CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to establish a system by which compensation for the death or injury of any person and the destruction or damage of any property, both of which are caused by the operation of any automobile, is guaranteed in order to protect victims and to promote the sound development of transportation by automobiles.
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9450, Feb. 6, 2009>
| 2. |
The term "operation" means to use or manage motor vehicles according to their means of use, regardless of whether they transport persons or carry items; |
| 3. |
The term "motor vehicle owner" means a person who owns a motor vehicle or a person entitled to use a motor vehicle, who operates the motor vehicle for personal use; |
| 4. |
The term "driver" means a person who serves as a driver, or as an assistant driver, of a motor vehicle for another person; |
| 5. |
The term "liability insurance" means a type of insurance by which any motor vehicle owner and any person who runs an insurance business after obtaining a license under the Insurance Business Act (hereinafter "insurer") enter into an agreement for the indemnification of the liability for damages from the death or injury of another person caused by the operation of any motor vehicle under this Act; |
| 6. |
The term "liability mutual aid" means a type of mutual aid by which a motor vehicle owner for business purpose and a person who runs a mutual aid business under the Passenger Transport Service Act, the Trucking Transport Business Act, and the Construction Machinery Management Act (hereinafter "person operating a mutual aid business") enter into an agreement for the indemnification for damage from the death or injury of another person caused by the operation of any motor vehicle under this Act; |
| 7. |
The term "motor vehicle insurance medical fees" means the amount of expenses incurred in the medical treatment provided by a medical institution prescribed by the Medical Service Act (hereinafter "medical institution") to a patient who suffers an accident caused by the operation of a motor vehicle (hereinafter "motor vehicle accident patient"),which applies under any of the following categories: |
| (a) |
Where it is reimbursed with the insurance payouts (including mutual aid money; hereinafter "insurance payouts, etc.") paid by an insurer (including a person operating a mutual aid business; hereinafter the "insurer, etc."); |
| (b) |
Where it is reimbursed with the compensation paid from the affairs guaranteeing motor vehicle accident compensation under Article 30; |
| (c) |
Where a motor vehicle accident patient pays medical fees incurred from the relevant traffic accident to a medical institution after concluding compensation for a motor vehicle accident patient (including the damages under Article 30). |
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| Article 3 (Liability for Damage Caused by Automobiles) |
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Where any person who operates an automobile for personal use has killed or injured another person by such operation, he/she shall be liable to compensate the damages therefrom: Provided, That the same shall not be applicable to cases falling under any of the following subparagraphs:
| 1. |
In cases of the death or injury of any person other than a passenger, when it has been proven that the person who has operated the automobile and the driver thereof were not negligent in its operation, that a victim or a third party, other than the person who has operated the automobile and the driver thereof, commits an intentional or negligent act, and that there was no defect in the structure or no trouble in the function of the automobile; and |
| 2. |
In cases of the death or injury of a passenger, when the passenger has died or been injured due to his/her intentional act or suicidal act. |
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| Article 4 (Application of Civil Act) |
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CHAPTER II PURCHASE OF INSURANCE POLICY FOR DAMAGES
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| Article 5 (Purchase of Mandatory Insurance Policy, etc.) |
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| (1) |
Any motor vehicle owner shall purchase a liability insurance policy or enter into a liability mutual aid agreement (hereinafter "liability insurance policy, etc.") which covers an amount prescribed by Presidential Decree that shall be paid to a third person who has died or been injured due to the operation of the automobile (referring to a person who has the right to receive indemnification for damage in cases of the death of a victim; hereinafter the same shall apply). |
| (4) |
The provisions of paragraphs (1) and (2) shall not apply to automobiles prescribed by Presidential Decree and automobiles operated only in places other than on a road (which means the road provided for in subparagraph 1 of Article 2 of the Road Traffic Act; hereinafter the same shall apply). |
| (5) |
Liability insurance policies, etc. under paragraph (1) and insurance policies or mutual aid agreements under paragraphs (2) and (3) shall be effected on a separate automobile basis. |
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| Article 5-2 (Exemption from Purchase of Mandatory Insurance Policies, etc.) |
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| (1) |
In cases prescribed by Presidential Decree where a motor vehicle owner is unable to operate his/her motor vehicle (excluding a motor vehicle used for a business for which a person referred to in each subparagraph of Article 5 (3) has obtained a license, etc.) for a long period from six months to not exceeding two years due to an overseas stay, etc., he/she may be exempted from purchasing an insurance policy or entering into a mutual aid agreement referred to in Article 5 (1) and (2) during the operation suspension period upon obtaining approval from the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of the relevant Special Self-Governing Province (referring to the head of a Si/Gun/Gu if he/she is delegated with the duties to register motor vehicles; hereinafter referred to as "Mayor/Do Governor") who takes charge of the duties to register such motor vehicle. In such cases, the motor vehicle owner shall keep the registration certificate and the registration number plate of his/her motor vehicle in the custody of the relevant Mayor/Do Governor. |
| (2) |
No person exempt from purchasing an insurance policy or entering into a mutual aid agreement pursuant to paragraph (1) shall operate the relevant motor vehicle on roads during the period of exemption. |
| (3) |
Standards for granting approval for exemption from purchasing an insurance policy or entering into a mutual aid agreement under paragraph (1), procedure for filing applications and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
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| Article 6 (Measures, etc. against Non-Policyholders of Mandatory Insurance) |
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| (1) |
Any insurer, etc. shall notify a motor vehicle owner who has entered into an insurance or mutual aid contract which the owner is obligated to purchase or enter into under Article 5 (1) through (3) (hereinafter referred to as "mandatory insurance") that the contract will expire during the period from 75 to 30 days, and that the period from 30 to 10 days, before the expiration date of such contract, respectively: Provided, That the insurer need not give such notification if the insurance period of the contract is less than one month or the motor vehicle owner has renewed the contract with the insurer, etc. or the insurer, etc. has become aware that the motor vehicle owner has entered into a new contract with any third insurer, etc. <Amended by Act No. 9450, Feb. 6, 2009> |
| (2) |
Where a person obligated to purchase a mandatory insurance policy falls under any of the following cases, the relevant insurer, etc. shall notify the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/ Gu”) thereof within the period stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs: |
| 1. |
Where the person has entered into a contract for mandatory insurance with said insurer, etc.; |
| 2. |
Where the person has cancelled the contract for mandatory insurance entered into with said insurer, etc. before the expiration date of such contract; |
| 3. |
Where the person who has entered into a contract for mandatory insurance with said insurer, etc. does not renew the contract for mandatory insurance with said insurer, etc. after the expiration date of such contract. |
| (3) |
Upon receipt of notification under paragraph (2), the head of a Si/Gun/Gu shall, without delay, issue an order to any motor vehicle owner who has failed to purchase a mandatory insurance policy to purchase the mandatory insurance policy and present documents that prove such purchase, setting a period of 10 to 15 days. |
| (4) |
The head of a Si/Gun/Gu may keep in custody the registration number plate of a motor vehicle (including the registration number plate of a two-wheel motor vehicle and the registration number plate of construction machinery; hereinafter the same shall apply) uninsured by mandatory insurance. |
| (5) |
The head of a Si/Gun/Gu may request cooperation from the head of a police station if necessary for keeping in custody the registration number plate of a motor vehicle uninsured by mandatory insurance pursuant to paragraph (4). In such cases, the head of the police station so requested shall comply therewith except in extenuating circumstances. |
| (6) |
Where the head of a Si/Gun/Gu has kept in custody the registration number plate of a motor vehicle uninsured by mandatory insurance, pursuant to paragraph (4), he/she shall notify the Mayor/Do Governor who takes charge of the duties to register such motor vehicle under the Motor Vehicle Management Act or the Construction Machinery Management Act and the relevant motor vehicle owner of thereof. <Amended by Act No. 11369, Feb. 22, 2012> |
| (7) |
Matters necessary for the methods of, and procedures for, giving notification under paragraphs (1) and (2), the methods of, and procedures for keeping in custody the registration number plates of motor vehicles under paragraph (4), and the methods of, and procedures for ceasing such custody and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
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| Article 7 (Organization and Operation, etc. of Computer Networks for Management of Mandatory Insurance Underwriting) |
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| (1) |
The Minister of Land, Transport and Maritime Affairs may organize and operate the computer networks for the management of mandatory insurance underwriting (hereinafter referred to as "computer networks for underwriting management") which are connected to the information-processing system provided for in Article 69 (1) of the Motor Vehicle Management Act and the information-processing system managed and operated by institutions in charge of calculating insurance premium rates (hereinafter "institutions in charge of calculating insurance premium rates") provided for in Article 176 of the Insurance Business Act in order to efficiently manage owners of motor vehicles which are not covered by mandatory insurance. |
| (2) |
The Minister of Land, Transport and Maritime Affairs may request the heads of local governments, insurers and insurance-related organizations to submit such information prescribed by Presidential Decree as may be necessary to organize and operate the computer networks for underwriting management. In such cases, persons who are requested to submit such information shall comply therewith except in extenuating circumstances. <Amended by Act No. 9450, Feb. 6, 2009> |
| (3) |
Deleted. <by Act No. 9450, Feb. 6, 2009> |
| (4) |
Matters necessary for the computer networks for underwriting management shall be prescribed by Presidential Decree. |
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| Article 8 (Restrictions on Operation) |
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No automobile which is not covered by mandatory insurance shall be operated on a road: Provided
, That this shall not apply to automobiles prescribed by Presidential Decree pursuant to Article 5 (4).
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| Article 9 (Request for Issuance of Mandatory Insurance Certificate) |
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Any person who has purchased a mandatory insurance policy and any person who has been insured under the relevant policy (hereinafter "policyholder, etc.") and other persons interested may, if necessary to verify their rights and duties or details of such purchase, request the insurer, etc. to issue the mandatory insurance certificate verifying such purchase.
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| Article 10 (Claims for Insurance, etc.) |
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| (1) |
Where a liability for damage has been incurred by a policyholder, etc. pursuant to Article 3, the relevant victim may, as prescribed by Presidential Decree, file a claim for insurance payouts with the insurer, etc. so that such payouts are directly paid to him/her in accordance with Article 724 (2) of the Commercial Act. In such cases, the victim may request that the insurer, etc. pay the amount equivalent to medical fees covered by car insurance directly to the medical institution that has provided him/her with medical treatment. |
| (2) |
Where a policyholder, etc. has paid damages to the relevant victim before the insurer, etc. pays insurance payouts, etc., the policyholder, etc. may request the insurer, etc. to reimburse the sum that he/she has paid to the victim to the upper limit on insurance payouts, etc. |
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| Article 11 (Advance Payment to Victim) |
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| (1) |
Where a policyholder, etc. has caused the death or injury of any third person due to the operation of a motor vehicle, the relevant victim may request an insurer, etc. to pay the total amount of motor vehicle insurance medical fees, as prescribed by Presidential Decree, and the amount prescribed by Presidential Decree as advance payments of the insurance payouts provided for in Article 10. |
| (2) |
Upon receipt of the request under paragraph (1), the insurer, etc. shall pay in advance the amount requested within the period set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
| (3) |
Where the advance payment made under paragraph (2) exceeds the insurance payouts, the insurer, etc. may demand the person who has received the advance payment to refund the excess amount. |
| (4) |
Where it is found that the policyholder, etc. has no liability for damages after advance payment has been made under paragraph (2), the insurer, etc. may demand the person who has received such advance payment to refund it. |
| (5) |
Where the insurer, etc. has not received the refund of any advance payment even though it demands the refund in accordance with paragraphs (3) and (4), and meets the requirements prescribed by Presidential Decree, including financial resources from contributions, such insurer, etc. may file a claim for compensation with the Government of the unrefunded advance payment. <Amended by Act No. 9450, Feb. 6, 2009> |
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| Article 12 (Claim for and Payment of Motor Vehicle Insurance Medical Fees) |
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| (1) |
Where an insurer, etc. has known the occurrence of a motor vehicle accident through a claim for damage by either a policyholder, etc. or a victim of such motor vehicle accident under the latter part of Article 10 (1), or for other reasons, the insurer, etc. shall, without delay, notify the medical institution treating such motor vehicle accident patient as to whether motor vehicle insurance medical fees are paid for the relevant treatment and as to the upper limit on such payment. <Amended by Act No. 9450, Feb. 6, 2009> |
| (2) |
Where the medical institution has been notified as to whether the insurer, etc. pays the motor vehicle insurance medical fees and as to the upper limit on the payment under paragraph (1), it may file a claim for such fees with the insurer, etc. according to the criteria publicly notified by the Minister of Land, Transport and Maritime Affairs as provided for in Article 15. |
| (3) |
Where the medical institution files a claim for the motor vehicle insurance medical fees with the insurer, etc. under paragraph (2), such claim shall be based upon details in medical records as referred to in Article 22 of the Medical Service Act. |
| (4) |
Where the insurer, etc. has received the claim for motor vehicle insurance medical fees from the medical institution under paragraph (2), it shall pay the amount claimed within 30 days: Provided, That this shall not apply where a petition for review is submitted under Article 19 (1). |
| (5) |
Where the medical institution can file a claim for motor vehicle insurance medical fees with the insurer, etc. under paragraph (2), it shall not claim the motor vehicle accident patient (including his/her guardian) to pay such medical fees: Provided, That where any of the following grounds arises, the relevant medical fees may be claimed: |
| 1. |
When the insurer, etc. has notified that it intends not to pay such medical fees or cancelled the payment of such medical fees; |
| 2. |
When the medical institution has requested the insurer, etc. to pay the expenses which are not coverable by the indemnity for damages; |
| 3. |
When the medical institution has requested the insurer, etc. to pay medical fees in excess of the upper limit on payment as notified by such insurer, etc. under paragraph (1); |
| 4. |
When the victim has filed a claim for motor vehicle insurance medical fees with the insurer, etc. so that such medical fees are directly paid to him/her under Article 10 (1) or 11 (1); |
| 5. |
When other grounds prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs arise. |
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| Article 12-2 (Entrustment of Duties) |
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| (1) |
An insurer, etc. may entrust duties, etc. to review and adjust motor vehicle insurance medical fees claimed by medical institutions pursuant to Article 12 (4) to a specialized examination institution determined by Presidential Decree (hereinafter referred to as "specialized examination institution"). |
| (2) |
A specialized examination institution shall review whether motor vehicle insurance medical fees claimed by a medical institution pursuant to paragraph (1) comply with the Rules of Motor Vehicle Insurance Medical Fees established under Article 15. |
| (3) |
An insurer, etc. shall pay motor vehicle insurance medical fees as reviewed by the relevant specialized examination institution. |
| (4) |
Where duties are entrusted to a specialized examination institution pursuant to paragraph (1), the methods and procedures for claims, review, payment, filing objections, etc. and other matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
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| Article 13 (Management, etc. of Inpatients) |
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| (1) |
The medical institutions that are entitled to file a claim for medical fees covered by car insurance with the insurer, etc. pursuant to Article 12 (2) shall keep and retain records of outings and overnight lodgings by patients admitted into such medical institutions due to automobile accident (hereinafter "inpatient"). |
| (2) |
Where an inpatient intends to go out or stay out overnight, he/she shall obtain permission from the medical institution. |
| (3) |
The insurer, etc. which has notified the medical institution as to whether it intends to pay medical fees covered by car insurance and as to the upper limit on such payment pursuant to Article 12 (1) may request such medical institution to offer records on outings and overnight lodgings of inpatients for the inspection. In such cases, the medical institution shall comply with such request unless there exist any justifiable grounds to the contrary. |
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| Article 13-2 (Instruction of Discharging and Transferring of Motor Vehicle Accident Patient) |
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| (1) |
A medical institution may instruct a motor vehicle accident patient to discharge himself/herself, if he/she needs not to be hospitalized any more thanks to his/her improvement of conditions after undergoing medical care such as an operation, medical treatments, etc. and to transfer to another medical institution, if it falls under the cases prescribed by Presidential Decree, including cases where it is necessary for him/her to receive medical treatments at his/her base of living. In such cases, the medical institution shall notify the relevant reason and date without delay to the relevant patient and the relevant insurer, etc. that has notified its intention to pay for motor vehicle insurance medical fees under Article 12 (1). |
| (2) |
Where a medical institution has instructed a motor vehicle accident patient to transfer to another medical institution under paragraph (1) and receives a request from the latter medical institution or from a doctor in charge of such patient for the provision of his/her information on medical care such as access to or delivery of medical records, clinical opinions, therapy records, the former medical institution shall comply therewith without delay. |
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
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| Article 14 (Inspection, etc. of Medical Records) |
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| (1) |
When an insurer, etc. receives a claim for motor vehicle insurance medical fees from a medical institution under Article 12 (2), the insurer, etc. may request the medical institution to provide the relevant medical records for inspection. <Amended by Act No. 11369, Feb. 22, 2012> |
| (2) |
A specialized examination institution entrusted with review, etc. pursuant to Article 12-2 may request data necessary for such review, etc. from a medical institution. <Newly Inserted by Act No. 11369, Feb. 22, 2012> |
| (3) |
In cases falling under paragraph (1) or (2), a medical institution shall comply with a request except in extenuating circumstances. <Newly Inserted by Act No. 11369, Feb. 22, 2012> |
| (4) |
Where an insurer, etc. receives a claim for insurance payouts, it may request a traffic accident investigation agency, such as the National Police Agency, to provide investigation records relating to the relevant traffic accident for inspection, as prescribed by Presidential Decree. In such cases, the traffic accident investigation agency, such as the National Police Agency, shall comply therewith except in extenuating circumstances. <Newly Inserted by Act No. 11369, Feb. 22, 2012> |
| (5) |
No current or former employee of an insurer, etc. or a specialized examination institution shall divulge any confidential information on any third person he/she has become aware of in the course of inspecting medical records or investigation records relating to traffic accidents referred to in paragraphs (1) through (4). <Amended by Act No. 11369, Feb. 22, 2012> |
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| Article 14-2 (Application Mutatis Mutandis where Exceeding Upper Limit on Payouts of Liability Insurance Policy, etc) |
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Where a motor vehicle owner who has entered into a contract for insurance or mutual-aid compensating for damages exceeding the upper limit on payouts of liability insurance policy, etc., Articles 10 through 13, 13-2 and 14 shall also apply mutatis mutandis
to the cases where the victim files a claim for motor vehicle insurance medical fees, the amount of which is within the upper limit on payouts of the insurance or mutual-aid which pays for the damages to the upper limit of payouts of liability insurance policy, etc. or exceeding it.
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER III RULES OF MOTOR VEHICLE INSURANCE MEDICAL FEES AND MEDIATION OF DISPUTES
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| Article 15 (Motor Vehicle Insurance Medical Fees, etc.) |
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| (1) |
The Minister of Land, Transport and Maritime Affairs may establish and publicly announce the Rules of Motor Vehicle Insurance Medical Fees (hereinafter the "Rules of Motor Vehicle Insurance Medical Fees") in order to ensure appropriate medical treatment for motor vehicle accident patients and to prevent disputes over medical fees between insurers, etc. or medical institutions and motor vehicle accident patients. <Amended by Act No. 9450, Feb. 6, 2009> |
| (2) |
The Rules of Motor Vehicle Insurance Medical Fees shall stipulate the scope of allowable motor vehicle insurance medical fees, procedures for claims and payment therefor, and other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
| (3) |
Where the Minister of Land, Transport and Maritime Affairs intends to establish or modify the Rules of Motor Vehicle Insurance Medical Fees, he/she may hear the opinion of the Dispute Settlement Committee over Motor Vehicle Insurance Medical Fees established under Article 17. <Amended by Act No. 11369, Feb. 22, 2012> |
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| Article 16 (Surveys and Research on Repair Costs) |
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| (1) |
The Minister of Land, Transport and Maritime Affairs shall conduct surveys and research on affordable repair costs (including standard working hours and repairmen's wages, etc.) and publish findings of such surveys and research in order to prevent any dispute over repair costs between an insurer, etc. and an automobile repair shop operator. |
| (2) |
Necessary matters concerning the scope of and procedures for surveys and research under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 17 (Dispute Settlement Committee over Motor Vehicle Insurance Medical Fees) |
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| (1) |
Insurers, etc. and medical institutions shall establish the Dispute Settlement Committee over Motor Vehicle Insurance Medical Fees (hereinafter referred to as the "Committee") which will perform the following duties through consultation, in order to prevent and expeditiously settle any dispute over motor vehicle insurance medical fees: |
| 1. |
Review and mediation of any dispute over motor vehicle insurance medical fees; |
| 2. |
Recommendations on the adjustment of the Rules of Medical Fees Covered by Car Insurance; |
| 3. |
Surveys and research related to duties under subparagraphs 1 and 2. |
| (2) |
The Committee shall be comprised of 18 members, including one Chairperson. |
| (3) |
The Minister of Land, Transport and Maritime Affairs shall commission members, six of whom shall be recommended by the organization of insurers, etc., six shall be recommended by the organization of medical institutions, and six shall meet the requirements prescribed by Presidential Decree. A member commissioned by the Minister of Land, Transport and Maritime Affairs upon meeting the requirements prescribed by Presidential Decree shall not hold a concurrent office that may hinder fairness in performing duties of the Committee, such as a consultant for an insurer, etc. or a medical institution. <Amended by Act No. 11369, Feb. 22, 2012> |
| (4) |
The Committee shall select a Chairperson from among its members. |
| (5) |
The term of office of a member shall be two years and may be renewed: Provided, That any member commissioned to fill a vacancy shall serve for the remainder of his/her predecessor's term of office. |
| (6) |
Specific matters necessary for the composition and operation of the Committee and other matters shall be prescribed by Presidential Decree. |
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| Article 18 (Operational Expenses) |
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Expenses incurred in operating the Committee shall be reimbursed by insurers, etc. and medical institutions.
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| Article 19 (Petition for Review of Medical Fees Covered by Car Insurance) |
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| (1) |
When it is found that a claim for payment under the provisions of Article 12 (2) is based upon the wrongful application of the Rules of Medical Fees Covered by Car Insurance, the relevant insurer, etc. may file a petition for review on the claim in question with the Committee within 60 days after the date of such claim. |
| (2) |
Where the insurer, etc. files a petition for review with the Committee under paragraph (1), it shall pay in advance the amount prescribed by Presidential Decree and later pay out the balance with interest in compliance upon the decision of the Committee. In such cases, where the amount of advance payment exceeds the amount of medical fees settled upon the decision on review by the Committee, the medical institution that has received the amount in advance shall pay back any excess amount thereof with due interest. |
| (3) |
Where the insurer, etc. which has received the claim for medical fees covered by car insurance pursuant to Article 12 (2) fails to file a petition for review with the Committee within the period described in paragraph (1), it shall be deemed that the insurer, etc. has agreed on the details of the claim filed by the relevant medical institution on the date when such period expires. |
| (4) |
No insurer, etc. shall reduce the amount claimed by the medical institution pursuant to Article 12 (2) without filing a petition for review under paragraph (1). |
| (5) |
The interest rate as referred to in paragraph (2) shall be determined by Presidential Decree. |
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| Article 20 (Procedure for Review and Decisions) |
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| (1) |
Where any petition for review is filed under Article 19 (1), the Committee shall review and decide thereupon in accordance with the Rules of Medical Fees Covered by Car Insurance: Provided, That where the review and decision on such petition is beyond the reach of the Rules of Medical Fees Covered by Automobile Accident Insurance, the Committee may advise the relevant parties to settle the case upon the basis of conciliation. |
| (2) |
Necessary matters concerning the procedure for review and decision by the Committee shall be determined by the Committee subject to approval from the Minister of Land, Transport and Maritime Affairs. |
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| Article 21 (Effect, etc. of Review and Decision) |
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| (1) |
Where the Committee has made a decision on the petition for review as provided for in Article 19 (1), it shall notify the petitioner thereof without delay. |
| (2) |
If having accepted the decision by the Committee, the petitioner who has been notified under paragraph (1) shall be deemed to reach agreement on the same terms as the content of the said decision on the day of their explicit acceptance, and if neither having explicitly accepted the said decision nor having raised a lawsuit thereagainst within 30 days from the date of receipt of the notification, he/she shall be deemed to reach such agreement on the day immediately after the period of 30 days has lapsed. |
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| Article 22 (Authority of Committee) |
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The Committee may, if deemed necessary for review and decision under Article 20 (1), request insurers, etc., medical institutions, insurers' organizations or medical institutions' associations to submit necessary documents, give their opinions or file reports, or entrust the relevant experts with medical diagnosis and examination.
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| Article 23 (Notification, etc. of Violation of Law) |
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Where it is found, in the process of review or in performing other duties, that the relevant parties and the persons interested have been involved in any violation of law, the Committee shall notify the relevant authorities thereof.
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| Article 23-2 (Inspection of Operation of Committee) |
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| (1) |
The Minister of Land, Transport and Maritime Affairs may require materials concerning the operation of the Committee and the application of review standards to be submitted, where necessary, and inspect such materials. |
| (2) |
Upon receipt of a request to submit or report materials made under paragraph (1), the Committee shall comply therewith except in extenuating circumstances. |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
CHAPTER IV BUSINESS OF LIABILITY INSURANCE, ETC.
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| Article 24 (Obligation to Conclude Contract) |
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| (1) |
Where a motor vehicle owner intends to enter into a contract for insurance or mutual aid provided for in Article 5 (1) through (3), the relevant insurer, etc. shall not refuse to conclude such contract unless any ground as provided by Presidential Decree arises. |
| (2) |
Notwithstanding paragraph (1), if a motor vehicle owner gives rise to any ground prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as high probability of causing automobile accidents, etc., multiple insurers may jointly conclude a contract for insurance or mutual aid under Article 5 (1) through (3) with such motor vehicle owner. In such cases, the relevant insurers shall inform the motor vehicle owner of the procedures for conclusion of joint contract and premiums according thereto. |
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| Article 25 (Cancellation, etc. of Insurance Contract) |
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No policyholder and insurer, etc. shall cancel or terminate a contract for mandatory insurance, unless:
| 2. |
the status of the relevant automobile is changed to any other as referred to in Article 5 (4); |
| 3. |
the policyholder intends to cancel or terminate one of the two mandatory insurance contracts because the relevant automobile is insured under contracts with two different insurers; |
| 4. |
the relevant automobile is transferred; |
| 5. |
the policyholder verifies that the relevant automobile is unable to be continuously operated due to any natural disaster, traffic accident, fire, theft or for some other reason; or |
| 6. |
other grounds prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs arise. |
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| Article 26 (Succession to Mandatory Insurance Contract) |
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| (1) |
Where an automobile covered by mandatory insurance has been transferred, the transferee shall, notwithstanding Article 726-4 of the Commercial Act, succeed to rights and duties of the transferor in respect of mandatory insurance contract for a period from the transfer date of the automobile (referring to the date when the transferee has actually acquired the automobile after the payment of purchase price) until the expiration date of the term of application for registration of automobile ownership transfer under Article 12 of the Motor Vehicle Management Act (or, if the transferee has entered into a contract for new liability insurance, etc. before the expiry of the term of application for registration of automobile ownership transfer, until the date when the said contract is entered into). |
| (2) |
In cases of paragraph (1), the transferor may have a claim against the transferee for the refund of such amount of premium of mandatory insurance (or, in cases of a mutual aid contract, mutual aid contributions; hereinafter the same shall apply) as corresponds to the period of succession. |
| (3) |
Where the transferee has refunded the transferor such an amount as corresponds to the period of his/her succession to mandatory insurance in accordance with paragraph (2), the transferee shall be exempted from the payment of the premium to the extent of the amount of his/her refund. |
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| Article 27 (Separate Accounting of Mandatory Insurance Business) |
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Any insurer, etc. shall perform accounting on the mandatory insurance business, separately from other insurance business, other mutual aid business or any other business.
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| Article 28 (Prior Consultation) |
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Where the Financial Services Commission intends to modify the standards prescribed by itself under Article 127 (2) of the Insurance Business Act (limited to the standards for clauses which apply only to liability insurance from among the standards for insurance terms and conditions for motor vehicle insurance under Article 4 (1) 2 (c) of the same Act), it shall consult in advance with the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9450, Feb. 6, 2009]
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| Article 29 (Payment, etc. of Insurance Payouts, etc.) |
|
| (1) |
When an insurer, etc. pays insurance payouts, etc. to a third person who has died or been injured or whose property is destroyed or damaged due to violation of the prohibition on driving while intoxicated under Article 44 (1) of the Road Traffic Act or on other grounds prescribed by Presidential Decree, the insurer, etc. may make a claim for the compensation of an amount set by Ordinance of the Ministry of Land, Transport and Maritime Affairs against any person who is legally liable for damage compensation. |
| (2) |
Where a Presidential Decree regarding the change of insurance payouts of liability insurance, etc. as provided for in Article 5 (1) is revised, such revision may, if the revised provisions become favorable to policy-holders, etc., include the following provisions in order to compel insurers, etc. to pay the revised insurance payouts, etc., regardless of the terms of contract concluded before such revision: |
| 1. |
Provisions to prescribe that insurers, etc. are compelled to regard former insurance payouts, etc. of the contract already concluded as the revised insurance payouts, etc. without renewing the former contract; and |
| 2. |
Other provisions accompanied by the revision of the insurance payouts, etc., or provisions necessary for the payment of the revised insurance payouts, etc. |
CHAPTER V AFFAIRS TO GUARANTEE MOTOR VEHICLE ACCIDENT COMPENSATION
law view
| Article 30 (Affairs to Guarantee Motor Vehicle Accident Compensation) |
|
| (1) |
In any of the following cases, the Government shall, upon the claim of a victim, compensate for damage sustained by the victim to the extent of an amount covered by liability insurance: Provided, That the Government may conduct investigations ex officio and compensate for damage sustained by the victim to the extent of an amount covered by liability insurance even if the victim has not filed a claim for damage: <Amended by Act No. 11369, Feb. 22, 2012> |
| 1. |
Where a victim is died or injured due to an accident caused by the operation of a motor vehicle, the owner of which is unidentified; |
| 2. |
Where a person other than a policyholder, etc. is liable to compensate for damage under Article 3: Provided, That this shall not apply to any accident caused by the operation of any motor vehicle referred to in Article 5 (4). |
| (2) |
The Government may render aid to children and dependent family members of a person killed due to the operation of a motor vehicle or of a person handicapped with serious sequelae in order to settle hardships, such as giving up studies, etc. owing to economic difficulties, and to help the person handicapped with serious sequelae to recover. |
| (3) |
In order to perform duties referred to in paragraph (1), the Minister of Land, Transport and Maritime Affairs may request any of the following agencies to submit information prescribed by Presidential Decree, and collect and use the information and the agency so requested shall provide the relevant information except in extenuating circumstances: <Newly Inserted by Act No. 11369, Feb. 22, 2012> |
| 1. |
The Commissioner of the National Police Agency; |
| 2. |
The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province, and the head of a Si/Gun/Gu. |
| (4) |
Upon the claim of an insurer, etc., the Government shall make compensation in accordance with Article 11 (5). <Amended by Act No. 11369, Feb. 22, 2012> |
| (5) |
Matters necessary for persons eligible for the Government's compensation or aid under paragraphs (1), (2) and (4), standards, amounts and methods thereof and procedure thereof, and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 11369, Feb. 22, 2012> |
| (6) |
The Minister of Land, Transport and Maritime Affairs shall perform duties relating to the Government’s compensation affairs under paragraphs (1), (2) and (4) (hereinafter referred to as "affairs guaranteeing motor vehicle accident compensation"). <Amended by Act No. 11369, Feb. 22, 2012> |
law view
| Article 31 (Assistance to Rehabilitation of Persons Handicapped with Sequelae) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs may perform such projects (hereinafter "rehabilitation project") in the following subparagraphs as may be necessary for the rehabilitation of persons handicapped with sequelae from automobile accidents by installing medical rehabilitation facilities and occupational rehabilitation facilities (hereinafter "rehabilitation facilities") in order to assist their rehabilitation: |
| 1. |
Medical rehabilitation projects and projects incidental thereto, which are prescribed by Presidential Decree; and |
| 2. |
Occupational rehabilitation projects (including occupational rehabilitation counseling) and projects incidental thereto, which are prescribed by Presidential Decree. |
| (2) |
Financial resources necessary for the installation of rehabilitation facilities, and for management, operation, etc. of rehabilitation facilities and rehabilitation projects pursuant to Article 32 (1) shall be the amount prescribed by Presidential Decree from among the contributions to affairs guaranteeing automobile accident compensation pursuant to Article 37. |
| (3) |
Buildings, land, other structures, etc. being constructed or created for the purpose of rehabilitation facilities shall belong to the State. |
| (4) |
Where the Minister of Land, Transport and Maritime Affairs installs rehabilitation facilities, he/she shall hear opinions of the organization of the persons handicapped with sequelae from automobile accidents on important matters regarding the scale, design, etc. thereof. |
law view
| Article 32 (Designation as Operator of Rehabilitation Facilities) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs may entrust the management and operation of rehabilitation facilities or of rehabilitation projects to a person designated by the Minister of Land, Transport and Maritime Affairs from among the persons who meets the requirements pursuant to the classifications set forth in the following subparagraphs: <Amended by Act No. 9738, May 27, 2009> |
| (2) |
A person who intends to be designated pursuant to paragraph (1) shall file an application with the Minister of Land, Transport and Maritime Affairs as prescribed by Presidential Decree. <Amended by Act No. 9738, May 27, 2009> |
| (3) |
Where a person who has been designated pursuant to paragraph (1) (hereinafter "operator of rehabilitation facilities") performs, as the person entrusted with the management and operation of rehabilitation facilities or rehabilitation projects, duties concerning the management and operation of rehabilitation facilities or rehabilitation projects, he/she shall perform accounting by setting up a separate account and separating it from other businesses. <Amended by Act No. 9738, May 27, 2009> |
| (4) |
Matters necessary for the designation procedure for and supervision over operators of rehabilitation facilities, and other necessary matters shall be prescribed by Presidential Decree. |
law view
| Article 33 (Cancellation of Designation as Operator of Rehabilitation Facilities) |
|
| (1) |
Where an operator of rehabilitation facilities falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may cancel his/her designation: Provided, That where the operator of rehabilitation facilities falls under subparagraph 1 or 2, such designation shall be cancelled: |
| 1. |
Where the operator has been designated by fraudulent or other unlawful means; |
| 2. |
Where the operator has ceased to meet the requirements described in each subparagraph of Article 32 (1); |
| 3. |
Where the operator has failed to perform accounting separately from other businesses in violation of Article 32 (3); |
| 4. |
Where the operator has failed to comply with the order of correction pursuant to Article 43 (4) on not less than three occasions without any justifiable grounds; or |
| 5. |
Where it is impossible for the operator to continuously perform duties concerning the management and operation of rehabilitation facilities or rehabilitation projects due to changes in circumstances, such as the liquidation of corporation. |
| (2) |
Where the Minister of Land, Transport and Maritime Affairs has cancelled the designation of an operator of rehabilitation facilities pursuant to paragraph (1) and both of the following situation arise, he/she may allow the person whose designation has been cancelled to continue performing duties concerning the management and operation of rehabilitation facilities or rehabilitation projects by specifying a period and conditions thereof until a new operator of rehabilitation facilities is designated. In such cases, the person whose designation has been cancelled shall be deemed an operator of rehabilitation facilities to the extent that he/she continues to perform such duties: |
| 1. |
Where it is impossible to select a new operator of rehabilitation facilities who can commence such duties on the date when the designation was cancelled; and |
| 2. |
Where it is necessary to continue the management and operation of rehabilitation facilities or rehabilitation projects. |
| (3) |
No person whose designation has been cancelled in accordance with paragraph (1) shall be re-designated as an operator of rehabilitation facilities within 2 years from the date when the designation was cancelled (or, if the duties have been continuously performed pursuant to paragraph (2), the date when such duties were terminated). |
law view
| Article 34 (Rehabilitation Facility Deliberative Committee) |
|
| (1) |
In order to deliberate on the matters in the following subparagraphs regarding the installation of rehabilitation facilities, operation of rehabilitation projects, etc., a Rehabilitation Facility Deliberative Committee (hereinafter the "Deliberative Committee") shall be established under the control of the Minister of Land, Transport and Maritime Affairs: |
| 1. |
Matters regarding the installation and management of rehabilitation facilities; |
| 2. |
Matters regarding the operation of rehabilitation projects; |
| 3. |
Matters regarding designation as an operator of rehabilitation facilities and cancellation thereof; |
| 4. |
Matters regarding business plans and budget of operators of rehabilitation facilities; and |
| 5. |
Other matters regarding the management and operation of rehabilitation facilities and rehabilitation projects, prescribed by Presidential Decree. |
| (2) |
Matters necessary for the composition, operation, etc. of the Deliberative Committee shall be prescribed by Presidential Decree. |
law view
| Article 35 (Provisions to be Applied Mutatis Mutandis) |
|
| (1) |
Articles 10 through 13, 13-2 and 14 shall apply mutatis mutandis to claims of victims for compensation under Article 30 (1). In such cases, the term "insurer, etc." shall be construed as a "person conducting affairs guaranteeing motor vehicle accident compensation", and the term "insurance payouts, etc." as "compensation." <Amended by Act No. 9450, Feb. 6, 2009> |
| (2) |
Articles 19 and 20 shall apply mutatis mutandis to petitions for review of medical fees for victims from among the compensation under Article 30 (1). In such cases, the term "insurer, etc." shall be construed as a "person conducting affairs guaranteeing motor vehicle accident compensation". |
law view
| Article 36 (Adjustment of Compensation, etc. under Other Acts) |
|
| (2) |
Where a victim is compensated for damage under Article 30 (1) by the person who is liable for damage pursuant to Article 3, the Government shall be exempted from such liability for damage under Article 30 (1) to the extent of the amount of compensation the victim has received. |
| (3) |
Where a person who is supposed to receive aid under Article 30 (2) has been aided for the same reason under any other Act, the Government shall not be required to render aid under Article 30 (2) to the extent of any aid the person has received. |
law view
| Article 37 (Contributions to Affairs Guaranteeing Automobile Accident Compensation) |
|
| (1) |
Any person obliged to purchase a liability insurance policy, etc. under Article 5 (1) and any owner of the automobile, prescribed by Presidential Decree, which is provided for in Article 5 (4) shall pay the Government a contribution to affairs guaranteeing motor vehicle accident compensation. |
| (2) |
Where a person who is obliged to purchase a liability insurance policy in accordance with Article 5 (1) pays a contribution in accordance with paragraph (1), an insurer, etc. that intends to enter into a contract for liability insurance with such person shall collect the contribution at the time when the contract is concluded and pay the contribution to the Government. |
| (3) |
The contributions described in paragraph (1) shall be employed as separate from the Government's revenue and expenditure budget and necessary matters with respect to the amount, the method of payment, and the management of contributions shall be prescribed by Presidential Decree. |
law view
| Article 38 (Disposition Taken to Collect Contributions in Arrears) |
|
| (1) |
Where a person has not paid the contribution under Article 37 by the payment deadline, the Minister of Land, Transport and Maritime Affair shall urge him/her to pay the contribution by specifying a deadline within ten days. |
| (2) |
Where the person who has been urged to pay the contribution pursuant to paragraph (1) fails to pay it by the specified deadline, the Minister of Land, Transport and Maritime Affair shall collect it in accordance with the precedents of dispositions taken to collect national taxes in arrears. |
law view
| Article 39 (Subrogation of Rights to Claims, etc.) |
|
| (1) |
Where the Government has made compensation pursuant Article 30 (1), the Government may exercise in subrogation the victim's right to claim compensation for damages against the person who is liable for damage under Article 3 up to the extent of the amount it has paid to the victim. |
| (2) |
Where the Government compensates an insurer, etc. in accordance with Article 30 (4), the Government may exercise in subrogation the right of the insurer, etc. to claim the refund against any person to whom an advance payment is made under Article 11 (3) and (4). <Amended by Act No. 11369, Feb. 22, 2012> |
| (3) |
In any of the following cases, the Government may discontinue the exercise in subrogation of the right to claims under paragraphs (1) and (2) in accordance with a decision of the Credit Settlement Committee for Affairs Guaranteeing Motor Vehicle Accident Compensation under Article 39 (2) and dispose of deficits of the credits for the recourse amount or unrefunded advance payment, etc.: <Newly Inserted by Act No. 9450, Feb. 6, 2009> |
| 1. |
Where the extinctive prescription of the relevant right is completed; |
| 2. |
Cases prescribed by Presidential Decree where it is deemed impossible to collect receivables. |
law view
| Article 39-2 (Credit Settlement Committee for Affairs Guaranteeing Motor Vehicle Accident Compensation) |
|
| (1) |
In order to resolve matters related to dispositions of deficits of the receivables under Article 39 (1) and (2), the Minister of Land, Transport and Maritime Affairs shall establish the Credit Settlement Committee for Affairs Guaranteeing Motor Vehicle Accident Compensation (hereinafter referred to as "Credit Settlement Committee"). |
| (2) |
Matters necessary for the organization, operation, etc. of the Credit Settlement Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER VI SUPPLEMENTARY PROVISIONS
law view
| Article 40 (Prohibition on Seizure, etc.) |
|
The right to claims under Article 10 (1), 11 (1), or 30 (1) shall not be subject to seizure or alienation.
law view
| Article 41 (Prescription) |
|
Where the claim under Article 10, 11 (1), 29 (1) or 30 (1) is not exercised within three years, its prescription shall expire. <Amended by Act No. 9450, Feb. 6, 2009>
law view
| Article 42 (Prohibition on Dispositions, such as Registration of Non-Policyholders of Mandatory Insurance) |
|
| (1) |
Where a motor vehicle obligated to have mandatory insurance pursuant to Article 5 (1) through (3) falls under any of the following cases, the competent administrative agency (including any person entrusted with the relevant duties; hereinafter the same shall apply) shall accept registration, grant permission, conduct inspections or removal, or receive reports upon ascertaining that the motor vehicle has mandatory insurance: |
| (2) |
In applying paragraph (1) 1, where a motor vehicle is newly registered pursuant to Article 8 of the Motor Vehicle Management Act, the relevant motor vehicle shall be deemed to have mandatory insurance only if it has mandatory insurance indemnifying the liability for damages which occur after the expiration of the period of a temporary operation permit referred to in Article 27 of said Act. |
| (3) |
Necessary matters for the methods of, and procedures for, ascertaining the purchase of mandatory insurance referred to in paragraphs (1) and (2) and other matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
[This Article Wholly Amended by Act No. 11369, Feb. 22, 2012]
law view
| Article 43 (Inspection, Question, etc.) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs may, where deemed necessary, have public officials under his/her control visit rehabilitation facilities, medical institutions which have filed claims for motor vehicle insurance medical fees or offices, etc. of the persons entrusted with authority pursuant to Article 45 (1) through (4) to conduct any of the following acts: Provided, That only the acts set forth in subparagraphs 1 and 3 shall be applicable in cases of the medical institutions which have filed claims for motor vehicle insurance medical fees: <Amended by Act No. 9738, May 27, 2009> |
| 1. |
An inspection of papers, such as documents regarding the processing status of the duties prescribed by this Act; |
| 2. |
An act of receiving reports on matters of relevant duties, accounting, and property; |
| 3. |
An inquiry into relevant persons. |
| (2) |
The Minister of Land, Transport and Maritime Affairs may request the relevant central administrative agency, the relevant local government, or the Financial Supervisory Service, etc. to submit such data as may be necessary to ascertain the processing status of duties concerning the insurance business prescribed by this Act or to efficiently conduct affairs guaranteeing motor vehicle accident compensation. In such cases, the relevant central administrative agency, the relevant local government, or the Financial Supervisory Service, etc. which has been requested to submit the data shall comply therewith except in extenuating circumstances. |
| (3) |
Any public officials who conduct an inspection or inquiry in accordance with paragraph (1) shall carry a certificate to demonstrate their authority and show it to relevant persons. |
| (4) |
Where there is found to be against Acts and subordinate statutes or to have details of unreasonable conduct as a result of inspection or report pursuant to paragraph (1), the Minister of Land, Transport and Maritime Affairs may order the operator of rehabilitation facilities or the person who has been entrusted with authority to take corrective action. |
law view
| Article 43-2 (Monetary Rewards) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs may grant a monetary reward of up to one million won to a person who has witnessed a motor vehicle or driver that has killed or injured any third person due to the operation of a motor vehicle, the owner of which is unidentified, and reports or denounces such information to a relevant administrative agency or investigation agency prescribed by Presidential Decree, if the driver so reported or denounced is arrested. |
| (2) |
Monetary rewards referred to in paragraph (1) may be granted from a contribution prescribed in Article 37 (1) to the extent that the amount of compensation to be paid pursuant to Article 30 (1) 1 is saved as a result of arresting the driver reported or denounced under paragraph (1). |
| (3) |
Persons eligible for monetary rewards under paragraph (1), standards for, amount and methods of, and procedures for the payment thereof, and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11369, Feb. 22, 2012]
law view
| Article 44 (Delegation of Authority) |
|
The Minister of Land, Transport and Maritime Affairs may, as prescribed by Presidential Decree, delegate part of authority granted by this Act to the Mayor of Special Metropolitan City, Mayor of Metropolitan City, Governor of Do, Governor or Special Self-Governing Province, or the head of Si/Gun/Gu.
law view
| Article 45 (Entrustment of Duties) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs may entrust an insurer, etc. or an insurance-related organization with the following duties, as prescribed by Presidential Decree. In such cases, he/she or it shall consult with the Financial Services Commission with regard thereto: <Amended by Act No. 11369, Feb. 22, 2012> |
| 1. |
Duties concerning compensation as provided for in Article 30 (1); |
| 2. |
Duties concerning performing the rights and duties of a person conducting affairs guaranteeing motor vehicle accident compensation upon deeming the person conducting affairs guaranteeing motor vehicle accident compensation to be an insurer, etc. under Article 35; |
| 3. |
Duties concerning the receipt, management and use of contributions under Article 37; |
| 4. |
Duties concerning exercise of a subrogation claim for damages under Article 39 (1); |
| 5. |
Duties, such as investigation and verification of technical data, necessary for deliberating on agenda by the Credit Settlement Committee; |
| 6. |
Duties concerning the payment of monetary rewards referred to in Article 43-2 (1). |
| (2) |
The Minister of Land, Transport and Maritime Affairs may entrust the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act with duties to render aid referred to in Article 30 (2) and duties to install rehabilitation facilities, as prescribed by Presidential Decree. |
| (3) |
The Minister of Land, Transport and Maritime Affairs may entrust any institution in charge of calculating insurance premium rates with duties to organize and operate the computer networks for underwriting management provided for in Article 7. |
| (4) |
The Minister of Land, Transport and Maritime Affairs may entrust any insurance-related organization or any special corporation established under any special Act with duties concerning compensation provided for in Article 30 (4) and claims for refund provided for in Article 39 (2). <Amended by Act No. 11369, Feb. 22, 2012> |
| (5) |
The Government may provide subsidies to a person entrusted with the duties provided for in paragraph (1) or (2) within budgetary limits in order to appropriate such subsidies for compensation or aid money he/she has to pay. |
| (6) |
Any person entrusted with the duties referred to in paragraphs (1) through (4) shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act. <Newly Inserted by Act No. 9450, Feb. 6, 2009> |
| (7) |
The Government may provide subsidies to persons entrusted with the duties provided for in paragraphs (1) through (4) for expenses incurred in performing the entrusted duties from the contribution under Article 37. <Newly Inserted by Act No. 9450, Feb. 6, 2009> |
| (8) |
Matters necessary for the scope of subsidies referred to in paragraph (7) and persons entitled thereto shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9450, Feb. 6, 2009> |
law view
| Article 45-2 (Provision and Management of Information) |
|
| (1) |
Where an institution in charge of calculating insurance premium rates which is entrusted with the duties under Article 45 (3) is requested by a person entrusted with the duties under paragraph (1) of the same Article, it may provide him/her with information managed by the computer networks for underwriting management within the scope prescribed by Presidential Decree, such as the contents of the information to be furnished. |
| (2) |
Where information is provided under paragraph (1), an institution in charge of calculating insurance premium rates which is entrusted with the duties under Article 45 (3) shall, for three years, keep materials wherein the person whose information is furnished, the contents of the information provided, the person who has requested the information, and the purpose of providing information are recorded. |
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
law view
| Article 45-3 (Obligation of Person Utilizing Information) |
|
No institution entrusted in charge of calculating insurance premium rates which is entrusted with the duties under Article 45 (3) nor any person provided with the information under Article 45-2 (1) shall disclose any information discovered during the duties performed by him/her or use such information for unjustifiable purposes such as to furnish it for another person's use.
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER VII PENAL PROVISIONS
law view
| Article 46 (Penal Provisions) |
|
| (1) |
Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won: Provided, That a person falling under subparagraph 1 may be indicted only when a victim who has sustained damage by divulgence of his/her confidential information lodges a complaint against the offender: <Amended by Act No. 9450, Feb. 6, 2009; Act No. 11369, Feb. 22, 2012> |
| 1. |
A person who divulges any confidential information of any third person discovered in the course of inspecting medical records or investigation records relating to traffic accidents, in violation of Article 14 (5); |
| 2. |
An insurer, etc. which fails to keep separate accounting of a mandatory insurance business separate from other businesses, in violation of Article 27; |
| 3. |
An operator of a rehabilitation facility who fails to keep separate accounting from other businesses, in violation of Article 32 (3); |
| 4. |
A person who divulges any information or provides such information to any third person for his/her use, in violation of Article 45-3. |
| (2) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won: <Amended by Act No. 11369, Feb. 22, 2012> |
| 1. |
A motor vehicle owner who operates his/her motor vehicle during the period of exemption from purchase of a mandatory insurance policy, in violation of Article 5-2 (2); |
| 2. |
A motor vehicle owner who operates a motor vehicle uninsured by mandatory insurance, in violation of the main sentence of Article 8. |
| (3) |
Any medical institution that files a claim for motor vehicle insurance medical fees stating the false medical records, or that prepares false medical records to file such claim, in violation of Article 12 (3), shall be punished by a fine not exceeding 50 million won. |
law view
| Article 47 (Joint Penal Provisions) |
|
In the event that a representative of a corporation, or an agent, an employee or other workers of a corporation or an individual, has committed a violation described in Article 46 with respect to the business of the corporation, or of the individual, the corporation, or the individual, shall be punished by a fine under the relevant provisions, in addition to the punishment of the person who has committed such violation: Provided
, That the same shall not apply where the corporation or the individual has paid careful attention to the relevant business and has not negligently supervised the relevant business in order to prevent the violation.
[This Article Wholly Amended Act No. 9450, Feb. 6, 2009]
law view
| Article 48 (Fines for Negligence) |
|
| (1) |
Any insurer, etc. which has reduced the amount of a claim filed by a medical institution under Article 12 (2) without filing a petition for review thereof under Article 19 (1) in violation of Article 19 (4) shall be punished by a fine for negligence not exceeding fifty million Won. |
| (2) |
Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding twenty million won: |
| 1. |
Any insurer, etc. who has refused to pay the advance payment claimed by any victim in violation of Article 11 (2); |
| 2. |
Any founder of a medical institution who has filed a claim for motor vehicle insurance medical fees with a victim (or his/her guardian) in violation of Article 12 (5); |
| 3. |
Any insurer, etc. which has refused to enter into a contract for insurance or mutual aid provided for in Article 5 (1) through (3) with a person applying for such contract in violation of Article 24 (1); |
| 4. |
Any insurer, etc. which has cancelled or terminated a contract for mandatory insurance in violation of Article 25. |
| (3) |
Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million Won: <Amended by Act No. 9738, May 27, 2009> |
| 1. |
Any person who has failed to purchase a mandatory insurance policy provided for in Article 5 (1) through (3); |
| 2. |
Any insurer, etc. who has failed to issue a notice in violation of Article 6 (1) or (2); |
| 3. |
Any founder of a medical institution who has failed to keep and retain records of outings and sleep-overs by inpatients in violation of Article 13 (1), or has kept and retained them fraudulently; |
| 3-2. |
Any person who has failed to comply with a request for an inspection of records in violation of Article 13 (3); |
| 3-3. |
Any person who has failed to comply with inspections, requests for reports or questions under Article 43 (1) or who has impeded or avoided them without justifiable grounds. |
| 4. |
A person who fails to comply with a corrective order under Article 43 (4). |
| (4) |
Fines for negligence as provided for in paragraphs (1) through (3) shall be imposed and collected by the head of Si/Gun/Gu, as prescribed by Presidential Decree. <Newly Inserted by Act No. 9450, Feb. 6, 2009> |
law view
| Article 49 Deleted. <by Act No. 9450, Feb. 6, 2009> |
|
CHAPTER VIII SPECIAL CASES CONCERNING DISPOSITIONS AGAINST OFFENSES
law view
| Article 50 (Common Provisions) |
|
| (1) |
The term "offense" in this Chapter means any offense (excluding where a traffic accident is caused while operating a motor vehicle uninsured by a mandatory insurance policy) that constitutes any crime provided for in Article 46 (2), and the specific scope thereof shall be prescribed by Presidential Decree. <Amended by Act No. 11369, Feb. 22, 2012> |
| (2) |
The term "offender" in this Chapter means any person who commits an offense and does not fall under any of the following: |
| 1. |
A person who habitually commits offenses; |
| 2. |
A person in whose case it is deemed inappropriate to issue a notice disposition in view of the motives, means, consequences, etc. of the crime committed. |
| (3) |
The term "penalty" in this Chapter means money to be paid by an offender to the State Treasury or to the treasury of a Special Self-Governing Province or a Si/Gun/Gu (referring to an autonomous Gu) in compliance with the notice disposition referred to in Article 51. <Amended by Act No. 11369, Feb. 22, 2012> |
| (4) |
In order to help judicial police officials investigate offenses smoothly, the Minister of Land, Transport and Maritime Affairs may provide the Commissioner of the National Police Agency with the information managed in the computer networks for underwriting management, within the limits prescribed by Presidential Decree. <Amended by Act No. 11369, Feb. 22, 2012> |
law view
| Article 51 (Notice Dispositions) |
|
| (1) |
The head of a Si/Gun/Gu or the head of a police station may notify the person deemed an offender of the payment of penalty, by means of a penalty payment notice, stating the grounds therefor: Provided, That this shall not apply to the following persons: <Amended by Act No. 11369, Feb. 22, 2012> |
| 1. |
A person whose name or address is unidentified; |
| 2. |
A person who refuses to receive a penalty payment notice. |
| (2) |
The amount of penalties to be notified under paragraph (1) shall be prescribed by Presidential Decree within the amount of fines provided for in Article 46 (2) in view of the kind of the relevant motor vehicle and the severity of the relevant offense. |
law view
| Article 52 (Payment of Penalties) |
|
| (1) |
Any person who has received a penalty payment notice under Article 51 shall pay the relevant penalty to the receiving agency designated by the head of a Si/Gun/Gu or the head of a police station within ten days after receipt of the notice: Provided, That where he/she is unable to pay the penalty within the relevant period due to force majeure or any other inevitable grounds, he/she shall pay it within five days from the date such grounds have ceased. <Amended by Act No. 11369, Feb. 22, 2012> |
| (2) |
Any person dissatisfied with a penalty payment notice under paragraph (1) may file an objection with the head of a Si/Gun/Gu or the head of a police station by the specified payment deadline. <Amended by Act No. 11369, Feb. 22, 2012> |
law view
| Article 53 (Effect of Notice Dispositions) |
|
| (1) |
Any person who has paid a penalty under Article 51 (1) shall not be re-punished for the same offense. |
| 1. |
Where a case referred to in any subparagraph of Article 50 (2) occurs; |
| 2. |
Where a case referred to in any subparagraph of Article 51 (1) occurs; |
| 3. |
Where a penalty is not paid by the payment deadline provided for in Article 52 (1); |
| 4. |
Where an objection is filed under Article 52 (2). |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures Concerning Dispositions, etc.)
Any acts by/against administrative agencies done under the former provisions as at the time this Act enters into force shall be deemed acts by/against administrative agencies done under this Act corresponding thereto.
Article 3 (General Transitional Measures Concerning Penal Provisions)
The application of penal provisions to violations committed before this Act enters into force shall be governed by the former provisions.
Article 4 Omitted.
Article 5 (Relationship with other Acts and Subordinate Statutes)
Where the former Guarantee of Automobile Accident Compensation Act or the provisions thereof have been cited in other Acts or their subordinate statutes at the time when this Act enters into force, this Act or the corresponding provisions in this Act shall, if any, be deemed to have been cited in place of the former provisions.
ADDENDA <Act No. 9449, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Article 2 through 6 Omitted.
ADDENDA <Act No. 9450, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Motor Vehicle Insurance Medical Fees)
The amended provisions of subparagraph 7 (c) of Article 2 shall apply from the first payment made by a motor vehicle accident patient to a medical institution after this Act enters into force.
Article 3 (Applicability to Claim for Compensation for Advance Payment made by Insurer, etc. to Victim)
The amended provisions of Article 11 (5) shall apply from the first claim for compensation for the advance payment made to a victim, that filed after this Act enters into force.
Article 4 (Applicability to Extinctive Prescription of Claim for Reimbursement of Insurer, etc.)
The amended provisions of Article 41 shall apply from the first insurer, etc. who pays insurance payouts, etc. to a victim after this Act enters into force.
ADDENDUM <Act No. 9738, May 27, 2009>
This Act shall enter into force three months after the date of it promulgation: Provided
, That the amended provision of Article 32 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11369, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided
, That the amended provision of Article 17 (3) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Removal from Custody of Registration Number Plates of Motor Vehicles)
