a motor vehicle in any place falling under any of the following subparagraphs:
| 1. | The inside of a tunnel and on a bridge; |
| 2. | A place that is located within 3 meters from a fire alarm box; and |
| 3. | A place that is located within 5 meters from a place falling under any of the following items: |
| (a) | A place where fire-fighting machinery and appliances are kept; |
| (b) | A fire-fighting or fire-prevention water tank; |
| (c) | A hole in which a fire hydrant or an absorbtion tube or absorbtion muzzle of a fire-fighting and fire-prevention tank is housed; and |
| (d) | In cases where any road works are under way, both edges of theworking area; and |
| 4. | A place that is designated by the Commissioner of the Local Police Agency as being necessary to prevent danger on the road and ensure the safe and smooth flow of traffic. |
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| Article 34 (Ways to Stop and Park Motor Vehicles and Restrictions on Timing) |
When the driver of any motor vehicle intends to stop or park a motor vehicle on a road or road-side parking area, he/she shall stop the motor vehicle on the right-hand edge of the roadway and observe ways to stop and park the motor vehicle, the timing and prohibited matters, etc, that are prescribed by the Presidential Decree.
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| Article 35 (Measures against Violation of Motor Vehicle Parking) |
| (1) | When any motor vehicle is parked in violation of the provisions of Article 32, 33 or 34 is feared to cause danger to traffic or impede the flow of traffic, any police officer or any public official who is appointed by the mayor, etc. (hereinafter referred to as a"Si/Gunpublic official") may order the driver of the relevant motor vehicle or the person in charge of management to change the way in which such motor vehicle is parked or to relocate the parked motor vehicle to another place. |
| (2) | In the case of paragraph (1), the head of a police station or the mayor, etc. may, when the driver of the motor vehicle or the person in change of management is absent from the location, change the way in which the motor vehicle is parked or take measure necessary to change the way in which the motor vehicle is parked in order to prevent danger on the road and ensure the safe and smooth flow of traffic within the necessary limit or relocate the motor vehicle to a place that is designated by the head of police station having jurisdiction over that place, the head of police station or the mayor, etc. |
| (3) | In cases where the motor vehicle that is parked in violation of the manner of parking referred to in the provisions of paragraph (2) is relocated to a place that is designated by the head of police station having jurisdiction over that place, the head of police station or the mayor, etc. shall keep the motor vehicle in custody with the duty of due care of a good manager's and notify without delay the user of the motor vehicle (referring to the owner or the person who is entrusted by the owner to manage the motor vehicle) or the driver of the motor vehicle of such fact and take measures necessary to return the motor vehicle. |
| (4) | In the case of paragraph (3), when it is impossible to identify the name and domicile of the user of the motor vehicle or the driver of the motor vehicle, the relocation shall be published in a manner that is prescribed by the Presidential Decree. |
| (5) | Notwithstanding the measure and the publication that are necessary to return the motor vehicle pursuant to the provisions of paragraphs (3) and (4), when the user of the motor vehicle or the driver of the motor vehicle fails to request the return of the motor vehicle within one month from the date on which such measure or publication is made, the head of police station or the mayor, etc. may sell or scrap the relevant motor vehicle under the conditions as prescribed by the Presidential Decree. |
| (6) | Expenses that are incurred by the relocation, custody, publication, sale or scrapping, etc. of the motor vehicle that violates the manner of parking shall be borne by the user of the motor vehicle. In this case, the provisions of Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply to the collection of such expenses. |
| (7) | In cases where the motor vehicle is sold or scrapped pursuant to theprovisions of paragraph (5), any balance that remains after appropriating the expenses that are required to relocate, keep, publish, sell and scrap the motor vehicle shall be paid to the user of the motor vehicle:Provided, That in cases where it is impossible to pay the balance to the user of the motor vehicle, the balance shall be deposited pursuant to the Deposit Act. |
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| Article 36 (Performance of Work of Towing and Keeping Motor Vehicles by Proxy) |
| (1) | The head of police station or the mayor, etc. may get any corporation, any organization and any individual (hereinafter referred to as a"corporation, etc.") meeting the qualifications including manpower, facilitiesand equipment, etc. necessary to perform all or part of the work of towing, keeping and returning motor vehicles that are towed by proxy pursuant to the provisions of Article 35. |
| (2) | The requirements of the manpower, facilities and equipment, etc. thatmust be met by any corporation that performs the work of towing, keeping and returning motor vehicles by proxy pursuant to the provisions of paragraph (1) and other matters concerning the performance of work by proxy shall be prescribed by the Presidential Decree. |
| (3) | The head of police station or the mayor, etc. may, in cases where having the work of towing, keeping and returning motor vehicles per formed by proxy under paragraph (1), may order measures to be taken and education to be conducted, which are necessary to perform the work. |
| (4) | The officers and employees in charge of any corporation that performsthe work of towing, keeping and returning motor vehicles by proxy pursuant to the provisions of paragraph (1) shall be deemed public officials in the application of the provisions of Articles 129 through 132 of the Criminal Act. |
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| Article 37 (Motor Vehicle Lights) |
| (1) | The driver of any motor vehicle shall keep its headlights, sidelights, taillights and other lights alight in the conditions prescribed by the Presidential Decree in cases falling under any of the following subparagraphs: |
| 1. | Where the driver stops or parks the motor vehicle due to breakdown or other inevitable grounds when he/she drives his/her motor vehicle at night (referring to the time period ranging from sunset to sunrise; hereafter the same shall apply); and |
| 2. | Where the driver stops or parks the motor vehicle on the road due to breakdown or inevitability when finding it impossible to confirm obstacles 100 meters ahead due to fog, heavy rain, heavy snowfall, etc. while driving the motor vehicle on the road. |
| (2) | The driver of any motor vehicle shall, in cases where the motor vehicle runs head on with any other motor vehicle or travels just behind any other motor vehicle traveling ahead of it at night, take measures to reduce the brightness of its lights or temporarily turn off its lights under the conditions prescribed by the Presidential Decree. |
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| Article 38 (Signals of Motor Vehicles) |
| (1) | The driver of any motor vehicle shall, when intending to turn to the right or the left, cross a road, make a U-turn, drive the motor vehicle slowly, stop the motor vehicle, drive the motor vehicle in reverse, change course while driving the motor vehicle in the same direction, convey hand signals, use its direction indicators or lights until completing ends such acts. |
| (2) | The timing for, and manner of conveying signals referred to in the provisions of paragraph (1) shall be prescribed by the Presidential Decree. |
법령 이단보기
| Article 39 (Ways of, and Restrictions on Boarding or Loading) |
| (1) | The driver of any motor vehicle shall be prohibited from driving a motor vehicle after allwing passengers to board or freight to be loaded in excess of the traffic safety standards set by the Presidential Decreegoverning the number of passengers, loading weight and loading capacity:Provided, That the same shall not apply to cases where permission therefor is obtained from the head of police station having jurisdiction over the place of departure. |
| (2) | The driver of any motor vehicle shall take measures necessary to correctly open and close the doors of the motor vehicle in order to prevent passengers aboard, boarding or alighting his/her motor vehicle from falling out of the motor vehicle while driving the motor vehicle. |
| (3) | The driver of any motor vehicle shall take measures necessary to have loaded freight covered and fastened in order to prevent it from falling off while driving his/her motor vehicle. |
| (4) | The driver of any motor vehicle shall be prohibited from driving any motor vehicle while holding any animal or any infant in his/her arms or carrying articles in his/her seat that are feared to impede the safety of the motor vehicle. |
| (5) | When it is deemed necessary to prevent dangers on the road and ensure the safe and smooth flow of traffic, the Commissioner of the Local Police Agency may get the driver of any motor vehicle to restrict the number of passengers aboard, the weight loaded and the loading capacity. |
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| Article 40 (Prohibition on Driving Motor Vehicles in Poor Repair) |
The user, the person in charge of maintenance or the driver of any motor vehicle shall be prohibited from allowing anyone to drive or from driving any motor vehicle, the mechanisms of which are not maintained incompliance with an order given pursuant to the Automobile Management Act, the Construction Machinery Management Act and this Act (hereinafter referred to as the"poorly repaired motor vehicle").
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| Article 41 (Checks of Motor Vehicles, etc.) |
| (1) | When any motor vehicle that is deemed poorly repaired is traveling, police officers may first stop the motor vehicle and then request the driver of such motor vehicle to produce the motor vehicle registration certificate or the driver's license and check its mechanisms. |
| (2) | When any motor vehicle is found to be poorly repaired as a result of the check referred to in the provisions of paragraph (1), police officers may get the driver of the motor vehicle to drive the motor vehicle after taking emergency measures according to the extent of its poor maintenance or get the driver to continue to drive this motor vehicle after determining the section and the traffic route and laying down conditions necessary to prevent dangers taking into account the condition of traffic. |
| (3) | When the state of maintenance of any motor vehicle is very poor and the motor vehicle is feared to cause danger, the Commissioner of the Local Police Agency may keep the motor vehicle registration certificate of the motor vehicle in custody and order the driver of the motor vehicle to temporarily stop, notwithstanding the provisions of paragraph (2). In these cases, if it is deemed necessary the Commissioner of the Local Police Agency may set a maintenance period within the scope of not over 10 days and order the suspension of the use of the motor vehicle during the maintenance period. |
| (4) | Necessary matters concerning the check and the suspension referred to in the provisions of paragraphs (1) through (3) shall be prescribed by the Presidential Decree. |
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| Article 42 (Restrictions on Similar Signs and Prohibition on Driving MotorVehicles) |
| (1) | No one shall drive any motor vehicle similar to a motor vehicle used to patrol traffic, a motor vehicle used to investigate crimes or an emergency motor vehicle, make paintwork and markings that cause abhorance or drive any motor vehicle, etc. marked with such paintwork, markings, etc. |
| (2) | The scope of paintwork, markings, etc. that are restricted pursuant to the provisions of paragraph (1) shall be prescribed by the Presidential Decree. |
CHAPTER IV OBLIGATIONS OF DRIVERS AND EMPLOYERS, ETC.
법령 이단보기
| Article 43 (Prohibition on Driving Motor Vehicle without Driver's License) |
Anyone who does not obtain their own driver's licence from the Commissioner of the Local Police Agency pursuant to the provisions of Article 80 or anyone who holds a driver's license, the effect of which is suspended shall be prohibited from driving any motor vehicle.
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| Article 44 (Prohibition on Driving Motor Vehicle While Intoxicated) |
| (2) | When it is deemed necessary to ensure the safety of traffic and prevent danger and anyone is evidently deemed to be driving a motor vehicle, etc. while intoxicated, police officers (excluding any autonomous police of ficer; hereafter the same shall apply in this paragraph) may require him to take a breath test in order to determine whether that person is intoxicated. In such cases, the driver shall comply with the breath test that is required by any police officer.<Amended by Act No. 7969, Jul. 19, 2006> |
| (3) | With respect to any driver who refuses to accept the result of a breath test so conducted to determine whether he/she is drunk pursuant to the provisions of paragraph (2), a second test of the driver may be conducted using the driver's blood collected after obtaining the driver's consent therefor. |
| (4) | The threshold for the state of intoxication at which anyone is prohibited from driving a motor vehicle pursuant to the provisions of paragraph (1) shall be not less than 0.05 percent of blood-alcohol concentration. |
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| Article 45 (Prohibition on Driving Motor Vehicles on Grounds of Overwork) |
The driver of any motor vehicle shall be prohibited from driving a motor vehicle in a state that makes it impossible for him/her to drive a motor vehicle normally on the grounds of the impact of overwork, sickness or the influence of drugs (referring to narcotics, marijuana, psychotropic drugs and others that are prescribed by the Ordinance of the Ministryof Government Administration and Home Affairs; hereafter the same shallapply) or on other grounds.
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| Article 46 (Prohibition on Dangerous Collective Conduct) |
The drivers of two or more motor vehicles shall be prohibited from driving their motor vehicles in line front and rear or side by side without justifiable grounds, in a manner that endangers other persons and causes danger to traffic.
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| Article 47 (Measures to Prevent Danger) |
| (1) | When the driver of any motor vehicle is deemed to be driving his/her motor vehicle in violation of the provisions of Articles 43 through 45, police officers may first stop the motor vehicle and then ask the driver of such motor vehicle to produce his/her driver's license (hereinafter referred to as"driver's license"). |
| (2) | With respect to anyone who drives his/her motor vehicle, etc. in violation of the provisions of Articles 44 and 45, police officers may order the driver of the motor vehicle to stop driving the motor vehicle until the point at which he/she is able to drive normally a motor vehicle and take other necessary measures against the driver. |
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| Article 48 (Obligations of Drivers to Drive Motor Vehicles Safely) |
The driver of any motor vehicle shall correctly operate the steering system, brakes and other devices of his/her motor vehicle and shall be prohibited from driving his/her motor vehicle at a speed and in a manner that endangers and impedes other persons according to the traffic conditions of the relevant road and the structure and performance of his/her motor vehicle.
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| Article 49 (Matters to Be Observed by Any Driver) |
| (1) | The driver of any motor vehicle shall observe the matters falling under each of the following subparagraphs: |
| 1. | A driver shall not cause harm to other persons when driving any motor vehicle on any water puddle by splashing those persons with muddy water; |
| 2. | In the events falling under each of the following items, the driver of any motor vehicle shall temporarily stop the motor vehicle: |
| (a) | When there is a danger of a traffic accident involving children such as when children are crossing the road unaccompanied by their caregivers, when children are sitting, standing or playing on the road; |
| (b) | When a blind person who holds a white cane or is accompanied by a guide dog is crossing the road; and |
| (c) | When physically handicapped persons, who are unable to use road-crossing facilities such as an underpass and an overpass, arecrossing the road; |
| 3. | A driver shall not drive a motor vehicle, shade of front windscreen and front left and right glass windows (including the rear window glasses in the case of the passenger car) of which are so opaque that they impede the safe flow of traffic and whose light transmission ratio of visible light falling short of the standards set by the Presidential Decree:Provided, That motor vehicles used by security guards for key figures, ambulances and funeral motor vehicles shall be excluded; |
| 4. | A driver shall not drive any motor vehicle that is equipped with devices that make it possible to detect speed measuring devices or other apparatuses that make it possible to impede flow of traffic safety, which are not in conformity with the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs; |
| 5. | A driver shall not impede motor vehicle or horse traffic by engaging in any quarrel or dispute, etc. while parking his/her motor vehicle on the road; |
| 6. | A driver shall stop the engine and check the brakes thoroughly before leaving a driver's seat in order to maintain the motor vehicle in asafe state of parking and take measures necessary to prevent any other person from driving the motor vehicle without the driver's consent; |
| 7. | A driver shall not open the doors of the motor vehicle or get off the motor vehicle without confirming the safety of the motor vehicle and shall take measures necessary to prevent its passengers from causing any danger to traffic; |
| 8. | A driver shall not generate any noise that damages other persons by performing any act falling under any of the following items without justifiable grounds: |
| (a) | The act of starting any motor vehicle abruptly and accelerating any motor vehicle abruptly; |
| (b) | The act of increasing the motor's revolutions per minute without transmitting the power of the motor vehicle's motor to the wheels of the motor vehicle; and |
| (c) | The act of repeatedly or continuously sounding the horn; |
| 9. | No driver shall drive any motor vehicle in which passengers are engaged in any disorderly conduct including dancing, without restrictingsuch conduct thereof to the extent that such conduct impedes the driving of the motor vehicle; |
| 10. | No driver shall use a cell phone (including a car phone) while driving a motor vehicle:Provided, That the same shall not apply to cases falling under any of the following items: |
| (a) | Where the motor vehicle, etc, comes to a stop; |
| (b) | Where an emergency motor vehicle is being driven; |
| (c) | Where it is necessary to report without delay various kinds of crimesor any accident; and |
| (d) | Where any device prescribed by the Presidential Decree as not impeding the safe driving of any motor vehicle is being used; |
| 11. | No driver shall drive any motor vehicle loaded with freight containers while persons are sitting thereon; and |
| 12. | A driver shall follow matters that are designated and published by the Commissioner of the Local Police Agency who recognizes them as being necessary to maintain the safety and order of traffic. |
| (2) | When police officers find any motor vehicle that violates the provisions of paragraph (1) 3 and 4, they may require the driver of the motor vehicle in question to remove infringing matters on the spot or order him/ her to take necessary measures. When the driver fails to comply with the order, police officers may remove infringing matters and take other necessary measures. |
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| Article 50 (Matters to Be Observed by Specific Drivers) |
| (1) | The driver of any motor vehicle (excluding any two-wheeled vehicle) shall fasten the seat belt thereof while driving the motor vehicle and require any passenger seated beside the driver to fasten that passenger's seat belt (in cases of any infant, this refers to the seat belt after an infant safety harness is mounted):Provided, That the same shall not apply to cases where it is difficult to fasten the seat belt due to any illness, etc. that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (2) | The driver of any motor vehicle (excluding any two-wheeled vehicle)shall remind passengers, other than the passenger sitting beside the driver |
to fasten their seat belts. In the case of any passenger car, if any infant gets into the passenger car to take a seat, other than the seat beside the driver, the driver shall cause fasten such infant's seat belt.
| (3) | The driver of any two-wheeled vehicle and any motorcycle shall only drive it after wearing a safety harness prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs and shall require any other person riding thereon to wear such a safety harness. |
| (4) | The driver of any motor vehicle, including any motor vehicle used for transport business or a truck, etc. that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs shall be prohibited from performing any act falling under either of the following subparagraphs: |
| 1. | The act of driving any motor vehicle that is not equipped with a tachograph or is equipped with a tachograph that is unusable due to a malfunction; and |
| 2. | The act of driving any motor vehicle without using a tachograph for its original purpose. |
| (5) | The driver of any taxicab shall be prohibited from allowing additional passengers to ride that taxicab or from refusing to allow any person to get into that taxicab or from receiving any fare in excess of the fare that is reported. |
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| Article 51 (Special Protection of School Buses for Children) |
| (1) | When any school bus for children stops on the road and operates itsdevices including warning lamps, etc. indicating that children or infants are boarding or alighting such school bus, the driver of any motor vehicle that is traveling in the lane on which the school bus has parked and the driver of any other motor vehicle that is traveling in the lane just beside the former, shall temporarily stop in front of the school bus and then commence slowly driving the motor vehicle after confirming the safety of such movement. |
| (2) | In the case of paragraph (1), the driver of any motor vehicle that is traveling from the opposite direction a road along which no median line is marked or along a road the first of which is a one-way road shall temporarily stop the motor vehicle in front of the school bus and then slowly proceed driving the motor vehicle after confirming the safety of such movement. |
| (3) | The driver of any motor vehicle shall be prohibited from overtaking any school bus for children that is travelling along road while indicating that children or infants are abroad the school bus. |
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| Article 52 (Report, etc. on School Buses for Children) |
| (1) | When anyone who operates any bus used to transport children to school seeks to be eligible for the protection provided for in the provisions of Article 51, that person shall report such intention beforehand to the head of the competent police station and receive issue of a certificate of a completion of the report from the latter. |
| (2) | Anyone who operates any school bus for children shall always retain the certificate of completion of the report that is issued pursuant to the provisions of paragraph (1) inside each of such school buses. |
| (3) | Motor vehicles that can be reported as school buses for children shall be limited to motor vehicles that are prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. Such motor vehicles shall meet such requirements as paintwork, markings, current insurance policy and the relationship to owner, etc. that are prescribed by the Presidential Decree. |
| (4) | No one shall do paintwork and markings on any motor vehicle in themanner which are similar to those affixed to school buses without making a report thereon, and drive any motor vehicle with such paintwork and signs affixed. |
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| Article 53 (Obligations of Drivers and Operators of School Buses for Children) |
| (1) | The driver of any school bus for children shall operate the warning lamps, etc. provided for in the provisions of Article 51 (1) only in cases where children or infants board and alight from such school bus and shall make the indication provided for in the provisions of Article 51 (3) only in cases where that school bus is traveling with children and infants on board it. |
| (2) | The driver of any school bus shall start driving the school bus after confirming that of children and infants are seated and have arrived at a safe place including the sidewalk or the edge area of the road when they board or alight from the school bus. |
| (3) | The operator of any school bus for children shall arrange for a person who falls under each of the following subparagraphs, and is able to protect children and infants, to board a school bus for children with children and infants aboard: |
| 5. | A person who is nominated by the operator of any school bus for children. |
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| Article 54 (Measures Taken When Accidents Occur) |
| (1) | When any person is killed or injured or any goods is harmed by the traffic of any motor vehicle (hereinafter referred to as a"traffic accident"), the driver and the occupants (hereinafter referred to as the"driver, etc.") of the relevant motor vehicle shall immediately bring the motor vehicleto a stop and take measures necessary to provide assistance to casualties. |
| (2) | In the case of paragraph (1), when police officers are present on the scene, the driver, etc. of the motor vehicle shall report without delay the matters falling under each of the following subparagraphs to the police officers. When police officers are not present at the scene, the driver, etc. shall report the matters to the nearest state police station (including an area patrol unit, a police substation or a police detachment; hereafter the same shall apply):Provided, That the same shall not apply to a case where only the motor vehicle that is traveling is evidently damaged andnecessary measures are taken to prevent any danger and ensure the smoothflow of traffic along the road:<Amended by Act No. 7969, Jul. 19, 2006> |
| 1. | The place where the accident occurs; |
| 2. | The number of casualties and the extent of any injuries; |
| 3. | Items damaged and the extent of such damage; and |
| 4. | Other measures, etc. that are taken. |
| (3) | The police officers of the state police station who receive a report pursuant to the provisions of paragraph (2) shall provide assistance to the injured and when it is deemed necessary to prevent any further traffic danger, order the driver, etc. who makes the report to wait at the scene until police officers (excluding any autonomous police officer) arrive at the scene.<Amended by Act No. 7969, Jul. 19, 2006> |
| (4) | Police officers may give orders or directions to the driver, etc. who has caused the accident regarding providing assistance give aid to the injured and regarding the safety of the traffic. |
| (5) | The driver of any emergency motor vehicle, the driver of any motorvehicle that is transporting any injured person and the driver of any postal motor vehicle may, in the case of an emergency, arrange for a person aboard the motor vehicles to take the measures and make the report referred to in the provisions of paragraphs (1) and (2) and then continue to drive such motor vehicles. |
| (6) | When any traffic accident occurs, police officers (excluding any autonomous police officer) shall take necessary measures under the conditions as prescribed by the Presidential Decree.<Amended by Act No. 7969, Jul. 19, 2006> |
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| Article 55 (Prohibition on Hindering Measures Taken When Accident Occurs) |
In case where any traffic accident occurs, no one shall hinder measures taken by the driver, etc. or the making of the reporting.
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| Article 56 (Obligations of Employers, etc.) |
| (1) | A person who employs drivers of motor vehicles, a person who is in charge of the managing drivers of motor vehicles or users of motor vehicles (hereinafter referred to as the"employer, etc.") shall always caution such drivers to observe this Act and comply with any order given pursuant to this Act and shall supervise them. |
| (2) | The employer, etc. shall not fail to prevent any driver who is prohibited from driving any motor vehicle pursuant to the provisions of Articles 43 through 45 with the knowledge that he/she is trying to drive a motor vehicle or allow such driver to drive any motor vehicle. |
CHAPTER V SPECIAL EXAMPLES OF EXPRESSWAYS AND EXCLUSIVE ROADS FOR MOTOR VEHICLES
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| Article 57 (General Provisions) |
Means, etc. for motor vehicles or pedestrians to cross on expressways or exclusive roads for motor vehicles (hereinafter referred to as"expressways, etc.") shall be governed by this Chapter, and matters other than those prescribed in this Chapter shall be governed by Chapters I through IV.
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| Article 58 (Measures Taken to Prevent Danger, etc.) |
When the traffic of any expressway, etc. is feared to be dangerous or congested due to the damage of any road, the occurrence of any traffic accident and other circumstances, police officers (excluding any autonomous police officer) shall prohibit or restrict the traffic flow of motor vehicles that are travelling on such expressway, etc. within the necessary range or order drivers of motor vehicles to take necessary measures in order to prevent any traffic danger, any traffic congestion and ensure the safe and smooth flow of traffic thereon.<Amended by Act No. 7969, Jul. 19, 2006>
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| Article 59 (Installation and Management of Traffic Safety Facilities) |
| (1) | The manager of an expressway, shall install and manage traffic safety facilities in order to prevent any danger on such expressway and to ensure the safe and smooth flow of traffic thereon. In this case, the manager of each expressway shall, when he/she intends to install such traffic safety facilities, consult with the Commissioner General of the National Police Agency thereabout. |
| (2) | The Commissioner General of the National Police Agency may in struct the manager of every expressway about matters necessary to manage traffic safety facilities. |
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| Article 60 (Prohibition, etc. on Traffic of Roadside) |
| (1) | The driver of every motor vehicle shall drive his/her motor vehicle along lanes that are prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, except where prevented from doing so due to inevitability, including the breakdown of his/her motor vehicle on the expressway and other circumstances of inevitability, and shall not drive his/her motor vehicle on the roadside (referring to the shoulder provided for in the Road Act):Provided, That the same shall not apply in cases where any emergency motor vehicle is driven and any motor vehicle used to repair and maintain, etc. the expressway is driven. |
| (2) | The driver of any motor vehicle shall, when intending to overtake any other motor vehicle on the expressway, safely drive the motor vehicle along the lane that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs by using direction indicators, lights and horn. |
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| Article 61 (Marking of Exclusive Lane on Expressway) |
| (1) | The Commissioner General of the National Police Agency may, when it is especially necessary to ensure the smooth flow of traffic of the expressway, mark an exclusive lane on the expressway. |
| (2) | The provisions of Article 15 (2) and (3) shall applymutatis mutandisto the types, etc. of exclusive lanes of the expressway referred to in the provisions of paragraph (1). |
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| Article 62 (Prohibition on Crossing, etc.) |
The driver of any motor vehicle shall be prohibited from crossing an expressway, etc. making a U-turn or moving in reverse on an expresswaywhile driving a motor vehicle on the expressway:Provided, That the same shall not apply to any motor vehicle that is used to take emergency measures aimed at preventing and removing danger on an expressway and taking and performing emergency measures and the work relating to any traffic accident on the expressway among emergency motor vehicles or motor vehicles used to perform the work of repair and maintenance, etc. of the road.
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| Article 63 (Prohibition on Traffic, etc.) |
A rider of any horse except motor vehicles (two-wheeled vehicles are limited to emergency motor vehicles) or any pedestrian shall be prohibited from riding his/her horse or walking any expressway or crossing any expressway.
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| Article 64 (Prohibition on Stopping and Parking Motor Vehicles on Expressway, etc.) |
The driver of any motor vehicle shall be prohibited from stopping or parking a motor vehicle on any expressway, etc.:Provided, That the same shallnot apply to cases falling under any of the following subparagraphs:<Amended by Act No. 7969, Jul. 19, 2006>
| 1. | Where the driver temporarily stops or parks a motor vehicle in compliance with the provisions of Acts and subordinate statues or instructions given by police officers (excluding any autonomous police officer) in order to prevent any danger; |
| 2. | Where the driver stops or parks a motor vehicle in a place where safety signs are erected in order to permit motor vehicles to stop or park, or in the depot; |
| 3. | Where the driver stops or parks a motor vehicle on the edge area of a road (including the roadside) due to breakdown or other inevitability; |
| 4. | Where the driver stops a motor vehicle to pay a toll at a tollgate; |
| 5. | Where the manager of a road stops or parks a motor vehicle in order to repair, maintain or patrol the expressway, etc.; |
| 6. | Where any police emergency motor vehicle stops or parks a motor vehicle in order to investigate any crime, control the traffic and perform other police duties; and |
| 7. | Where the driver temporarily stops or parks a motor vehicle on an expressway, etc. when the driver cannot drive the motor vehicle due to traffic congestion or inevitability. |
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| Article 65 (Priority Order for Access to Expressway) |
| (1) | When intending to drive a motor vehicle onto an expressway, the driver of any motor vehicle shall not impede the traffic of other motor vehicles traveling on the expressway, (excluding any emergency motor vehicle). |
| (2) | When any emergency motor vehicle is entering an expressway, nodriver of any motor vehicle shall impede the that emergency motor vehicle'saccess to the expressway. |
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| Article 66 (Measures Taken for Breakdown, etc.) |
When the driver of any motor vehicle is unable to drive a motor vehicle due to breakdown on an expressway, etc., the driver shall display a sign (hereinafter referred to as a vehicle break-down sign)that is prescribedby the Ordinance of the Ministry of Government Administration and Home Affairs and then take measures to relocate his/her motor vehicle to a place out of the expressway, etc.
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| Article 67 (Matters to Be Observed by Drivers and Passengers on Expressway, etc.) |
| (1) | The driver of any motor vehicle that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs among motor vehicles that run on the expressway, etc., shall cause all of the passengers to fasten their seat belts, notwithstanding the provisions of Article 50 (2):Provided, That the same shall not apply to cases where any passenger is unable to easily fasten his/her safety belt due to illness or on the grounds prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (2) | The driver of any motor vehicle that travels on an expressway, etc. shall always carry a break-down sign as provided for in the provisions of Article 66. When the driver finds it difficult to drive his/her motor vehicle due to breakdown or on the grounds of other inevitability, the driver shall stop the motor vehicle on the left-hand edge of the road and then display the break-down sign under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
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| Article 68 (Prohibited Conduct, etc. on Roads) |
| (1) | No one shall operate signal apparatuses, or remove, relocate and damage the traffic safety facilities or install facilities similar to traffic safety facilities on any road without permission therefor. |
| (2) | No one shall leave articles on the road which impede the traffic flow of the road without permission therefor. |
| (3) | No one shall perform any act falling under any of the following subparagraphs: |
| 1. | The act of wandering on a road while intoxicated; |
| 2. | The act of lying or sitting on a road in a manner that impedes the traffic flow on the road; |
| 3. | The act of playing with a ball or riding on a sled on the road in which the traffic is heavy; |
| 4. | The act of throwing or projecting any stone, any glass bottle, any iron scrap or any article, any of which is feared to cause damage to any motor vehicle or horse; |
| 5. | The act of throwing articles from any motor vehicle or any horse traveling along a road; |
| 6. | The act of jumping onto, clinging to or jumping from any motor vehicle or any horse that is traveling along a road; or |
| 7. | Any other act that is designated and published by the Commissioner of the Local Police Agency after recognizing this as being necessary to prevent danger to traffic. |
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| Article 69 (Report on Roadwork and Safety Measures, etc.) |
| (1) | Anyone who intends to perform the work of digging or drilling, etc. the road (hereafter in this Article referred to as a"work contractor") in compliance with any order given by a road management agency or road works agency shall report the date, the section, the works period, the manner in which the work is to be performed and other necessary matters to the head of the competent police station 3 days before commencing the works:Provided, That in cases where it is necessary to perform any emergency works following a landslide or rupture of water mains, etc., that person shall take safety measures therefor and report thereon after commencing the works. |
| (2) | When the head of the competent police station judges that the traffic congestion in the area surrounding a construction site greatly increases at an unanticipated level, which is feared to seriously hamper the safety and smooth control of the traffic, he may get the relevant work contractor referred to in the provisions of paragraph (1) to shorten his work hours and take other necessary measures, etc. after consulting thereabout beforehand with the road management agency.<Newly Inserted by Act No. 7666, Aug. 4, 2005> |
| (3) | The works contractor shall, when it is necessary to control the traffic flow of motor vehicles and horses and give instructions, etc. during the works period, install traffic safety facilities in compliance with the instructions given by the head of the competent police station. |
| (4) | The work contractor shall, When his/her work damages the traffic safety facilities, restore the damaged traffic safety facilities to their original state under the conditions as prescribed by the Ordinance of theMinistry of Government Administration and Home Affairs and then report the result thereof to the head of the competent police station. |
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| Article 70 (Consultations, etc. about Permission for Occupying and Using Road) |
| (1) | When a road management agency intends to perform any acts falling under either of the following subparagraphs, in cases where the road management agency is the Minister of Construction and Transportation, it shall hear the opinion of the Commissioner General of the National Police Agency and in cases where the road management agency is the Special Metropolitan City Mayor, the Metropolitan City Mayor or theDogovernor, it shall hear the opinion of the head of the competent police station: |
| 1. | Permission for occupying and using the road provided for in the provisions of Article 40 of the Road Act:Provided, That the same shall not apply to permission for occupying and using the part of the sidewalk, which is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs; and |
| (2) | In cases of the permission for occupying and using part of a sidewalk referred to in the provisions of the proviso to paragraph (1) 1, immediately after granting permission to occupy and use part of the sidewalk, the road management agency shall notify the Commissioner General of the National Police Agency or the head of the competent police station of the details of such permission. |
| (3) | When it is deemed necessary to ensure the safe and smooth flow of traffic, the Commissioner General of the National Police Agency or the head of the competent police station who receives the notification referred to in the provisions of paragraph (2) may request the road management agency to take necessary measures therefor. |
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| Article 71 (Measures against Facilities Illegally Installed on Road) |
| (1) | The head of any police station may order the person falling under any of the following subparagraphs to correct that person's act of violation or remove the traffic impediment caused by such person's act of violation: |
| 1. | Any person who has installed traffic safety facilities or other facilities similar thereto without obtaining permission therefor in violation of the provisions of Article 68 (1); |
| 2. | Any person who has abandoned articles in violation of the provisions of Article 68 (2); and |
| 3. | Any person who has installed facilities, etc. or performed any work that could impede traffic flow in violation of the provisions of Article 40 of the Road Act. |
| (2) | The head of any police station shall, when he/she is unable to order the measures referred to in the provisions of paragraph (1) taken on the grounds of his/her inability to identify the name and domicile of the person falling under any subparagraph of paragraph (1), keep the facilities, etc. in custody after taking measures to remove such facilities, etc. by himself/herself. In this case, the facilities, etc. that are feared to be worn out or destroyed and the custody of which is extremely difficult to accomplish may be sold and their sale proceeds may be kept in custody. |
| (3) | Necessary matters concerning the custody and sale, etc. of the facilities, etc. referred to in the provisions of paragraph (2) shall be prescribed by the Presidential Decree. |
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| Article 72 (Measures Taken to Prevent Danger of Ground Facilities, etc. Installed on Road) |
| (1) | The head of any police station shall, when ground facilities of the road, or other facilities and articles are causing danger to traffic or are unquestionably feared to cause impediment to traffic, cause the owner, the occupier or the manager of such facilities, etc, to remove them and order them to take measures necessary for traffic safety. |
| (2) | The head of any police station shall, when he/she is unable to order the owner, the occupier or the manager of the facilities, etc. to take measures pursuant to the provisions of paragraph (1) on the grounds of inability to identify their names and domiciles, keep the facilities, etc. in custody after taking measures to remove them by himself/herself. In this case, the facilities, etc. that are feared to be worn out or destroyed and the custody of which is extremely difficult to maintain may be sold and their sale proceeds may be kept in custody. |
| (3) | Necessary matters concerning the custody and sale, etc. of facilities, etc. referred to in the provisions of paragraph (2) shall be prescribed by the Presidential Decree. |
CHAPTER VII TRAFFIC SAFETY EDUCATION
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| Article 73 (Traffic Safety Education) |
| (1) | Anyone who intends to obtain a driver's license shall undergo trafficsafety education regarding the matters falling under each of the following subparagraphs before applying for the functional examination provided for in the provisions of Article 83 (1) 4:Provided, That the same shall not apply to anyone who has undergone the special traffic safety education pursuant to the provisions of paragraph (1) 1 or has completed the driving education in a specialized driving school as provided for in the provisions of Article 104 (1): |
| 1. | The basic manners for drivers; |
| 2. | A knowledge of Acts and subordinate statues governing the road and traffic; |
| 3. | Skills needed to drive motor vehicles safely; and |
| 4. | Other matters necessary to ensure the safety of traffic. |
| (2) | The driver of any motor vehicle and any person who is subject to a disposition taken to revoke that person's driver's license or a disposition taken to suspend the effect of that driver's license and who falls under any of the following subparagraphs shall undergo special traffic safety education under the conditions as prescribed by the Presidential Decree. In this case, such special traffic safety education may be postponed for such persons under the conditions as prescribed by the Presidential Decree, on the grounds of inevitability that fall under subparagraph 1, 2 or 3: |
| 1. | Any person who intends to obtain a driver's license again after haviing been subject to a disposition taken to revoke that person's driver's license; |
| 2. | Any person who is to be subject or has been subject to a disposition taken to suspend the effect of that person's driver's license on the grounds of any traffic accident or driving any motor vehicle while intoxicated and for whom the disposition period has yet to lapse; |
| 3. | Any novice driver who is to be subject or has been subject to a disposition taken to suspend the effect of that person's driver's license and for whom the disposition period has yet to lapse; |
| 4. | Any person who wishes to undergo the education and who is to be subject or has been subject to any disposition taken to suspend the effects of that person's drivers'licence on grounds other than the grounds referred to in subparagraphs 2 and 3 including the violation, etc. of the Acts and regulations governing traffic; or |
| 5. | Any person who wishes to undergo such education, who is likely to be subject to any disposition taken to suspend the effects of such driver's licence on the grounds of violating the Acts and regulations governing traffic. |
법령 이단보기
| Article 74 (Designations of Traffic Safety Educational Institutions, etc.) |
| (1) | The traffic safety education (hereinafter referred to as the"traffic safety education") that anyone who intends to obtain a driver's license has to receive pursuant to the provisions of Article 73 (1) shall be conducted by a specialized driving school as provided for in the provisions of Article 104 (1) and institutions or establishments that are designated by the Commissioner of the Local Police Agency pursuant to the provisions of paragraph (2). |
| (2) | When any institution or establishment that falls under any of the following subparagraphs and meets the requirements for facilities, equipment and instructors, etc. prescribed by the Presidential Decree files an application for its designation, the Commissioner of the Local Police Agency may designate such institution or such establishment as aninstitution that may conduct traffic safety education (hereinafter referred to as a"traffic safety educational institution"): |
| 1. | A specialized driving school provided for in the provisions of Article 99; |
| 2. | The Road Traffic Safety Authority provided for in the provisions of Articles 120 and 121 and its branch offices, its sub-branch offices and its educational institution; |
| 4. | An educational establishment of the responsible administrative agencyin charge of the management of drivers'licences provided for in the provisions of Article 4 of the Act on the Establishment and Operation of Responsible Administrative Agencies; and |
| 5. | Any educational establishment operated by a Si/Gun/Gu." |
| (3) | The Commissioner of the Local Police Agency shall, when it designates any traffic safety educational institution pursuant to the provisions of paragraph (2), deliver a designation certificate as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (4) | The Commissioner of the Local Police Agency shall not designate any institution or establishment falling under either of the following subparagraphs as a traffic safety educational institution: |
| 1. | An institution or establishment that is established and operated by anyone who has established and operated a traffic safety educational institution whose designation has been revoked pursuant to the provisions of Article 79 and for whom 3 years have yet to elapse since the date on which such designation has been revoked; or |
| 2. | An institution or establishment that is established and operated in the same place within 3 years from the date on which its designation has been revoked pursuant to the provisions of Article 79. |
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| Article 75 (Persons in Charge of Operation of Traffic Safety Educational Institutions) |
| (1) | The head of any traffic safety educational institution may, when it is deemed necessary to efficiently manage educational affairs, appoint a person to be in charge of the operation of that traffic safety educational institution from among employees (excluding any instructor in charge of traffic safety education) who work for the institution. |
| (2) | The head of any traffic safety educational institution (when the head of any traffic safety educational institution appoints a person to be in charge of the operation of the traffic safety educational institution, referring to the person in charge of the operation of the traffic safety institution) shall guide and supervise instructors in charge of the traffic safetyeducation (hereinafter referred to as"instructors in charge of traffic safetyeducation") and manage traffic safety educational affairs in order to ensure the fairness of its traffic safety educational affairs. |
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| Article 76 (Qualifying Standards, etc. for Lectures of Traffic Safety Education) |
| (1) | Every traffic safety educational institution shall have instructors in charge of its traffic safety education. |
| (2) | The instructors in charge of traffic safety education referred to in the provisions of paragraph (1) shall be persons falling under either of the following subparagraphs: |
| 1. | Persons who hold certificates of qualifications as instructors for driving education, as delivered by the Commissioner General of the National Police Agency pursuant to the provisions of Article 106 (2); or |
| 2. | Persons who have graduated from universities in which they have studied for not less than 4 years pursuant to the Higher Education Act (including any person who is recognized to have an academic attainment equal to or higher than those of such persons) and personswho have obtained qualifications as Class-I or Class-II full-time teachers pursuant to the provisions of Article 21 (2) of the Elementaryand Secondary Education Act and fall under each of the following items: |
| (a) | Persons who have been engaged in administrative affairs or educational affairs involving road and traffic for not less than 2 years; and |
| (b) | Persons who have completed the traffic safety educational coursesthat are prescribed by the Commissioner General of the National Police Agency. |
| (3) | Any person falling under any of the following subparagraphs shall be disqualified as an instructor in charge of traffic safety education: |
| 1. | Any person who is younger than 20; |
| 4. | Any person who fails to obtain a driver's licence that makes it possible for him/her to drive any motor vehicle, or who is a novice driver. |
| (4) | The head of any traffic safety educational institution shall be prohibited from allowing anyone who is not a instructor in charge of traffic safety education to educate prospective drivers in traffic safety. |
| (5) | The Commissioner of the Local Police Agency may, when Acts and subordinate statues governing roads and traffic are amended and it is deemed necessary to efficiently conduct the traffic safety education, conduct training and education for instructors in charge of traffic safety education under the conditions as prescribed by the Presidential Decree. |
| (6) | The head of any traffic safety educational institution shall, in caseswhere instructors in charge of traffic safety education must undergo training and education pursuant to the provisions of paragraph (5), takemeasures to cause them to undergo such training and education unless grounds of inevitability exist. |
법령 이단보기
| Article 77 (Confirmation of Participation, etc. in Traffic Safety Education) |
| (1) | Instructors in charge of traffic safety education shall, when conducting and completing traffic safety education pursuant to the provisions of Article 73 (1), report details of each of the participants in traffic safety education to the head of the relevant traffic safety educational institution. |
| (2) | The head of the traffic safety educational institution shall, upon receiving the report referred to in the provisions of paragraph (1), deliver a certificate of completion of education to each of the participants in the education meeting under the standards set by the Presidential Decree and then report without delay such fact to the Commissioner of the competent Local Police Agency. |
법령 이단보기
| Article 78 (Report on Suspension or Discontinuation of Operation of TrafficSafety Educational Institution) |
The head of any traffic safety educational institution shall, when intending to suspend or discontinue the operation of that traffic safety educational institution for not less than one month, make a report thereon to the Commissioner of the Local Police Agency by 7 days before the date on which the head intends to suspend or discontinue the operation of that traffic safety educational institution under the conditions as prescribedby the Ordinance of the Ministry of Government Administration and Home Affairs.
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| Article 79 (Revocation of Designation of Traffic Safety Educational Institution) |
The Commissioner of the Local Police Agency shall, when any traffic safety educational institution falls under any of the following subparagraphs. revoke his/her designation thereof:
| 1. | When the traffic safety educational institution fails to make a correction within 30 days from the date on which it is ordered to make such correction after it is found not to be in conformity with the standards for designation provided for in the provisions of Article 74 (2); |
| 2. | When the head of the traffic safety educational institution fails to take measures to cause instructors of traffic safety education to undergo training and education in violation of the provisions of Article 76 (6); |
| 3. | When the head of the traffic safety educational institution delivers a certificate of completion of education to anyone who has failed to complete the traffic safety educational courses; |
| 4. | When the head of the traffic safety educational institution fails to submit materials or make a report, or submits false materials or makes a false report in violation of the provisions of Article 141 (2); and |
| 5. | When the head of the traffic safety educational institution rejects, impedes or evades the access and the inspection by public officials, in violation of the provisions of Article 141 (2). |
CHAPTER VIII DRIVERS' LICENSES
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| Article 80 (Drivers' Licenses) |
| (1) | Anyone who intends to drive a motor vehicle shall obtain a driver's license from the Commissioner of any Local Police Agency. |
| (2) | The Commissioner of the Local Police Agency shall classify the scope of drivers' licences falling under each of the following subparagraphs based on the types of motor vehicles that can be driven and manage at under such drivers' licenses. In this case, the types of motor vehicles that canbe driven based on such scope of the drivers'licenses shall be determinedby the Ordinance of the Ministry of Government Administration and Home Affairs: |
| 1. | First-class drivers'licenses: |
| (a) | Drivers' licenses for large motor vehicles; |
| (b) | Drivers' license for ordinary motor vehicles; |
| (c) | Drivers' licenses for small motor vehicles; and |
| (d) | Special drivers'licenses; |
| 2. | Second-class drivers'licenses: |
| (a) | Drivers' licenses for ordinary motor vehicles; |
| (b) | Drivers' licenses for small motor vehicles; and |
| (c) | Drivers' licenses for motorcycles; and |
| 3. | Drivers' licenses for driving practice: |
| (a) | First-class drivers' licenses for ordinary driving practice; and |
| (b) | Second-class drivers' licenses for ordinary driving practice. |
| (3) | The Commissioner of the Local Police Agency may set necessary conditions, including restrictions on the structures of motor vehicles that can be driven, etc. according to the physical conditions and driving of persons who are entitled to drivers'licenses. |
| (4) | The Commissioner of the Local Police Agency may set additional conditions or alters the conditions referred to in the provisions of paragraph (3) according to the physical condition or the driving skills of persons who undergo aptitude tests pursuant to the provisions of Articles 87 and 89. |
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| Article 81 (Effect of Driver's License for Driving Practice) |
A driver's license for driving practice shall be effective for one year from the date on which that driver's license for driving practice is obtained:Provided, That in cases where anyone who has obtained a driver's license for driving practice obtains a first-class driver's license or a second-class driver's license, the driver's license for driving practice shall become ineffective.
법령 이단보기
| Article 82 (Grounds of Disqualification for Drivers'Licenses) |
| (1) | Any person falling under any of the following subparagraphs shall be disqualified from obtaining a driver's license: |
| 1. | A person who is younger than 18 years of age (in cases of a motorcycle, younger than 16); |
| 2. | A person who is prescribed by the Presidential Decree as being a mentally-disordered person or an epileptic who could cause any danger or impediment to traffic; |
| 3. | A person who has hearing impairment (limited to first-class driver's licenses), the blind and the physically handicapped who are prescribed by the Presidential Decree; |
| 4. | A person who has lost the elbow joints of both arms or the person who is unable to use both arms:Provided, That the same shall not apply to cases where anyone can normally drive a motor vehicle manufactured to meet the needs of that person's physical handicap; |
| 5. | A person who is prescribed by the Presidential Decree as being addicted to narcotics, marijuana, psychotropic drugs or alcoholism; and |
| 6. | A person who intends to obtain a first-class drivers'license for a large-type motor vehicle, who is younger than 20 years of age or has not more than one year's experience in driving a motor vehicle (excluding any two-wheeled vehicle). |
| (2) | Any person falling under any of the following subparagraphs shall not obtain a driver's license unless the period set in any of the relevant subparagraphs has lapsed. In this case, in cases of subparagraphs 1 through 4, it shall be limited to a person who has been sentenced to a fine or heavier punishment (including a stay of execution of such sentence): |
| 1. | In cases where a person drives a motor vehicle, etc. in violation of the provisions of Article 43 or 96 (3), 2 years (6 months in cases where the driver intends to obtain a driver's license for a motorcycle) fromthe date (in cases where the driver's license is revoked on the grounds that the driver drives a motor vehicle in the period during which theeffect of the driver's license is suspended, the date on which the driver'slicense is revoked) on which the driver commits the violation:Provided, That in case where the driver violates the provisions of Article 54 (1) and (2) after killing or injuring any other person, 5 years from the date on which the driver's license is revoked; |
| 2. | In cases where the person violates the provisions of Article 54 (1) and (2) after killing and injuring any other person in violation of the provisions of Articles 44, 45 or 46, 5 years from the date on which the driver's license is revoked; |
| 3. | In cases where the person fails to take measures or to make a report provided for in the provisions of Article 54 (1) and (2) after killing or injuring any other person on grounds other than the grounds provided for in the provisions of Articles 43 through 46, 4 years from the date on which his/her driver's license is revoked; |
| 4. | In cases where the person causes a traffic accident not less than three times while driving a motor vehicle in violation of the provisions of Article 44 (1), 3 years from the date on which the driver's license is revoked and in cases where the person who commits any crime, stealsanother person's motor vehicle or robs another person of his/her motor vehicle drives the motor vehicle in violation of the provisions of Article 43, 3 years from the date on which that person commits the violation; |
| 5. | In cases where the driver's license of the person is revoked for violatingthe provisions of Article 44 (1) or (2) not less than 3 times or the driver's license is revoked on the grounds provided for in the provisions of Article 93 (1) 7, 11 or 12, 2 years from the date on which the driver's license is revoked; |
| 6. | In cases where the driver's license of the person is revoked on thegrounds other than cases referred to in the provisions of subparagraphs 1 through 5, one year (6 months in cases where he/she intends to obtain a deriver's license for a motorcycle) from the date on which the driver's license is revoked:Provided, That the same shall not apply to cases where any person whose driver's license is revoked on the grounds of failing to undergo the aptitude test or renewing the driver's license or any person who obtains the first-class driver'license reattempts to obtain a second-class driver's license after failing to pass the aptitude test; and |
| 7. | In cases where the person remains subject to a disposition taken to suspend the effects of the driver's license, the period for suspension of disposition. |
| (3) | Anyone who is subject to a disposition taken to revoke his/her driver's license pursuant to the provisions of Article 93 shall, if that person fails to undergo the special traffic safety education provided for in the provisions of Article 73 (2) after being subject to the relevant disposition, be prohibited from obtaining a driver's license, notwithstanding the lapse of the disqualification period for the driver's license referred to in the provisions of paragraph (2). |
법령 이단보기
| Article 83 (Driver's License Test, etc.) |
| (1) | The driver‘s license test (excluding a test for first-class ordinary driver's license and a test for second-class ordinary driver's license) shall be held by the head of the administrative agency in charge of driver's licence tests provided for in the provisions of Article 4 of the Act on the Establishment and Operation of Responsible Administrative Agencies(hereinafter referred to as the"head of the agency in charge of the driver's licence tests") on the matters falling under each of the following subparagraphs according to the classification provided for in the provisions of Article 80 (2):Provided, That the driver's licence test prescribed by the Presidential Decree shall be held by the Commissioner of the Local Police Agency or the head of the agency in charge of driver's licence tests under the conditions as prescribed by the Presidential Decree: |
| 1. | The aptitude needed to drive motor vehicles, etc.; |
| 2. | The knowledge of Acts and subordinate statues governing motor vehicles, etc. road and traffic; |
| 3. | The methods needed to manage motor vehicles and the art needed to check motor vehicles in order to ensure safe traffic; and |
| 4. | The skills needed to drive motor vehicles, etc. |
| (2) | Tests for first-class ordinary driver's licenses and tests for secondclass ordinary driver's licenses shall be held by the head of the agency in charge of driver's licence tests in order to test abilities to drive motor vehicles on the road, which are needed to drive a motor vehicle and tests for first-class ordinary driver's licenses shall be held for persons who have received first-class ordinary licenses for driving practice and tests for second-class ordinary driver's licenses shall be held for persons who have received second-class ordinary licenses for driving practice, respectively. |
| (3) | Anyone who is not eligible to receive a driver's license pursuant to the provisions of Article 82 shall be prohibited from applying for a driver's license test. |
| (4) | Anyone who intends to apply for the driver's license test of his/her skill to drive any motor vehicle, etc. pursuant to the provisions of paragraph (1) 4 shall undergo the education falling under each of the following subparagraphs before he/she applies for the driver's license test:<Amended by Act No. 7936, Apr. 28, 2006> |
| 1. | The traffic safety education provided for in the provisions of Article 73 (1) and the drive education, which is conducted in any specialized driving school provided for in the provisions of Article 104 (1); and |
| 2. | The education that is conducted to improve skills needed to drive motorvehicles, etc. for longer than a fixed period under the conditions as prescribed by the Presidential Decree. |
| (5) | Ways and procedures for holding the driver's license tests referredto in the provisions of paragraphs (1) and (2) and other necessary matters concerning driver's license tests shall be prescribed by the Presidential Decree. |
법령 이단보기
| Article 84 (Exemption from Driver's License Test) |
| (1) | Any person falling under any of the following subparagraphs shall be exempted from part of a driver's licence test under the conditions as prescribed by the Presidential Decree: |
| 1. | Any person who has graduated from the mechanic engineering department or the department of automotive mechanics of any university, any specialized college or any technical engineering high school after completing subjects on motor vehicles; |
| 3. | Any person who falls under any of the following subparagraphs and who holds a drivers'licence that has been issued by an authoritative institution of a foreign country (hereinafter referred to as a"foreign drivers'license"): |
| 4. | Any person who has driven a military motor vehicle that corresponds to a motor vehicle, etc. while serving in the military for not less than 6 months; |
| 5. | Any person who intends to receive a driver's license again after his/her driver's license has been revoked on the grounds of failure to undergoan aptitude test pursuant to the provisions of Article 87 (1)and failure to renew his/her driver's license pursuant to the provisions of paragraph (3) of the same Article; |
| 6. | Any person who intends to include the type of motor vehicle that he/ she can drive according to the classification provided for in the provisions of Article 80 (2) after receiving a driver's license; |
| 7. | Any person who intends to receive a driver's license again after his/her driver's license has been revoked pursuant to the provisions of Article 93 (1) 14 through 17; |
| 8. | Any person who holds a completion certificate or the graduation certificate issued by a specialized driving school pursuant to the provisions of Article 108 (5); and |
| 9. | Any person who is recognized as having received a driver's license in the northern area of the demilitarized zone. |
| (2) | With respect to persons who hold foreign drivers'licenses referred to in the provisions of paragraph (1) 3 (referring to drivers'licenses obtained while residing in foreign countries for not less than 90 days, which deliver their drivers'licenses and their drivers'licenses are neither temporary drivers'licenses nor drivers'licenses for driving practice), an exception from a driver's license test may be prescribed otherwise under the conditions as prescribed by the Presidential Decree depending on whether the relevant foreign countries exempt persons who hold drivers'licences of the Republic of Korea from the driver's licence test, with the exception of the aptitude test (hereinafter referred to as"countries that recognize a Korean drivers'licence"):Provided, That foreign drivers'licenses held by foreigners residing in the Republic of Korea for the purposes of diplomacy, official business or research, etc. that are prescribedby the Presidential Decree shall be deemed drivers'licenses that are issued by authoritative institutions of foreign countries that recognize Korean drivers'licenses and with respect to any foreign country that has concluded an agreement with the Republic of Korea on the mutual recognition ofthe drivers'licences among foreign countries that recognize Korean drivers'licenses, part of the driver's license test may be exempted according to the terms of such agreement. |
| (3) | The head of the agency in charge of the driver's licence test shall, when issuing a Korean driver's license to any foreigner who holds a foreign driver's license after exempting the foreigner from part of the driver's license test pursuant to the provisions of paragraphs (1) 3 and (2), retrievethe foreign driver's license and at the request of the relevant agency send the foreign driver's license to the relevant agency of the foreign country that issued the foreign driver's license. |
법령 이단보기
| Article 85 (Delivery, etc. of Drivers'License) |
| (1) | Anyone who intends to receive a driver's license shall pass a driver's license test. |
| (2) | The Commissioner of the Local Police Agency shall deliver the driver's license that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs to each person who has passed the driver's license test. |
| (3) | The driver's license shall take effect from the time when the principal or his/her agent takes delivery of the driver's license. |
법령 이단보기
| Article 86 (Reissue of Drivers' Licenses) |
When anyone loses his/her driver's license or the driver's license is worn out, that person may file an application with the Commissioner of the Local Police Agency for the issue of a replacement driver's license under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs.
법령 이단보기
| Article 87 (Regular Aptitude Tests and Renewal of Drivers'Licenses) |
| (1) | Anyone who has obtained a first-class driver's license shall undergo the regular aptitude test held by the head of the agency in charge of driver's licence tests within the period for regular aptitude test according to the classification falling under each of the following subparagraphs under the conditions as prescribed by the Presidential Decree: |
| 1. | The period for the first aptitude test is within 3 months from the date on which 7 years (5 years for a person who is older than 65 years of age) elapse from the date that is reckoned from when he/she passes the driver's license test provided for in the provisions of Article 83 (1) or (2); and |
| 2. | The period for aptitude tests other than for the aptitude test referredto in subparagraph 1 is within 3 months from the date that is reckoned from the date on which 7 years (5 years for a person who is olderthan 65 years of age) elapse from the date that is reckoned from when the immediately preceding aptitude test period commences. |
| (2) | The Commissioner of the Local Police Agency shall renew the driver's license and issue the renewed driver's license to anyone who passes the regular aptitude test referred to in the provisions of paragraph (1). |
| (3) | Anyone who obtains the second-class driver's license shall take delivery of such second-class driver's license as renewed by the Commissioner ofthe Local Police Agency within the driver's license renewal period according to the classification falling under each of the following subparagraphs: |
| 1. | The first driver's license renewal period is within 3 months from the date on which 9 years elapse from the date reckoned from when he/ she passes the driver's license test provided for in the provisions of Article 83 (1) or (2); and |
| 2. | A driver's license renewal period other than the first driver's licenserenewal period referred to in the provisions of subparagraph 1 is within 3 months from the date on which 9 years elapse from the date that is reckoned from when the immediately preceding driver's license renewal period commences. |
| (4) | When anyone who is obliged to undergo the aptitude test or to take delivery of a renewed driver's license pursuant to the provisions of paragraph (1) or (3) is unable to undergo the aptitude test or to have his/herdriver's license renewed and issued within the fixed period on the groundsof overseas travel or military service or other grounds prescribed by the Presidential Decree, that person may undergo the aptitude test beforehand or may have the period for the aptitude test extended under the conditions as prescribed by the Presidential Decree. |
법령 이단보기
| Article 88 (Frequent Aptitude Tests) |
| (1) | When anyone who has obtained a first-class driver's license ora second-class driver's license (including anyone who has obtained a international driver's license as provided for in the provisions of Article 96 (1)) suffers from postnatal disability that impedes the safe driving of a motor vehicle and falls under the grounds prescribed by the Presidential Decree, he/she shall undergo a frequent aptitude test that is held by the head of the agency in charge of driver's licence tests. |
| (2) | The period for frequent aptitude tests, notices and other necessary matters concerning the holding of frequent aptitude tests referred to in the provisions of paragraph (1) shall be prescribed by the Presidential Decree. |
법령 이단보기
| Article 89 (Notification of Personal Information Pertaining to Frequent Aptitude Tests) |
| (1) | The head of the agency that is prescribed by the Presidential Decree, that has personal information pertaining to those suffering from post natal disability, etc. and are obliged to undergo a frequent aptitude test shall notify the Commissioner General of the National Police Agency of such personal information pertaining to frequent aptitude tests. |
| (2) | The details of the personal information to be notified to the Commissioner General of the National Police Agency pursuant to the provisions of paragraph (1), means of notification and other necessary matters concerning the notification of personal information shall be prescribed by the Presidential Decree. |
법령 이단보기
| Article 90 (Measures Taken for Persons Suspected of Suffering from MentalIllness, etc.) |
In cases where anyone who applies for a driver's license test or an aptitude test is reasonably believed to fall under the provisions of Article 82 (1) 2 and 5 when undergoing the driver's license test provided for in the provisions of Article 83 or the aptitude test provided for in the provisions of Article 87 (1) or 88 (1), the head of the agency in charge of driver's licence tests may arrange for any medical specialist to perform a precise diagnosis of that person.
법령 이단보기
| Article 91 (Temporary Driving Certificate) |
| (1) | The Commissioner of the Local Police Agency may, when any person falling under any case of the following subparagraphs applies for issue of a temporary driving certificate, issue such temporary driving certificate to the applicant under conditions prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs:Provided, That in the case of subparagraph 2, the Commissioner of the Local Police Agency may issue the driver's license in which the matters prescribedby the Ordinance of the Ministry of Government Administration and Home Affairs are entered in lieu of issuing the temporary driving certificate: |
| 1. | Where a person who obtains a driver's license files an application for reissue of a driver's license pursuant to the provisions of Article 86; |
| 2. | Where a person files an application for an aptitude test as providedfor in the provisions of Article 87, the issue of a renewed driver's license or a frequent aptitude test as provided for in the provisions of Article 88; and |
| 3. | A person who is subject to a disposition taken to revoke or suspend that person's driver's license provided for in the provisions of Article 93 submits the driver's license. |
| (2) | The temporary driving certificate referred to in the provisions of paragraph (1) shall have the same effect as that of a driver's license during the period of its validity. |
법령 이단보기
| Article 92 (Obligations to Carry and Produce Drivers'Licenses) |
| (1) | The driver of any motor vehicle shall carry a driver's license, etc. that falls under any of the following subparagraphs when he/she drives his/her motor vehicle: |
| 1. | A driver's license, or international driver's license as provided for in the provisions of Article 96 (1) and the operator's license for construction machinery as provided for in the Construction Machinery Management Act (hereinafter referred to as a"driver's license, etc."); and |
| 2. | A certificate falling under any of the following subparagraphs in lieu of the driver's license, etc: |
| (a) | A temporary driving certificate as provided for in the provisions of Article 91; |
| (b) | A written notice pertaining to the payment of a penalty as provided for in the provisions of Article 138 or a written summons; and |
| (c) | A written notice as provided for in the provisions of Article 143 (1). |
| (2) | The driver of any motor vehicle referred to in the provisions of paragraph (1) shall, when requested by police officers to produce his/her driver'slicense or certificate in lieu thereof, produce the same. |
법령 이단보기
| Article 93 (Revocation and Suspension of Drivers'Licenses) |
| (1) | The Commissioner of the Local Police Agency may, when the person who has obtained a driver'license (excluding any driver's license for driving practice) falls under any of the following subparagraphs, revoke the driver's license or suspend the effect thereof within the scope of not more than one year according to the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs:Provided. That when that person falls under subparagraphs 2, 3, 6 through 8 (excluding cases where the regular aptitude test period has lapsed), 11,13, 15, 16 or 17, the driver's license shall be revoked:<Amended by Act No. 7936, Apr. 28, 2006> |
| 1. | When any person drives a motor vehicle while intoxicated in violation of the provisions of Article 44 (1); |
| 2. | When a person who has violated the provisions of the latter part ofArticle 44 (1) or (2) not less than two times and falls under the grounds for suspension of his/her driver's license for violating the provisions of paragraph (1) of the same Article; |
| 3. | When a person fails to comply with a request from any police officer to take a breath test although that person is unquestionably believed to be driving a motor vehicle while intoxicated in violation of the provisions of the latter part of Article 44 (2); |
| 4. | When a person drives a motor vehicle although that person is feared to be unable to drive a motor vehicle normally on the grounds of being under the influence of drugs in violation of the provisions of Article 45; |
| 5. | When a person fails to take necessary measures or to make a report pursuant to the provisions of Article 54 (1) or (2) after killing or injuring any other person in a traffic accident; |
| 6. | When a person is not eligible to obtain a driver's license pursuant to the provisions of Article 82 (1) 2 through 5; |
| 7. | When a person who is not eligible to obtain a driver's license pursuant to the provisions of Article 82 obtains a driver's license by false and illegal means or is found to have accepted issue of a driver's license or other certificate in lieu of a driver's license in the period during which the effect of that person's driver's license is suspended; |
| 8. | When a person fails to undergo an aptitude test as provided for in the provisions of Article 87 (1) or 88 (1) or fails to pass such aptitude test; |
| 9. | When a person for whom one year elapses without renewing his/her driver's license within the period provided for in the provisions of Article 87 (3); |
| 10. | When a person deliberately or negligently causes a traffic accident while driving a motor vehicle; |
| 11. | When a person who receives a driver's license commits a criminal act such as homicide or rape, as is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, using a motor vehicle, etc.; |
| 12. | When a person steals or robs another person's motor vehicle; |
| 13. | When a person applies for a driver's license test as provided for in the provisions of Article 83 in order to assist another person to illegally obtain a driver's license; |
| 14. | When a person assaults any police officer or anySi/Gunpublic official who is engaged in traffic patrol pursuant to this Act; |
| 15. | When a person lends his/her driver's license to any other person in order to enable the latter to drive a motor vehicle or uses the driver's license of any other person to drive a motor vehicle; |
| 16. | When a person drives any motor vehicle that is not registered pursuant to the provisions of the Automobile Management Act or any motor vehicle (excluding any two-wheeled vehicle) for which a temporary driving permission is not obtained; |
| 17. | When a person for whom the grounds for revoking a driver's license for driving practice accrue before a first class ordinary driver's license or a second-class ordinary driver's license has been obtained; |
| 18. | When a person for whom the head of any agency has requested for a disposition to be taken to revoke or suspend that person's driver's license pursuant to the provisions of other Acts; and |
| 19. | When a person violates any order issued or any disposition taken pursuant to this Act or in accordance with this Act. |
| (2) | The Commissioner of the Local Police Agency may give demerit points to anyone who violates the Acts and regulations governing traffic according to the extent of the violation and the resulting damage, etc. under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs in order for such demerit points to be used as a basis as for revoking drivers'licences or suspending the effects of drivers'licences pursuant to the provisions of paragraph (1). In case where such demerit points exceed a certain threshold during a period that is set by the Ordinance of the Ministry of Government Administration and Home Affairs, the drivers‘ licenses may be revoked or suspended under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (3) | The Commissioner of the Local Police Agency shall, when anyone who takes a delivery of a driver's license for driving practice deliberately or negligently causes any traffic accident while driving a motor vehicle or violates any order provided for in this Act or any order given pursuant to this Act or any disposition provided for in this Act or any disposition taken pursuant to this Act, revoke his/her driver's license for driving practice:Provided, That the same shall not apply to cases where no cause is attributable to the principal or in other cases prescribed by the Presidential Decree. |
| (4) | The Commissioner of the Local Police Agency shall, when he/she intends to take a disposition to revoke or suspend a driver's license pursuant to the provisions of paragraph (1) or (2) or intends to take a dispositionto revoke a driver's license for driving practice pursuant to the provisions of paragraph (3), notify the party subject to the disposition in advance of the terms of the disposition and the time limit for presenting his/her opinion under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. When that person takes the disposition, he/she shall notify the party subject to the disposition in advance of the grounds for such disposition and the period during which an administrative appeal may be filed under the conditions asprescribed by the Ordinance of the Ministry of Government Administration and Home Affairs:Provided, That when the Commissioner of the Local Police Agency intends to revoke or suspend a driver's license on the grounds of the party's failure to undergo an aptitude test as provided for in the provisions of Article 87 (1) or 88 (1) and to be issued with a renewed driver's license as provided for in the provisions of Article 87 (3), he/she shall notify the party subject to the disposition of the fact that if he/she fails to undergo the aptitude test or to be issued with a renewed driver'slicense prior to the date until which he/she can undergo an aptitude test or be issued with a renewed driver's license arrives, his/her driver's license shall be revoked or suspended in lieu of the notice served before and after the disposition under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
법령 이단보기
| Article 94 (Raising of Objections to Disposition Taken to Revoke or Suspend Drivers'License) |
| (1) | Anyone who is dissatisfied with a disposition taken to revoke or suspend his/her driver's license pursuant to the provisions of Article 93 (1) or (2) or a disposition taken to revoke or suspend his/her driver's license for driving practice pursuant to the provisions of paragraph (3) of the same Article may raise objections to the Commissioner of the Local Police Agency within 60 days from the date on which that person is notified of the disposition under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (2) | The Commissioner of the Local Police Agency shall set up a deliberative committee on administrative dispositions for driver's licenses in order to deliberate on the objections referred to in the provisions of paragraph (1) under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (3) | Anyone who raises an objection pursuant to the provisions of paragraph (1) may file an administrative appeal pursuant to the Administrative Appeals Act, notwithstanding having raised an objection. In this case,anyone who is notified of the result of his/her objection after havingraised an objection (excluding anyone who files an administrative appeal pursuant to the Administrative Appeals Act before being notified of the result of such objection) may file an administrative appeal pursuant to the Administrative Appeals Act within 90 days of being notified of the result of such objection. |
법령 이단보기
| Article 95 (Return of Drivers'Licenses) |
| (1) | Anyone obtaining a driver's license who falls under any of the following subparagraphs shall return such driver's license to the Commissioner of the Local Police Agency having jurisdiction over that person's domicile within 7 days from the date on which the grounds thereof accrue: |
| 1. | When that person is subject to a disposition taken to revoke his/her driver's license; |
| 2. | When that person is subject to a disposition taken to suspend the effect of the driver's license; |
| 3. | When that person locates his/her lost driver's license after takingdelivery of a replacement driver‘s license issued in place of a lost driver's license; and |
| 4. | When a person who has obtained a driver's license for driving practice receives a first-class ordinary driver's licence or a second-class ordinary driver's license. |
| (2) | The Commissioner of the Local Police Agency shall, upon receivingthe return of any driver's license pursuant to the provisions of paragraph(1) 2, retain such driver's license in custody and return it immediately after the suspension period expires. |
CHAPTER IX INTERNATIONAL DRIVERS' LICENSES
법령 이단보기
| Article 96 (Driving of Motor Vehicles, etc. Using International Drivers' Licenses) |
| (1) | Anyone who obtains a driver's license (hereinafter referred to as an"international driver's license") from the authoritative institution of anyforeign country according to the provisions of a Convention falling under either of the subparagraphs can drive a motor vehicle using such international driver's license only for the period of one year from the date on which that person enters the Republic of Korea, notwithstanding the provisions of Article 80 (1). In this case, the types of motor vehicles that person can drive shall be limited to the types of motor vehicles that are entered in the international drivers'license: |
| 1. | The Convention on Road Traffic concluded in Geneva in 1949; and |
| 2. | The Convention on Road Traffic concluded in Vienna in 1968. |
| (3) | Anyone who falls under the grounds of disqualification from holidng a driver's license provided for in the provisions of Article 82 (2) and for whom the period that is classified in any subparagraph of the same paragraph has not elapsed shall be prohibited from driving any motor vehicle, notwithstanding the provisions of paragraph (1). |
법령 이단보기
| Article 97 (Prohibition on Driving Motor Vehicles, etc,) |
| (1) | In cases where anyone who drives any motor vehicle, etc. using an international driver's license in the Republic of Korea pursuant to the provisions of Article 96 falls under any case of the following subparagraphs, the Commissioner of the Local Police Agency having jurisdiction over that person's domicile may prohibit that person from driving any motor vehicle, etc. using that international driver's license within the scope of not more than one year according to the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs: |
| 1. | Where that person fails to undergo an aptitude test or fails to pass an aptitude test as provided for in the provisions of Article 88 (1); |
| 2. | Where that person deliberately or negligently causes any traffic accident while driving a motor vehicle; |
| 3. | Where that person holds Korean citizenship and for whom the period provided for in the provisions of either subparagraph of Article 82 (2) has yet to elapse since that person's driver's license has been revoked or the effect of his/her driver's license has been suspended pursuant to the provisions of Article 93 (1) or (2); and |
| 4. | Where that person violates this Act, any order given pursuant to this Act or any disposition taken with respect to the driving of a motor vehicle. |
| (2) | Anyone who is prohibited from driving a motor vehicle pursuant to the provisions of paragraph (1) shall surrender without delay his/her international driver's license to the Commissioner of the Local Police Agency who prohibits him/her from driving his/her motor vehicle using such international driver‘s license. |
| (3) | In cases where the prohibition period referred to in the provisons of paragraph (1) elapses or the person who is subject to the disposition taken to prohibit him/her from driving his/her motor vehicle leaves the Republic of Korea during the prohibition period, the Commissioner of the Local Police Agency shall return without delay that person's international driver's license that he/she has retained in custody at the Commissioner's request. |
법령 이단보기
| Article 98 (Issue of International Drivers'Licenses, etc.) |
| (1) | Anyone who obtains a driver's license pursuant to the provisions of Article 80 and intends to be issued with an international driver's license pursuant to the Convention on Road Traffic provided for in the provisions of Article 96 (1) 1 shall file an application with the Commissioner of the Local Police Agency therefor. |
| (2) | The effective period of an international driver's license as referred to in the provisions of paragraph (1) shall be one year from the date on which delivery thereof is taken. |
| (3) | The international driver's license referred to in the provisions of paragraph (1) shall cease to have its effect when the effect of the driver's license of the Republic of Korea of anyone who takes delivery of the international driver's license is lost or revoked. |
| (4) | The effect of the international driver's license referred to in the provisions of paragraph (1) shall be suspended during the suspension period when the effect of the driver's license of the Republic of Korea of the person who takes the delivery of such international driver's license is suspended. |
| (5) | Necessary matters concerning the issue of international drivers'licenses referred to in the provisions of paragraph (1) shall be determinedby the Ordinance of the Ministry of Government Administration and Home Affairs. |
CHAPTER X DRIVING SCHOOLS
법령 이단보기
| Article 99 (Registration of Driving Schools) |
Anyone who intends to establish and operate a driving school (hereinafter referred to as a "School") shall have such School registered with the Commissioner of the Local Police Agency under the conditions as prescribed by the Presidential Decree after meeting necessary conditions such as facilities and equipment, etc. as provided for in the provisions of Article101, the fixed number of instructors and the standards for their allocation to classes provided for in the provisions of Article 103. The same shall apply to cases where such person intends to change any matter that is prescribed by the Presidential Decree from among the matters registered.
법령 이단보기
| Article 100 (Conditional Registration of Schools) |
| (1) | The Commissioner of the Local Police Agency may approve the registration of any School as provided for in the provisions of Article 99 on the condition that the facilities and equipment, etc. provided for in the provisions of Article 101 be installed. |
| (2) | When anyone whose School has been registered pursuant to the provisions of paragraph (1) fails to install the facilities, equipment, etc. within the period stipulated pursuant to the provisions of the same paragraph without justifiable grounds, the Commissioner of the Local Police Agency shall revoke its registration. |
법령 이단보기
| Article 101 (Standards for Establishing Schools) |
Every School shall secure the facilities and equipment necessary for education, such as lecture rooms, skill-training courses, incidental facilities, etc. (including incidental facilities for training physically handicapped persons) in conformity with the standards set by the Presidential Decree.
법령 이단보기
| Article 102 (Grounds for Disqualification from School Registration) |
| (1) | Any person falling under any of the following subparagraphs shall be prohibited from registering a school pursuant to the provisions of Article 99: |
| 1. | An incompetent or quasi-competent person; |
| 2. | A person who has not yet been reinstated after having been declared bankrupt; |
| 3. | Any person who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom 3 years have yet to elapse from the date on which the execution of the sentence is stayed or a waiver of execution of the sentence is made definite; |
| 4. | Any person whose qualifications are suspended or relinquished by the judgment of any court; |
| 5. | Any person who establishes and operates a school and for whom one year has yet to elapse from the date on which the registration of the school is annulled pursuant to the provisions of Article 113 (1) 1, subparagraphs 5 through 12 of the same paragraph and paragraphs(2) and (4) of the same Article or any person who intends to establish and operate a School in the same location within one year from the date on which the registration of his/her School is annulled; and |
| 6. | A corporation, any officer of which falls under any of subparagraphs 1 through 5. |
| (2) | In cases where a person who has established and operated a School falls under any subparagraph of paragraph (1), the registration of such school shall cease to have effect:Provided, That the same shall not apply to cases where any officer of the corporation falls under paragraph (1) 6 and the officer is dismissed or replaced by any other officer within 3months from the date on which the officer is found to fall under paragraph(1) 6. |
법령 이단보기
| Article 103 (Instructors and Educational Courses of Schools) |
| (1) | Necessary matters concerning requirements for the qualifications of instructors in responsible for education in Schools (referring to personswho educate prospective drivers in Acts and subordinate statues governing roads and traffic, in a knowledge of roads and traffic, and skills to drive motor vehicles; hereafter the same shall apply), the fixed number ofinstructors and the standards for allocating the instructors, etc. to classesshall be prescribed by the Presidential Decree. |
| (2) | Necessary matters concerning educational courses and methods of Schools and standards for operating Schools shall be prescribed by the Presidential Decree. |
법령 이단보기
| Article 104 (Designations of Specialized Driving Schools) |
| (1) | The Commissioner of the Local Police Agency may designate any driving School that is registered pursuant to the provisions of Article 99 and meets the requirements falling under each of the following subparagraphs as a specialized driving school (hereinafter referred to as the "Specialized Driving School) under the conditions as prescribed by the Presidential Decree in order to raise the standards of education concerning the driving of motor vehicles and to upgrade the quality of drivers: |
| 1. | A Specialized Driving School is required to appoint a superintendent(referring to a person in charge of the education of subjects and skills and the operation of the affairs of the Specialized Driving School; hereafter the same shall apply):Provided, That in cases where the person who establishes and operates a Specialized Driving School fulfills the requirements for qualifications may concurrently serve as the superintendent and in this case, that person may appoint an assistant superintendent who assists the superintendent: |
| 2. | A Specialized Driving School is required to appoint instructors as provided for in the provisions of Article 106 and skill examiners (referring to persons who perform the skill examinations as provided for in the provisions of Article 108; hereafter the same shall apply) as provided for in the provisions of Article 107 according to the standards set by the Presidential Decree; |
| 3. | A Specialized Driving School is required to have the facilities and equipment that are in conformity with the standards set by the Presidential Decree and other facilities and equipment, etc. necessary to designate it as a traffic safety educational institution pursuant to the provisions of Article 74 (2); and |
| 4. | Means of education, the abilities of graduates to drive motor vehicles and the operation of the relevant Specialized Driving School shall conform with the standards set by the Presidential Decree. |
| (2) | The Commissioner of the Local Police Agency shall be prohibited from designating a driving School falling under any of the following subparagraphs as a Specialized Driving School: |
| 1. | A driving School established and operated by a person who has established and operated a driving School or Specialized Driving School (hereinafter referred to as "driving School, etc.") the registration of which has been revoked. or a driving School established and operatedby any former superintendent or any former vice superintendentwithin 3 years from the date on which the registration of his/her driving School has been revoked; and |
| 2. | In cases where the registration of any driving school is revoked pursuant to the provisions of Article 113 (excluding the provisions of paragraph (1) 2 through 4), the driving school that is established and operated in the same location within 3 years from the date on which the registration of such driving school is revoked. |
| (3) | Any Specialized Driving School that is designated pursuant to the provisions of paragraph (1) shall, when it intends to change important matters that are prescribed by the Presidential Decree, obtain approval therefor from the Commissioner of the Local Police Agency having jurisdiction over the location of the Specialized Driving School. |
법령 이단보기
| Article 105 (Superintendent, etc. of Specialized Driving School) |
Every superintendent or every vice superintendent must be a person who fulfills the requirements falling under each of the following subparagraphs:
| 1. | That person must be between 30 and 60; |
| 2. | That person must have a road and traffic carrier of not less than 3 years (limited to a carrier of managerial post) or that person must have an operations and management carrier of a driving school, etc. of not less than 3 years and must not fall under any of the following subparagraphs: |
| (a) | Any one who is a minor, an incompetent or quasi-competent person; |
| (b) | Any one who has not yet been reinstated after having been de clared bankrupt; |
| (c) | Any one who has been sentenced to imprisonment without prison labor or a heavier punishment for violating this Act and the provisions of other Acts and for whom 2 years (3 years in cases where he/she violates the provisions of any subparagraph of Article 150) have yet to elapse from the date on which the execution of the sentence is terminated (including cases where it is deemed that the execution of the sentence has been stayed) or a waiver of execution of the sentence is made definite; |
| (d) | Any one for whom 3 years have yet to elapse since having been sentenced to a fine for violating any subparagraph of Article 150; |
| (e) | Any one who is in the period of stay after having been sentenced with a stay of execution of imprisonment without prison labor or heavier punishment; |
| (f) | Any one who is in a period of stay after having been sentenced witha stay of imprisonment without prison labor or heavier punishment; |
| (g) | Any one who is in a period of stay after having been given suspension of sentence; |
| (h) | Any one whose qualifications are suspended or relinquished by any Act or any court judgment; and |
| (i) | Any one for whom 2 years have yet to elapse the time when he/sheis subject to a disposition taken for any disciplinary action against that person, or since that person's dismissal pursuant to the State Public Officials Act, the Police Officers Act or other relevant Acts; and |
| 3. | Such person must have established and operated a driving School,etc. whose registration has been revoked pursuant to the provisions of Article 113 (1) 1, 5 through 12 of the same paragraph or paragraphs (2) and (4) of the same Article and in cases of superintendents or vice superintendents, a person for whom 3 years have elapsed since the date on which the registration has been annulled. |
법령 이단보기
| Article 106 (Instructors of Specialized Driving Schools) |
| (1) | Anyone who intends to become a instructor of any Specialized Driving School shall pass the examination to qualify as lecturer as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, and shall complete the training and education aimed at training and educating prospective drivers in driving motor vehicles in any specialized institution that is designated by the Commissioner General of the National Police Agency. |
| (2) | The Commissioner General of the National Police Agency shall deliver the certificates of qualifications to persons who have the qualifications referred to in the provisions of paragraph (1) under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (3) | Any one falling under any of the following subparagraphs shall be disqualified from being a instructor of a Specialized Driving School: |
| 1. | Anyone who falls under the provisions of Article 76 (3) 1 through 3; |
| 2. | Anyone for whom 3 years have yet to elapse from the date on which that person's lecturer's certificate of the qualification has been revoked in accordance with the provisions of paragraph (4); and |
| 3. | Anyone who fails to obtain a driver's license that makes it possible to drive any motor vehicle used to educate prospective drivers in upgrading skills and abilities necessary to drive their motor vehicles on the road provided for in the provisions of Article 83 (1) 4 and paragraph (2) of the same Article (hereinafter referred to as"skill training") and for whom 2 years have yet to elapse from the date on which he/she obtains his/her driver's license. |
| (4) | When anyone who obtains a lecturer's certificate of qualification pursuant to the provisions of paragraph (2) falls under any of the following subparagraphs, the Commissioner of the Local Police Agency mayrevoke such lecturer's certificate of qualification according to the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs or suspend the effect of that lecturer's certificate of qualifications for the duration of not more than one year:Provided, That in cases where he/she falls under any of subparagraphs 1 through 5, such lecturer's certificate of qualifications shall be revoked and the provi sions of subparagraphs 5 and 6 shall not apply to any instructor who is assigned to educate prospective drivers in the knowledge, etc. necessary to drive motor vehicles pursuant to the provisions of Article 83 (1) 2 and 3: |
| 1. | When that person takes delivery of a driver's license by false or illegal means; |
| 3. | When that person educates prospective drivers in a period during which his/her qualifications as a lecturer are suspended; |
| 4. | When that person lends his/her lecturer's certificate of qualifications to any other person; |
| 5. | When that person's driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles; |
| 6. | When the effect of that person's driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles has been suspended; |
| 7. | When that person performs any illegal act in connection with the performance of his/her work; |
| 8. | When that person educates prospective drivers in driving motor vehicles in return for any payment in violation of the provisions of Article 116; and |
| 9. | When that person violates any order provided for in this Act or any order given pursuant to this Act or any disposition taken pursuant to this Act. |
| (5) | The superintendent of any Specialized Driving School shall be prohibited from getting anyone who is not a instructor to educate prospective drivers in subjects and skills necessary to drive motor vehicles. |
법령 이단보기
| Article 107 (Skill Examiners) |
| (1) | Anyone who intends to become a skill examiner shall pass the examination for qualifying as a skill examiner that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs and shall complete the training and education about the examination of skills to drive motor vehicles in any of the Specialized Institutions designated by the Commissioner General of the National Police Agency. |
| (2) | The Commissioner General of the National Police Agency shall deliver certificates of qualifications of skill examiners to persons who complete the training and education referred to in the provisions of paragraph (1) under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (3) | The person falling under any of the following subparagraphs shall be prohibited from becoming a skill examiner: |
| 1. | Anyone who is younger than 27 years of age; |
| 2. | Anyone who falls under the provisions of Article 76 (3) 2 or 3; |
| 3. | Anyone for whom 3 years have yet to elapse since the date on which his/her qualifications as a skill examiner are revoked pursuant to the provisions of paragraph (4); and |
| 4. | Anyone who fails to receive a driver's license necessary for him/her to drive any motor vehicle used to perform skill examinations and for whom 3 years have yet to elapse since the date on which he/she received a driver's license. |
| (4) | The Commissioner of the Local Police Agency may, when any skill examiner falls under any of the following subparagraphs, revoke the examiner's qualifications as a skill examiner according to the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs or suspend the effects of the qualifications as a skill examiner within the duration of not more than one year:Provided, That in cases where the examiner falls under subpragraphs 1 through 6, the qualifications as a skill examiner shall be revoked: |
| 1. | When an examiner falsely proves that he/she has passed an examination to qualify as a skill examiner; |
| 2. | When an examiner takes delivery of the certificate of qualifications as the skill examiner by false and illegal means; |
| 4. | When an examiner performs any skill examination during a period in which his/her qualifications as skill examiner are suspended; |
| 5. | When an examiner lends his/her certificate of qualifications as skill examiner to any other person; |
| 6. | When an examiner driver's license that enables him/her to drive a motor vehicle used to perform skill examinations has been revoked; |
| 7. | When the effect of an examiner's driver's license necessary for him/ her to drive a motor vehicle used to perform skill examinations are suspended; |
| 8. | When an examiner performs any illegal act with respect to the work of skill examiners; and |
| 9. | When an examiner violates any order provided for in this Act, any order given pursuant to this Act or any disposition taken pursuant to this Act. |
법령 이단보기
| Article 108 (Skill Examinations) |
| (1) | The Commissioner of the Local Police Agency may require the superintendent of any Specialized Driving School to perform the skill examination of students of the relevant specialized driver educational institution under the conditions as prescribed by the Presidential Decree in order to determine whether they have skills to drive their motor vehicles or drive their motor vehicles on the road pursuant to the provisions of Article 83 (1) 4 and paragraph (2) of the same Article (hereinafter referred to as the"skill examination"). |
| (2) | The superintendent of any Specialized Driving School shall require skill examiners to perform a skill examination for any person falling under any of the following subparagraphs under the conditions as prescribedby the Ordinance of the Ministry of Government Administration and HomeAffairs: |
| 1. | Anyone who has completed skill training aimed at upgrading the skills necessary to drive any motor vehicle (hereinafter referred to as"skill training in a School"); and |
| 2. | Anyone who completes skill training aimed at upgrading skills necessary to drive any motor vehicle on a road pursuant to the provisions of Article 83 (2) (hereinafter referred to as"driving training on a road"). |
| (3) | The superintendent of any Specialized Driving School shall be prohibited from allowing anyone who is not a skill examiner to perform any skill examination. |
| (4) | Every skill examiner shall attest to in writing, those persons who successfully undergo the skill examination held by him/her under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (5) | With respect to persons who are attested to in writing by any skill examiner as those who successfully undergo a skill examination, the superintendent of every specialized driving school shall deliver a certificate of completion or a certificate of graduation to each of such persons according to the relevant kinds of skill examination under conditions asprescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
법령 이단보기
| Article 109 (Training and Education, etc. for Instructors, etc.) |
| (1) | The Commissioner of the Local Police Agency may, when it is deemed necessary to upgrade the quality of persons falling under any of the following subparagraphs, conduct training and education for them under the conditions as prescribed by the Presidential Decree. In this case, any person who has established and operates a driving School, etc. and who is notified of the training and education shall conduct the training and education for them unless special grounds prevent such person from doing so and shall take measures to arrange for the persons referred to in subparagraphs 2 and 3 to participate in such training and education: |
| 1. | Any person who has established and operates a driving school, etc.; |
| 2. | Any lecturer of a driving school, etc.; and |
| (2) | Any person who has established and operates a driving Schools shall publically post the names, ages and careers of instructors as well as educational subjects of such driving School under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
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| Article 110 (Lecture Fees, etc.) |
| (1) | Any person who has established and operates a driving School, etc. may collect lecture fees, funds needed to perform skill examinations pursuant to the provisions of Article 108, or usage charges (hereinafter referred to as"lecture fees, etc.") from students. |
| (2) | Any person who has established and operates a driving School, etc. shall determine lecture fees, etc. taking into account the content of education, education hours, etc. and then publically display them in the driving School, etc. under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (3) | Any person who has established and operates a driving School, etc. shall be prohibited from receiving any money in excess of lecture fees, etc. that are publically displayed pursuant to the provisions of para graph (2). |
| (4) | The Commissioner of the Local Police Agency may, when it is recognized that the education of driving schools is feared to be flimsy on the grounds of an excessive reduction in lecture fees, etc., order the driving schools to adjust the excessive reduction therein under the conditions as prescribed by the Presidential Decree.<Newly Inserted by Act No. 7936, Apr. 28, 2006> |
법령 이단보기
| Article 111 (Refund of Lecture Fees, etc.) |
| (1) | Anyone who has established and operates a driving School, etc., shall, in cases where students are unable to attend lectures or that person is unable to continue to operate the driving education on the grounds that the registration of the driving School has been revoked, the relocation of the driving School, the operation of the driving School has been suspended, or the designation of the driving school has been revoked, take measures to refund lecture fees paid by students and shall protect students by assisting them to enroll in another driving school. |
| (2) | Necessary matters concerning the grounds for the refund of lecture fees, etc., the amount of refund and measures, etc. taken to assist students to enroll in another driving school as referred to in the provisions of paragraph (1) shall be prescribed by the Presidential Decree. |
| (3) | In cases where students are enrolled in other driving Schools pursuant to the provisions of paragraph (1), the education hours during which students are educated in the previous driving School shall be deemed the education hours of any other driving School in which such students are enrolled. |
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| Article 112 (Report on Suspension or Closing of Driving School) |
In cases where anyone who has established and operates a driving school closes, or suspends the operation of the driving School for a period of not less than one month, that person shall make a report thereon to the Commissioner of the Local Police Agency within 7 days from the date on which he/she closes, or suspends the operation of the driving School under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs.
법령 이단보기
| Article 113 (Administrative Disposition Taken on Driving School, etc.) |
| (1) | The Commissioner of the Local Police Agency shall, when a driving School, etc. falls under any of the following subparagraphs, revoke its registration or order the operation of the driving School, etc. suspended for a period of not more than one year according to the standards setby the Ordinance of the Ministry of Government Administration and Home Affairs:Provided, That when the driving school falls under subparagraph 1, its registration shall be revoked: |
| 1. | When a driving School has been registered pursuant to the provisions of Article 99 or has been designated pursuant to the provisions of Article 104 (1) by false or illegal means; |
| 2. | When a driving School falls short of the facility standards provided for in the provisions of Article 101; |
| 3. | When a driving School fails to open by the time 2 months have elapsed since the date on which it is scheduled to open without justifiable grounds; |
| 4. | When a driving School suspends its operation for not less than 2 months without justifiable grounds; |
| 5. | When a driving School operates by illegal means, changing registered matters without registering such changes; |
| 6. | When a driving School violates the standards for posting instructors provided for in the provisions of Article 103 (1) or the standards for posting skill examiners and instructors provided for in the provisions of Article 104 (1) 2; |
| 7. | When a driving school conducts its education in contrary to the educational courses, educational methods and the operation standards provided for in the provisions of Article 103 (2) or 104 (1) 4; |
| 8. | When anyone who has established and operates a driving School, etc. fails to comply with a request for training and education, and to take measures for instructors and skill examiners of the driving School to undergo training and education in violation of the latter portion of the provisions of Article 109 (1); |
| 9. | When a driving School fails to submit materials or to make a reportpursuant to the provisions of Article 141 (2) or submits false materials or makes a false report; |
| 10. | When a driving School rejects, impedes or evades access and inspection by public officials in charge of driving Schools provided for in the provisions of Article 141 (2); |
| 11. | When a driving School fails to comply with an order given to improve its facilities and equipment pursuant to the provisions of Article 141 (2) and any other order with respect necessary matters; and |
| 12. | When a driving School violates this Act, any order given pursuant to this Act or any disposition taken pursuant to this At. |
| (2) | When any specialized driving school falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may revoke the registration of such Specialized Driving School and order the operation of such specialized driving school suspended for a period of not more than one year, according to the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs: |
| 1. | When a Specialized Driving School fails to conduct traffic safety education as provided for in the provisions of Article 74 (1); |
| 2. | When a Specialized Driving School meets the grounds for which a disposition can be taken to revoke the designation of any traffic safety educational institution provided for in the provisions of any subparagraph of Article 79; |
| 3. | When the operation of a Specialized Driving School is not in conformity with the standards provided for in the provisions of Article 104 (1) 4; |
| 4. | When a Specialized Driving School fails to obtain approval to change important matters, in violation of the provisions of Article 104 (3); |
| 5. | When the superintendent of a Specialized Driving School gets anyone who is not a instructor to conduct driving training or skill training in violation of the provisions of Article 106 (5); |
| 6. | When a Specialized Driving School performs the skill examination of any person who has not completed subjects concerning the driving of motor vehicles and skill education, or skill examination of any other person who has not completed driving training on a road, in violation of the provisions of Article 108 (2); |
| 7. | When the superintendent of a Specialized Driving School allows anyonewho is not a skill examiner to examine skills, in violation of the provisions of Article 108 (3); |
| 8. | When any skill examiner of a Specialized Driving School falsely verifies a successful result for any skill examination test in violation of the provisions of Article 108 (4); |
| 9. | When the superintendent of the Specialized Driving School delivers a certificate of completion or a certificate of graduation to anyone who has failed to pass a skill examination, in violation of the provisions of Article 108 (5); and |
| 10. | Deleted.<by Act No. 7936, Apr. 28, 2006> |
〈This subparagraph is deleted by the Act no. 7936 promulgated on April 28, 2006 according to the decision of unconstitutionality made by the Constitutional Court on July 21, 2005〉
| (3) | The Commissioner of the Local Police Agency may, when any specialized driving school falls under any of the following subparagraphs, revoke the designation thereof according to the standards that are set by the Ordinance of the Ministry of Government Administration and Home Affairs: |
| 1. | When a Specialized Driving School is found not to be in conformity with the standards for designation provided for in the provisions of Article 104 (1) 1 through 3; and |
| 2. | When the operation of a Specialized Driving School is suspended pursuant to the provisions of paragraphs (1) and (2). |
| (4) | The Commissioner of the Local Police Agency may, when a driving School, etc. continues to operate in violation of an order given to suspend its operation pursuant to the provisions of paragraph (1) or (2), revoke its registration according to the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs or may order the operation of the driving school, etc, suspended for a fixed period of not more than one year. |
법령 이단보기
| Article 114 (Hearings) |
The Commissioner of the Local Police Agency shall, when intending to revoke the registration or designation, etc. of any driving School, etc. pursuant to the provisions of Article 113, hold a hearing with regard thereto.
법령 이단보기
| Article 115 (Measures Taken against Driving Schools, etc.) |
| (1) | In cases where any driving School established and operated withouthaving been registered or designated pursuant to the provisions of Article 99 or 104 (1), or any other driving School whose registration is revoked pursuant to the provisions of Article 113, or is subject to a disposition taken to suspend its operation continues to conduct driving training, the Commissioner of the Local Police Agency may take the measures falling under either of the following subparagraphs to close the relevant driving school, etc. or suspend the operation thereof: |
| 1. | Measures to remove the signboard and signs of a driving School, etc.and install facilities used to prevent students from entering the drivingSchool, etc.; and |
| 2. | Measures to affix signs to the driving school, etc., which publically inform that the relevant driving school, etc. is an un-registered or non-designated establishment and is subject to an administrative disposition taken pursuant to the provisions of Article 113; |
| (2) | The measures referred to in the provisions of paragraph (1) shall be taken within the minimum extent necessary to accomplish the objectives thereof. |
| (3) | Public officials in charge of the measures referred to in the provisions of paragraph (1) shall carry certificates evidencing their authority and shall produce them to persons concerned. |
법령 이단보기
| Article 116 (Prohibition on Unregistered and Paid Driver Education) |
Anyone who fails to have his/her driving school registered pursuant to the provisions of Article 99 shall be prohibited from performing an actfalling under either of the following subparagraphs in return for payment: | 1. | Driving training conducted outside a driving School, etc, or conducted in a driving School, etc, after borrowing the name of a driving school, etc.; and |
| 2. | Installing facilities that are used to conduct driving practice or soliciting people to make use of such facilities. |
법령 이단보기
| Article 117 (Prohibition on Using Similar Names) |
| (1) | Anyone who fails to have his/her driving School registered pursuant to the provisions of Article 99 shall be prohibited from displaying oradvertising its trading name using any name similar to that of the driving school. |
| (2) | Anyone who fails to have his/her driving school registered pursuantthe provisions of Article 99 shall be prohibited from affixing any sign similar to that of a motor vehicle of any driving school, which is used for driving training on a road, on any motor vehicle that he/she owns or rents. |
| (3) | Any driving school that is not a Specialized Driving School provided for in this Act shall be prohibited from using the title"Specialized Driving School"or any title similar thereto. |
법령 이단보기
| Article 118 (Legal Fiction of Superintendents of Specialized Driving Schools as Public Officials) |
The superintendent or vice superintendent of any specialized driving school,when verifying the details of skill examinations and lecture participation, skill examiners, when conducting skill examinations and lectures, when verifying lecture participation shall be deemed public officials in the application of the Criminal Act and the penal provisions of other Acts.
법령 이단보기
| Article 119 (Federation of Specialized Driving Schools) |
| (1) | The founders of specialized driving schools may form the Federation of Specialized Driving Schools (hereinafter referred to as the"Federation") in order to ensure the sound development of Specialized Driving Schools and facilitate mutual cooperation between them and their common interests. |
| (2) | The Federation shall be a corporation. |
| (3) | The matters falling under each of the following subparagraphs shall be entered in the articles of association of the Federation: |
| 3. | The location of its principal office; |
| 4. | Matters concerning the board of directors and its members; |
| 5. | Matters concerning its officers and employees; |
| 6. | Matters concerning its work; |
| 7. | Matters concerning its property and accounting; and |
| 8. | Matters concerning any change in the articles of association. |
| (4) | The articles of association referred to in the provisions of paragraph (3)shall be authorized by the Commissioner General of the National Police Agency. The same shall apply to a case where the articles of association is changed. |
| (5) | The Federation shall perform the work falling under each of the following subparagraphs: |
| 1. | The study of ways to develop the Specialized Driving School system; |
| 2. | The development of educational facilities and teaching materials of Specialized Driving Schools; |
| 3. | The study and development of ways to examine education and skills that are conducted by Specialized Driving Schools; |
| 4. | Projects aimed at facilitating the education, training and welfare of the superintendents, vice superintendents, skill examiners and instructors of Specialized Driving Schools; |
| 5. | Matters commissioned by the Commissioner General of the National Police Agency; and |
| 6. | Other projects necessary to attain the objectives of the Federation. |
| (6) | The Commissioner General of the National Police Agency shall supervise the Federation under the conditions prescribed by the Presidential Decree and may give orders necessary to ensure the sound operation of the Federation. |
| (7) | The provisions governing incorporated associations under the Civil Act, with the exception of the provisions of this Act governing the Federation shall applymutatis mutandisto the Federation. |
CHAPTER XI ROAD TRAFFIC SAFETY AUTHORITY
법령 이단보기
| Article 120 (Establishment of Road Traffic Safety Authority) |
| (1) | The Road Traffic Safety Authority (hereinafter referred to as the"Authority") shall be established in order to prevent traffic danger and impediments on roads by keeping traffic in good order and raising the traffic safety through education, public relations, study and technological development of traffic safety. |
| (2) | The Authority shall be a juristic person. |
| (3) | Necessary matters concerning the establishment and the registration of the Authority shall be prescribed by the Presidential Decree. |
법령 이단보기
| Article 121 (Establishment of Branch Offices, etc.) |
The Authority may have branch offices, sub-branch offices, a research institute, a traffic accident analysis center, an educational institution and a traffic report broadcasting station, etc.
법령 이단보기
| Article 122 (Articles of Association) |
| (1) | The matters falling under each of the following subparagraphs shall be entered in the articles of association of the Authority: |
| 3. | The location of its principal office; |
| 4. | Matters concerning its projects; |
| 5. | Matters concerning the board of directors; |
| 6. | Matters concerning its officers and employees; |
| 7. | Matters concerning its property and accounting; |
| 8. | Matters concerning its operational fund; |
| 9. | Matters concerning publication; and |
| 10. | Matters concerning any change in the articles of association. |
| (2) | The Authority shall, when it intends to amend its articles of association, obtain authorization thereon from the Commissioner General of the National Police Agency. |
법령 이단보기
| Article 123 (Projects) |
The Authority shall undertake projects falling under each of the following subparagraphs:
| 1. | Surveying and studies conducted to map out measures to ensure the road traffic safety; |
| 2. | The research and development of road traffic safety technology, its dissemination and technical services; |
| 3. | Public relations and broadcasts concerning road traffic safety; |
| 4. | Education and training concerning road traffic safety and the issuance and management of certificates of qualifications; |
| 5. | Testing, inspection, operation and management of traffic safety facilities and traffic patrol equipment as well as technical support; |
| 6. | The collection, publishing and distribution of data pertaining to road traffic safety; |
| 7. | The recommendation of ways to resolve problems involving in the enforcement of Acts and subordinate statutes governing roads and traffic; |
| 8. | The introduction of foreign technology used to ensure the safety of road traffic and international cooperation with foreign organizations involved in road traffic safety; |
| 9. | Technical support for the administration of road traffic safety and support for educating and training public officials in charge of road traffic administrative affairs; |
| 10. | The inspection and analysis of road traffic accidents and related support services; |
| 11. | The work of the road traffic safety commissioned by the State or local governments; |
| 12. | Other work incidental to the work referred to in subparagraphs 1 through 11; and |
| 13. | Other work necessary to attain the objectives of the Authority. |
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| Article 124 (Bearing of Expenses, etc.) |
When the Authority is commissioned by any corporation, organization or individual to perform the work related to the project activities provided for in the provisions of Article 123, it may receive necessary expenses from such corporation, organization or individual.
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| Article 125 (Officers) |
| (1) | The Authority shall have not more than 5 directors, including one president and one auditor. |
| (2) | The president and the auditor shall be appointed and dismissed by the Commissioner General of the National Police Agency and the directors shall be appointed by the president after obtaining approval therefor from the Commissioner General of the National Police Agency. |
| (3) | The terms of office of the president, directors and auditor shall be 2 years. |
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| Article 126 (Duties of Officers) |
| (1) | The president shall represent the Authority and exercise overall control of the administrative affairs of the Authority. |
| (2) | The auditor shall audit the accounting and work of the Authority. |
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| Article 127 (Grounds of Disqualification of Officers) |
| (1) | Anyone falling under any of the following subparagraphs shall be disqualified as an officer of the Authority: |
| 1. | Anyone who falls under subparagraph 2 (a), (b) or (e) through (h) of Article 105; and |
| 2. | Anyone who has been sentenced to imprisonment without prison labor or heavier punishment and for whom 2 years have yet to elapse since the date on which the execution of the sentence was terminated (including cases where the execution of the sentence is deemed terminated) or a stay of the execution was made definite. |
| (2) | When any officer falls under either subparagraph of paragraph (1) and is found to fall under any of each subparagraph of paragraph (1) at the time the officer was appointed, he/she shall be dually dismissed. |
| (3) | The effect of any act performed by such officer up until being dismissed pursuant to the provisions of paragraph (2) shall not lose its effect. |
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| Article 128 (Board of Directors) |
| (1) | The Authority shall have a board of directors mandated to determine the important matters of the Authority. |
| (2) | The board of directors shall be composed of the president and directors. |
| (3) | The president shall convene meetings of the board of directors and shall be the chairman of the board of directors. |
| (4) | The board of directors shall operate with the attendance of a majority of the total directors on the register and pass resolutions with the concurrent vote of a majority of those present. |
| (5) | The auditor may attend any meeting of the board of directors to state his/her opinions. |
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| Article 129 (Employees) |
The employees of the Authority shall be appointed or dismissed by the president under the conditions as prescribed by the articles of association.
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| Article 130 (Operational Funds) |
| (1) | The funds needed to operate the Authority and to undertake projects for road traffic safety shall be appropriated from the financial resources falling under any of the following subparagraphs: |
| 1. | Contributions and donations from the central government, local governments or individuals; |
| 2. | Revenues that accrue from projects provided for in the provisions of Article 123; |
| 3. | Profits that accrue from the management and operation of assets; |
| 4. | Subsidies, loans and borrowings (including any funds and any materials introduced from foreign countries); and |
| (2) | The Authority may, in case where it is deemed necessary to undertake projects provided for in the provisions of Article 123, borrow funds and receive subsidies and borrowings after obtaining approval therefor from the Commissioner General of the National Police Agency. |
| (3) | When the authority has any surplus arising from the settlement of accounts at the end of any business year, it shall offset any loss brought forward and transfer any remainder to the annual revenues of the following year. |
| (4) | Necessary matters concerning the purposes for the spending of and procedures for spending subsidies, loans or borrowings provided for in the provisions of paragraph (1) 4 shall be prescribed by the Presidential Decree. |
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| Article 131 (Investments, etc.) |
| (1) | In cases where it is necessary to efficiently undertake projects, the Authority may invest in or contribute to projects provided for in the provisions of Article 123. |
| (2) | When the Authority intends to make any investment or contributionspursuant to the provisions of paragraph (1), it shall obtain approval therefor from the Commissioner General of the National Police Agency under the conditions as prescribed by the Presidential Decree. |
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| Article 132 (Gratuitous Leases of State-Owned Properties) |
Where it is necessary to operate the facilities of the Authority, the State or local governments may gratuitously lease State-owned properties and public properties to the Authority.
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| Article 133 (Business Year) |
The business year of the Authority shall be the same as the fiscal year of the government.
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| Article 134 (Approval of Project Plan) |
The Authority shall develop a project plan for each business year in advance and then obtain approval therefor from the Commissioner General of the National Police Agency. The same shall apply to a case where the Authority intends to amend any such project plan.
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| Article 135 (Submission of Written Settlement of Accounts) |
The Authority shall prepare a written settlement of accounts for each business year and submit the written settlement of accounts after undergoing accounting audit thereof by a certified public accountant designated by the Commissioner General of the National Police Agency to the Commissioner General of the National Police Agency by the end of February of the following year.
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| Article 136 (Mutatis MutandisApplication of Civil Act) |
The provisions of the Civil Act governing incorporated foundations shall applymutatis mutandisto the Authority unless otherwise prescribed by this Act.
CHAPTER XII SUPPLEMENTARY PROVISIONS
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| Article 137 (Management and Provision, etc. of Information Pertaining to Drivers) |
| (1) | The Commissioner of the Local Police Agency or the head of each policestation shall electronically register and manage the information pertaining to drivers'licenses, traffic accidents and violations of traffic Acts and regulations. |
| (2) | Any driver or his/her agent may file an application with the Commissioner of the Local Police Agency or the head of any police station foracertificate of confirmation of the information referred to in the provisions of paragraph (1) under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
| (3) | Upon receiving the application referred to in the provisions of paragraph (2), the Commissioner of the Local Police Agency or the head of every police station shall certify confirmation of information pertaining to the driver in the form of a document under the conditions as pre scribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
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| Article 138 (Keeping of Drivers'Licenses, etc. in Custody) |
| (1) | When any driver of the motor vehicle falls under any of the following subparagraphs, police officers may deliver a notice for the payment of penalties or a written summary provided for in the provisions of Article 164 to the driver of any motor vehicle and request the driver to surrender his/her driver's licence in order to keep it in custody. In this case, the fact that a driver's license is kept in custody shall be entered in the notice for the payment of a penalty or the written summons: |
| 1. | When a driver causes any traffic accident; |
| 2. | When it is recognized that a driver is subject to a disposition taken to revoke or suspend his/her driver's license pursuant to the provisions Article 93; and |
| 3. | When anyone who holds an international driver's license issued in any foreign country in terms of the provisions of Article 96 commits an offense provided for in the provisions of Article 162 (1). |
| (2) | The notice for the payment of a penalty or the written summons referred to in the provisions of paragraph (1) shall have the same effect as that of a driver's license, etc. (excluding any driver's license for driving practice) until the date on which the penalty is paid or the date on which appearance is made pursuant to the summons. |
| (3) | In case where any autonomous police officer keeps any driver's license in custody pursuant to the provisions of paragraph (1), he shall promptly make a report on the fact, accompanied by the driver's license, etc. to the head of the competent police station.<Newly Inserted by Act No. 7969, Jul. 19, 2006> |
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| Article 139 (Fees) |
Anyone falling under any of the following subparagraphs shall pay fees set under the conditions prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs:
| 1. | Anyone who files an application for designating the emergency motor vehicle provided for in the provisions of subparagraph 20 of Article 2; |
| 2. | Anyone who files an application for permitting the traffic of a motor vehicle the width of which is wider than that of the roadway pursuant to the provisions of Article 14 (3); |
| 3. | Anyone who files an application for approval for persons to board any motor vehicle or to load goods onto any motor vehicle in excess of the safety standards provided for in the provisions of Article 39; |
| 4. | Anyone who files an application for designation of any traffic safety educational institution pursuant to the provisions of Article 74 (including the re-issue of a certificate of designation); |
| 5. | Anyone who files an application to apply for the driver's license test pursuant to the provisions of Article 83; |
| 6. | Anyone who files an application for the delivery or the re-issue of his/ her driver's license pursuant to the provisions of Articles 85 through 87; |
| 7. | Anyone who files an application for the assessment and management of the regular aptitude test and the frequent aptitude test or for extending the aptitude test or the renewal of the driver's license pursuant to the provisions of Articles 87 and 88; |
| 8. | Anyone who files an application for issue of a temporary drive certificate pursuant to the provisions of Article 91; |
| 9. | Anyone who files an application for issue of an international driver's license pursuant to the provisions of Article 98; |
| 10. | Anyone who files an application for designation of a Specialized DrivingSchool pursuant to the provisions of Article 104 (including an application filed for the re-issue a designation certificate); |
| 11. | Anyone who applies for a qualification examination for as lecturers or skill examiner pursuant to the provisions of Articles 106 and 107, or files an application for the issue of a certificate of qualification (including the re-issue of a certificate of qualification); |
| 12. | Anyone who files an application for skill examination pursuant to the provisions of Article 108; and |
| 13. | Anyone who files an application for a certificate of information pertaining to a driver pursuant to the provisions of Article 137 (2). |
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| Article 140 (Lecture Fees, etc. of Traffic Safety Educational Institutions) |
Anyone who conducts traffic safety education pursuant to the provisions of Article 73 (1) and the special traffic safety education pursuant to the provisions of paragraph (2) of the same Article may receive fixed lecture fees from students.
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| Article 141 (Guidance and Supervision, etc.) |
| (1) | The Commissioner of the Local Police Agency shall properly guide and supervise traffic safety educational institutions or driving Schools, etc. in order to ensure their sound development. |
| (2) | When it is deemed necessary, the Commissioner of the Local Police Agency may request the person falling under any of the following subparagraphs to submit or report matters concerning facilities, equipment and education and submit various statistical data, or cause public officials concerned to enter establishments concerned to inspect facilities, equipment, books and documents. In this case, the Commissioner of the Local Police Agency may order facilities and equipment to be upgraded if it is deemed necessary to do so: |
| 1. | The head of any traffic safety educational institution; |
| 2. | Anyone who establishes and operates any driving School; and |
| 3. | The superintendent of any Specialized Driving School provided for in the provisions of Article 104 (1) 1. |
| (3) | The public officials concerned who enter any traffic safety educational institution or driving School, etc. in order to perform inspections shall carry a certificate evidencing the officer's authority and produce it to persons concerned. |
| (4) | The Commissioner of the Local Police Agency shall supervise the work of the Authority and may issue orders necessary to accoomplish the objectives for which it is established. |
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| Article 142 (Relation With Administrative Litigation) |
No administrative litigation on any disposition that is taken pursuant to this Act shall be filed unless it has undergone an abjudication in an administrative trial.
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| Article 143 (Action bySi/Gun Public Officials against Motor Vehicles Traveling in Exclusive Lanes and Motor Vehicles Parking in Violation of Relevant Provisions) |
| (1) | When any driver is found to drive a motor vehicle in violation of the provisions of Articles 15 (3) or 32 through 34,Si/Gun public officials may issue a written notice forthwith clearly indicating the gist of such violation as well as the date on, and the place at which the offender is to appear before the head of the relevant police station (in the case of the Jeju Special Self-Governing Province, it shall refer to the Governor of the Jeju Special Self-Governing Province; hereafter in this Article the same shall apply) on the spot and request the driver to present his/herdriver's license to be kept it in custody under the conditions as prescribedby the Ordinance of the Ministry of Government Administration and Home Affairs. In this case, the written notice shall have the same effect as that of a driver's license until the date on which the driver appears.<Amended by Act No. 7969, Jul. 19, 2006> |
| (2) | When a Si/Gu public official delivers a written notice pursuant to the provisions of paragraph (1), the official shall furnish without delay the head of the competent police station with the written notice, accompanied by the driver's license. |
| (3) | The head of the competent police station shall, upon receiving the written notice furnished pursuant to the provisions of paragraph (2), confirm the act of violation. |
| (4) | Si/Gun public officials shall be prohibited from abusing their authority when delivering the written notice pursuant to the provisions of paragraph (1) and take any other measures. |
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| Article 144 (Development, etc. of Traffic Safety Rules and Guidelines for Traffic Safety Education) |
| (1) | The Commissioner General of the National Police Agency shall develop traffic safety rules in which the matters falling under each of the following subparagraphs are addressed and disseminate such traffic safety rules widely: |
| 1. | The provisions of Acts and subordinate statues governing road traffic safety; |
| 2. | Methods of handling motor vehicles and knowledge necessary to drive motor vehicles in a safe manner; and |
| 3. | Other matters necessary to ensure the safe and smooth flow of traffic by removing and preventing danger and impediment on the road. |
| (2) | The Commissioner General of the National Police Agency shall develop and disseminate guidelines for traffic safety education in which the matters falling under each of the following subparagraphs are addressed in order for persons who educate persons walking the road regarding traffic safety to educate them effectively and systematically: |
| 1. | Matters concerning the safe driving of motor vehicles; |
| 2. | Matters concerning the prevention and settlement of traffic accidents; |
| 3. | Matters concerning the safe movement of pedestrians; and |
| 4. | Other matters necessary to efficiently educate people in traffic safety. |
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| Article 145 (Provision of Traffic Information) |
The Commissioner of the Local Police Agency shall collect and analyze information necessary to ensure the safe and smooth flow of traffic and provide the public with the results thereof without delay.
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| Article 146 (Merit Points for Accident-Free and Meritorious Drivers) |
| (1) | The Commissioner General of the National Police Agency may award merit points for accident-free and meritorious driving to any person who has not caused any traffic accidents while driving a motor vehicle after holding a driver's license for a certain period and any other person who has received a merit award from the head of any policy agency pursuant to the Acts and subordinate statutes governing the citations by the government. |
| (2) | The kinds of the merit points referred to in the provisions of paragraph (1), persons who are eligible for merit points and necessary matters concerning the awarding of merit points shall be prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. |
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| Article 147 (Commission and Entrustment) |
| (1) | The mayor, etc. may commission part of his/her authority and clerical work provided for in this Act to the Commissioner of the Local Police Agency or the head of a police station or entrust the Commissioner of the Local Police Agency or the head of a police station with part of his/ her authority and clerical work provided for in this Act under the conditions as prescribed by the Presidential Decree. |
| (2) | The Special Metropolitan City Mayor and the Metropolitan City Mayor may commission part of his/her authority provided for in this Act to the head of Gu and Gun under his/her jurisdiction under conditions as prescribed by the Presidential Decree. |
| (3) | The Commissioner of the Local Police Agency may commission part of his/her authority or his/her clerical work provided for in this Act to the head of the competent police station or entrust the specialized traffic educational institution or the specialized research institution with part of his/her authority or his/her clerical work. |
| (4) | The Commissioner of the Local Police Agency or the head of any police station may commission part of the clerical work that is commissioned or entrusted by the Mayor, etc. to a specialized traffic educational institution or a specialized research institution under the conditions as prescribed by the Presidential Decree. |
| (5) | The Commissioner of the Local Police Agency may commission part of his/her authority regarding drivers'licenses provided for in this Act to the head of any administrative agency in charge of driver's licence tests. |
CHAPTER XIII PENAL PROVISIONS
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| Article 148 (Penal Provisions) |
Anyone who has failed to take necessary measures when a traffic accident as provided for in the provisions of Article 54 (1) occurs shall be punished by imprisonment with prison labor for not more than 5 years or by a fine not exceeding 15 million won.
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| Article 149 (Penal Provisions) |
| (1) | Anyone who has operated signal apparatus and removed, relocated or damaged traffic safety facilities without approval therefor in violation of the provisions of Article 68 (1) shall be punished by imprisonment with prison labor for not more than 3 years or by a fine not exceeding 7 million won. |
| (2) | Anyone who has caused any traffic danger on any road by way of any act referred to in the provisions of paragraph (1) shall be punished by imprisonment with prison labor for not more than 5 years or by a fine not exceeding 15 million won. |
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| Article 150 (Penal Provisions) |
Anyone falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than 2 years or by a fine not exceeding 5 million won:
| 1. | Anyone who has driven a motor vehicle while intoxicated in violation of the provisions of Article 44 (1); |
| 2. | Anyone who has been reasonably considered to be drunk and has refused to comply with the request of any policy officer to take a breath test provided for in the provisions of Article 44 (2); |
| 3. | Anyone who has driven a motor vehicle in a state under which he/she has been feared to be unable to drive a motor vehicle normally due to being under the influence of drugs, in violation of the provisions of Article 45; |
| 4. | Any traffic safety education instructor who has made a false report on the details of lecture participants as provided for in the provisions of Article 77 (1); |
| 5. | The head of any traffic safety educational institution who has issued a certificate of the education completion to anyone who has not participated in such education or has fallen short of the standards, in violation of the provisions of Article 77 (2); |
| 6. | Anyone who has registered a driving school provided for in the provisions of Article 99 and has a Specialized Driving School provided for in the provisions of Article 104 (1) designated by false and illegal means; |
| 7. | Anyone who has issued any certificate of completion or any certificate of graduation provided for in the provisions of Article 108 (5) without having a Specialized Driving School designated pursuant to the provisions of Article 104 (1); and |
| 8. | Anyone who has conducted driving education for motor vehicles inreturn for fees, in violation of the provisions of Article 116. |
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| Article 151 (Penal Provisions) |
When the driver of any motor vehicle damages the building or goods of any other person due to negligent disregard or gross negligence, he/she shall be punished by imprisonment with prison labor for not more than 2 years or by a fine not exceeding 5 million won.
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| Article 152 (Penal Provisions) |
Anyone falling under any of the following subpragraphs shall be punished by imprisonment with prison labor for not more than 1 year or by a fine not exceeding 3 million won:
| 1. | Anyone who has driven a motor vehicle without obtaining a driver's license (excluding a motorcycle driver's license; hereafter the same shall apply in this Article) pursuant to the provisions of Article 80 (including cases where the effect of the driver's license is suspended) or an international driver's license (including cases where the driving of any motor vehicle is prohibited and the effective period has ex pired) pursuant to the provisions of Article 96, in violation of the provisions of Article 43; |
| 2. | Any employer who has caused any person without a driver's license (including any person for whom the effect of his/her driver's license is suspended) to drive any motor vehicle in violation of the provisions of Article 56 (2); |
| 3. | Anyone who has received a driver's license or a certificate of a driver'slicense or any certificate in lieu of a driver's license by false and illegal means; |
| 4. | Anyone who disposed of articles on the road, which can impede the flow of traffic without permission therefor, in violation of the provisions of Article 68 (2); |
| 5. | The head of any traffic safety educational institution who has caused any person who is not a traffic instructor to conduct the traffic safety education in violation of the provisions of Article 76 (4); and |
| 6. | Anyone who has used any similar name, etc, in violation of the provisions of Article 117. |
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| Article 153 (Penal Provisions) |
Anyone falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than 6 months, by a fine not exceeding 2 million won or by penal detention:
| 1. | Anyone who has caused any other person to drive any poorly repaired motor vehicle or has driven any poorly repaired motor vehicle in violation of the provisions of Article 40; |
| 2. | Anyone who has not complied with or has rejected or impeded any request, any measure or any order of police officers pursuant to the provisions of Article 411, 47 or 58; |
| 3. | Anyone who has endangered any other person or has caused traffic danger by engaging in dangerous conduct in violation of the provisions of Article 46; |
| 4. | Anyone who has impeded the act of making a report or taking measures when any traffic accident occurs, in violation of the provisions of Article 55; |
| 5. | Anyone who has installed traffic safety facilities or other facilities similar thereto without permission therefor, in violation of the provisions of Article 68 (1); and |
| 6. | Anyone who has driven a motor vehicle in violation of the conditions provided for in the provisions of Article 80 (3) or paragraph (4) of the same Article. |
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| Article 154 (Penal Provisions) |
Anyone falling under any of the following subparagraphs shall be punished by a fine not exceeding 300,000 won or by penal detention:<Amended by Act No. 7666, Aug. 4, 2005>
| 1. | Anyone who has used the paintings, the signs, etc. or has driven a motor vehicle with such paintwork, markings, etc. in violation of the provisions of Article 42; |
| 2. | Anyone who has driven a motorcycle without obtaining a motorcycle driver's license as provided for in the provisions of Article 80, in violation of the provisions of Article 43; |
| 3. | Anyone who has driven a motor vehicle in a condition that makes it impossible for him/her to drive normally due to overwork or illness, in violation of the provisions of Article 45; |
| 4. | Anyone who has failed to make a report or take measures when any traffic accident occurs, pursuant to the provisions of Article 54 (2); |
| 5. | Any employer who has caused any other person who has not obtained a motorcycle driver's license, in violation of the provisions of Article 56 (2); |
| 6. | Anyone who has walked or crossed any expressway, etc. in violation of the provisions of Article 63; |
| 7. | Anyone who has failed to make a report on his road work provided for in the provisions of Article 69 (1), has violated the measures provided for in the provisions of paragraph (2) of the same Act or anyone who has failed to install the traffic safety facilities provided for in the provisions of paragraph (3) of the same Article or has failed to restore the traffic safety facilities to their original state in violation of the provisions of paragraph (4) of the same Article; and |
| 8. | Anyone who has violated any order given by the head of a police station pursuant to the provisions of Article 71 (1). |
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| Article 155 (Penal Provisions) |
Anyone who has failed to comply with the request of any police officer to produce his/her driver's license in violation of the provisions of Article 92 (2) shall be punished by a fine not exceeding 200,000 won or by penal detention.
법령 이단보기
| Article 156 (Penal Provisions) |
Anyone falling under any of the following subparagraphs shall be punished by a fine not exceeding 200,000 won, by penal detention or by finefor negligence:
| 1. | The driver of any motor vehicle or the rider of any horse who has violated the provisions of Article 5, Article 13 (1) through (3) and (5), Article 14 (2) through (4), Article 15 (3) (including cases where the provisions aremutatis mutandisapplied in Article 61 (2)), Article 16, Article 17 (3), Articles 18 through 21, Article 24, Articles 25 through 28, Article 32, Article 33, Article 37, Article 38 (1), Article 39 (1) through (4), Article 48, Article 49, Article 50 (4) and (5), Article 51, Article 53 (1) and (2), Article 62, Article 73 (2) (limited to subparagraphs 2 and 3) or Article 92 1); |
| 2. | The driver of any motor vehicle who has violated any prohibition, restrictions or measures provided for in the provisions of Article 6 (1), (2) and (4) or Article 7; |
| 4. | Anyone who has violated the provisions of Article 31, 34 or 52 (2) and (4) or any order given pursuant to the provisions of Article 35 (1); |
| 5. | Anyone who has violated any restrictions imposed by the Commissioner of the Local Police Agency pursuant to the provisions of Article 39 (5); |
| 6. | Any driver who has failed to fasten his/her safety belt or to wear a life protection outfit, in violation of the provisions of Article 50 (1) and (3); |
| 7. | The driver of any motor vehicle who has violated the matters for observance on an expressway, etc. provided for in the provisions of Article 67 (2); |
| 8. | Anyone who has failed to undergo a regular aptitude test or frequent aptitude test in violation of the provisions of Article 87 (1) or 88 (1); and |
| 9. | Anyone who has failed to surrender his/her driver's license in violation of the provisions of Article 96 (1). |
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| Article 157 (Penal Provisions) |
Anyone falling under any of the following subpragraphs shall be punished by a fine not exceeding 200, 000 won, by penal detention or by a fine for negligence:
| 2. | Any pedestrian who has violated any prohibition, any restrictions or measure provided for in the provisions of Article 6 (1), (2), (4) or (7); |
| 3. | Pedestrians in a procession or the leader thereof, who have violated the provisions of Article 9 (1) or the measures taken by police officers pursuant to the provisions of paragraph (3) of the same Article; |
| 4. | Any care giver who has neglected to protect infants in violation of the provisions of Article 11 (1); and |
| 5. | Anyone who has performed any prohibited act on a road in violation of the provisions of Article 68 (3). |
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| Article 158 (Concurrent Sentence of Punishment) |
Anyone who has committed any offense provided for in this Chapter may be concurrently sentenced to a fine, fine for negligence or penal detention, depending on the circumstances.
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| Article 159 (Joint Penal Provisions) |
When the representative of any corporation, the agent of a corporationor an individual, or an employer or employee commits any act in violation of Articles 148 through 157 in connection with the business of a corporation or the individual, such corporation and individual shall be sentenced to a fine or a fine for negligence in addition to the punishment of the offender.
법령 이단보기
| Article 160 (Fine For Negligence) |
| (1) | Anyone falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 5 million won: |
| 1. | Anyone who has failed to make a report on the suspension or the discontinuation of the operation of a traffic safety educational institution in violation of the provisions of Article 78; |
| 2. | Anyone who has failed to post personnel matters concerning lectures and educational subjects in violation of the provisions of Article 109 (2); |
| 3. | Anyone who has failed to post lecture fees, etc, in violation of the provisions of Article 110 (2) or has received lectures fees in excess of the posted lecture fees in violation of the provisions of paragraph (3) of the same Article; |
| 4. | Anyone who has failed to take measures necessary to protect students, including the refund of lecture fees, etc., in violation of the provisions of Article 111; |
| 5. | Anyone who has failed to make a report on the suspension or the closure of a driving School or a Specialized Driving School in violation of the provisions of Article 112; and |
| 6. | Anyone who has removed signboards and signs provided for in the provisions of Article 115 (1) or has rejected, impeded or evaded the installation of facilities and the affix of signboards and signs or has removed installed facilities or affixed signboards and signs without permission therefor. |
| (2) | The person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 200,000 won: |
| 1. | Any driver who has failed to get all passengers to fasten their seat belts in violation of the provisions of Article 50 (1) and (2) or Article 67 (1); |
| 2. | Any driver who has failed to have all passengers wear their safety harnesses, in violation of the provisions of Article 50 (3); and |
| 3. | Any driver who has failed to have his/her driver's license renewed during the driver's license renewal period, in violation of the provisions of Article 87 (3). |
| (3) | In cases where any motor vehicle is proved by any photograph, any videotape or any visual recorder that it has violated the provisions of Article 5, 13(3), 15 (3) (including a case where the provisions aremutatis mutandisapplied in Article 61 (2)), 17 (3), 32 through 34 or 60 (1), and such motor vehicle falls under any instance of the following subparagraphs, the employer, etc. provided for in the provisions of Article 56 (1) shall be punished by a fine for negligence not exceeding 200,000 won: |
| 1. | Where it is impossible to deliver a written notice as provided for in the provisions of Article 143 (1) on the grounds of inability to identify the driver who has performed the violation (limited to cases where he/she violates the provisions of Article 15 (3), 32, 33 or 34); and |
| 2. | Where it is impossible to take a disposition to serve a notice pursuant to the provisions of Article 163. |
| (4) | Notwithstanding the provisions of paragraph (3), in cases falling under each of the following subparagraphs, a disposition shall not be taken to impose a fine for negligence: |
| 1. | Where the relevant motor vehicle has been stolen or where other inevitable circumstances exist; |
| 2. | Where a driver is punished pursuant to the provisions of Article 145 for the act of the relevant violation (including cases where the driver is subject to a disposition taken to serve a notice for payment of penalty pursuant to the provisions of Article 163); |
| 3. | Where a driver who has performed a violation is located as a result of raising an objection pursuant to the provisions of Article 161 (2); and |
| 4. | Where the relevant motor vehicle is clearly found to be a motor vehicle rented out by any car rental operator who only runs the business of renting out motor vehicles provided for in the Passenger Transport Service Act. |
법령 이단보기
| Article 161 (Imposition and Collection of Fines for Negligence) |
| (1) | The fine for negligence provided for in the provisions of Article 160 (1) through (3) shall be imposed and collected by the person falling under each of the following subparagraphs under the conditions as prescribed by the Presidential Decree:<Amended by Act No. 7969, Jul. 19, 2006> |
| 1. | The fine for negligence provided for in the provisions of Article 160 (1) through (3) (excluding a case where the traffic of exclusive lanes provided for in the provisions of Article 15 (3) and the stopping or parking of motor vehicles provided for in the provisions of Articles32 33 or34 are violated): the Commissioner of the Local Police Agency; |
| 2. | The fine for negligence provided for in the provisions of Article 160 (2) (limited to a case where the provisions of Article 50 (1) through (3) are violated) and (3) (limited to a case where the provisions of Article 5, 13 (3), 15 (3), 17 (3), 32, 33 or 34 are violated): the Governor of the Jeju Special Self-Governing Province; and |
| 3. | The fine for negligence provided for in the provisions of Article 160 (3) (limited to a case where the provisions of Articles 15 (3), 32, 33 or 34 are violated): the mayors, etc. |
| (2) | Anyone who is dissatisfied with a disposition taken to impose a fine for negligence on him/her pursuant to the provisions of paragraph (1) may raise an objection to the Commissioner of the Local Police Agency, the Governor of the Jeju Special Self-Governing Province or the mayor, etc. within 30 days from the date on which he/she is notified of such disposition.<Amended by Act No. 7969, Jul. 19, 2006> |
| (3) | When anyone who is subject to the disposition taken to impose a fine for negligence on him/her pursuant to the provisions of paragraph (2) raises an objection, the Commissioner of the Local Police Agency, the Governor of the Jeju Special Self-Governing Province or the mayor, etc. shall notify the competent court of the fact without delay and upon receiving the notification the competent court shall put the case of such fine for negligence in question on trial pursuant to the Non-Contentious Case Litigation Procedure Act.<Amended by Act No. 7969, Jul. 19, 2006> |
| (4) | When raises any objection within the period referred to in the provisions of paragraph (2) and fails to pay the relevant fine for negligence, the fine for negligence in question shall be collected according to the exampleof a disposition taken to collect national taxes or local taxes in arrears. |
CHAPTER XIV SPECIAL CASES CONCERNING HANDLING OF ACT OF OFFENSE
법령 이단보기
| Article 162 (General Provisions) |
| (1) | The term"offense"in this Chapter means the act of violation that falls under an offense referred to in any subparagraph of Article 156 or any subparagraph of Article 157. The specific scope of an offense shall be prescribed by the Presidential Decree. |
| (2) | The term"offender"in this Chapter means a person who commits an offense and falls under any of the following subparagraphs: |
| 1. | The driver of any motor vehicle who fails to produce his/her driver's license upon committing an offense; |
| 2. | Anyone who causes any traffic accident by way of his/her offense:Provided, That anyone who is not subject to punishment for an offense of professional negligence resulting in injury or death or a serious offense arising from professional negligence which results in injury or death, as provided for in the provisions of Articles 3 (2) and 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents or is exempted from the punishment provided for in the provisions of Article 151 of this Act shall be excluded; and |
| 3. | Anyone who holds an international driver's license provided for in the provisions of Article 96. |
| (3) | The term"penalty"in this Chapter means the amount that an offender must pay to the National Treasury or the depository of the Jeju Special Self-Governing Province in compliance with a notification disposition provided for in the provisions of Article 163 and the amount of penalties shall be prescribed by the Presidential Decree according to nature of the act offense and the type of motor vehicle, etc. involved.<Amended by Act No. 7969, Jul. 19, 2006> |
법령 이단보기
| Article 163 (Notification Disposition) |
| (1) | With respect to anyone who is deemed an offender, the head of police station or the Governor of the Jeju Special Self-Governing Province (in the case of the Governor of the Jeju Special Self-Governing Province, the act of violation provided for in the provisions of Articles 15 (3), 39 (5), 60, 62, 64 through 66, 67 (2), 73 (2) 2 and 3, 87 (1), 88 (1) and 95 (1) which are appliedmutatis mutandispursuant to the provisions of Article 6 (1) and (2), Article 61 (2) shall be excluded) may notify him/her of the payment of his/her penalty amount in the penalty payment notification clearly indicating the grounds for levy of such penalty:Provided, That the same shall not apply to any person falling under any of the following subparagraphs:<Amended by Act No. 7969, Jul. 19, 2006> |
| 1. | Anyone whose name and domicile are unidentified; |
| 2. | Anyone who is feared to abscond; and |
| 3. | Anyone who refuses to receive a penalty payment notification. |
| (2) | In case where the Governor of the Jeju Special Self-Governing Province takes a disposition to serve the notification pursuant to the provisions of paragraph (1), he/she shall notify the head of the competentpolice station of the fact.<Newly Inserted by Act No. 7969, Jul. 19, 2006> |
법령 이단보기
| Article 164 (Payment of Penalty) |
| (1) | Anyone who receives a penalty amount payment notification pursuant to the provisions of Article 163 shall pay such penalty to the national treasury account at any bank, at any branch office of such bank, at any agency of such bank and at any post office that are designated by the Commissioner General of the National Police Agency or any financial institution or its branch office that are designated by the Governor of the Jeju Special Self-Governing Province within 10 days from the date on which he/she receives a penalty payment notification:Provided, That when, he/she is unable to pay the penalty within the period on the grounds of natural disaster or inevitability, he/she shall pay the penalty within 5 days from the date on which the grounds of natural disaster or inevitability have ceased to exist.<Amended by Act No. 7969, Jul. 19, 2006> |
| (2) | Anyone who fails to pay the penalty within the payment period referred to in the provisions of paragraph (1) shall pay the amount of the penalty in addition to 20/100 of the amount of penalty of which he/she is notified within 20 days from the date following the date on which the payment period expires. |
| (3) | Anyone who pays a penalty pursuant to the provisons of paragraph (1) or (2) shall not be punished any further again for the selfsame offense. |
법령 이단보기
| Article 165 (Person Who Fails to Implement Notification Disposition) |
| (1) | The head of any police station shall promptly file a claim for summaryjudgment against anyone falling under any of the following subparagraphs:Provided, That the same shall not apply to anyone who falls under subparagraph 2 and pays the penalty that is added by 50/100 of the notified penal amount before the claim for such summary judgment is filed: |
| 1. | Anyone who falls under any subparagraph of Article 163; and |
| 2. | Anyone who fails to pay the penalty within the payment period provided for in the provisions of Article 164 (2). |
| (2) | When any dependent for whom summary judgment is claimed pursuant to the provisions of paragraph (1) 2 pays the penalty in addition to 50/100 of the amount of notified penalty and submits evidentially documents before the summary judgment is granted, the head of police station shall withdraw his/her claim for the immediate judgment. |
| (3) | Anyone who pays a penalty pursuant to the provisions of the proviso to paragraph (1), apart from any of its subparagraphs or the provisions of paragraph (2) shall not be punished any further for the selfsame offense. |
| (4) | In the case of anyone who falls under any subparagraph of para graph (1), the Governor of the Jeju Special Self-Governing Province shall promptly notify the head of the competent police station of the fact and transmit related documents to the head of the competent police station. In this case, the head of the competent police station shall, upon receiving the related documents, deal with him/her pursuant to the provisions of paragraphs (1) through (3).<Newly Inserted by Act No. 7969, Jul. 19, 2006> |
법령 이단보기
| Article 166 (Prohibition on Abuse of Official Authority) |
In taking the disposition for notification pursuant to the provisions of this Chapter, all police officers in charge of traffic crackdown shall be prohibited from abusing their official authority in deviating from their original objectives without permission therefor.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which one year elapses after its promulgation.
Article 2 (Precedent for Concerning Special Traffic Safety Education)
The amended provisions of Article 73 (2) 3 shall apply, commencing with the first novice driver who is subject to a disposition taken to suspend the effect of his/her driver's license after this Act enters into force. Article 3 (Precedent for Application Concerning Prohibition on Driving Motor Vehicle while Intoxicated)
The amended provisions of Article 82 (2) 5 and 93 (1) 2 shall apply, commencing with the first violation that is committed after June 30, 2001, being the date on which the Road Traffic Act amended by Act No. 6392 entered into force. In this case, the first violation committed or is committed after June 30, 2001 shall be deemed the first violation. Article 4 (Transitional Measures Concerning Previous Drivers'Licenses, etc.)
The act that is performed by any administrative agency and any act is performed on any administrative agency pursuant to the former provisions at the time of this Act enters into force shall be deemed an act performed by an administrative agency and an act performed on an administrative agency pursuant to this Act.
Article 5 (Transitional Measures Concerning Road Traffic Safety Authority)
The Road Traffic Safety Authority established pursuant to the former provisions at the time this Act enters into force shall be deemed the Road Traffic Safety Authority established pursuant to this Act.
Article 6 (Transitional Measure Concerning Refund of Contributions)
| (1) | An application may be filed for the refund of contributions that have already been made to the Road Traffic Safety Authority pursuant to the former provisions of Article 92-2 prior to the entering into force of the Road Traffic Act, Act No. 6565, within 5 years from January 1, 2002, being the date on which the Road Traffic Act amended by Act No. 6565 enters into force. In this case, with respect to any contribution for which no application is filed for the refund thereof during the application period,the claim for refund thereof shall be extinguished on the grounds of failureto meet the deadline. |
| (2) | The provisions of paragraph (1) shall apply to the adjusted amount as a result of the revocation of any driver's license and the cancellation of a motor vehicle registration prior to the entering into force of the Road Traffic Act, Act No. 6555, and the adjusted amount as a result of the lowering of the contributions since January 1, 1999. |
Article 7 (Transitional Measures Concerning Penal Provisions or Fine for Negligence)
The application of the penal provisions or a fine for negligence to the act that is performed prior to this Act entering into force shall be governed by the former provisions.
ADDENDA<Act No. 7666, Aug. 4, 2005>
| (1) | (Enforcement Date) This Act shall enter into force beginning on June 1, 2006. |
| (2) | (Application Example Concerning Measure Necessary to Shorten Work Period, etc.) The amended provisions of Article 69 (2) shall apply, starting with the road work that is first done after the enforcement of this Act. |
ADDENDUM<Act No. 7936, Apr. 28, 2006>
This Act shall enter into force on June 1, 2006:Provided, That the amended provisions of Articles 12-2, 83 (4) 2 and 110 (4) shall enter into force one year after the date of its promulgation.
ADDENDUM<Act No. 7969, Jul. 19, 2006>
This Act shall enter into force three months after the date of its promulgation.
