Trucking Transport Business Act


Published: 2011-09-16

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the betterment of public welfare by facilitating the efficient management and sound growth of trucking transport businesses for smooth transportation of cargo.
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 Article 2 (Definitions)   print
The terms below have the meaning indicated when used in this Act: <Amended by Act No. 10804, Jun. 15, 2011>
1. The term "truck" refers to a truck or a special-purpose motor vehicle as defined in Article 3 of the Motor Vehicle Management Act and specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
2. The term "trucking transport services" includes trucking transport business, freight forwarding business, and franchise trucking business;
3. The term "trucking transport business" refers to a business that engages in transportation of cargo by truck for consideration in compliance with demands from third persons. In such cases, if cargo is not suitable for transportation by any vehicle for passenger transportation service because of its weight, volume, shape, or other characteristics, the shipper is allowed to travel by the truck with the cargo loaded, but the guidelines for such cargo, the scope of vehicles eligible for transportation of such cargo, and other relevant matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
4. The term "freight forwarding business" refers to a business that acts as a broker or an agent for making contracts for transportation of cargo for consideration in compliance with demands from customers or a business that engages in transportation of cargo in its own name and on its own account with trucking means owned by a person who runs a trucking transport business or a franchise trucking business;
5. The term "franchise trucking business" refers to a business that engages in transportation of cargo for consideration by its own trucks in compliance with demands from third persons or engages one of its trucking franchisees (referring only to franchisees which are trucking business operators under Article 3 (3)) to transport cargo;
6. The term "trucking business franchiser" refers to a person who holds a permit for a franchise trucking business in accordance with Article 29 (1);
7. The term "trucking franchisee" refers to a person who has a franchise granted by a trucking business franchiser (hereinafter referred to as "trucking franchiser") and a license to use the business mark (including the trade name, trademark and other similar marks; the same shall apply hereinafter) of the franchiser and who falls under any of the following items:
(a) A transport business operator who engages in transportation of cargo as consigned by a trucking franchiser or in compliance with demands from any person other than a trucking franchiser and who falls under Article 3 (3);
(b) A freight forwarder who acts as a broker or an agent for making contracts for transportation of cargo on a trucking franchiser's behalf, or who operates freight forwarding business for any person other than a trucking franchiser, and who falls under Article 24 (2);
(c) A person who engages in transportation of cargo as consigned by a trucking franchiser or in compliance with demands from any person other than a trucking franchiser and who is entrusted with part of the task of managing a trucking transport business under Article 40 (1): Provided, That this shall not include cases where the trucking business operator who entrusts part of the task of management is a trucking franchisee;
8. The term "trucking employee" refers to a truck driver, an office worker who carries out administrative works for transportation of cargo or an agency service for transportation, an assistant to such an office worker, or any other employee who works for a trucking transport business;
9. The term "public truck depot" refers to a depot established by the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or Do governor, or the Special Self-governing Province Governor (hereinafter referred to as "Mayor/Do governor") or the head of the competent Si/Gun/Gu (Gu refers to an autonomous Gu; the same shall apply hereinafter) to provide to trucking transport businesses;
10. The term "truck stop" refers to a facility, including resting establishments, built to provide services necessary for truck drivers to transport cargo, such as parking, maintenance and refueling, which is located along a freight route, such as a road under the Road Act, or in a hub of logistics including a logistics facility under the Act on the Development and Management of Logistics Facilities, so as to enable them to take a break during the transportation of cargo or wait for cargo work.
CHAPTER II TRUCKING TRANSPORT BUSINESS
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 Article 3 (Permit for Trucking Transport Business)   print
(1) Any person who intends to run a trucking transport business shall obtain a permit from the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) No holder of a permit for franchise trucking business in accordance with Article 29 (1) is not required to obtain the permit under paragraph (1).
(3) Any holder of a permit for trucking transport business under paragraph (1) (hereinafter referred to as "trucking business operator") shall, when he/she desires to have the permit amended, shall obtain an amended permit from the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That he/she shall, when he/she desires to have a trivial fact prescribed by Presidential Decree modified, file a report thereon with the Minister of Land, Transport and Maritime Affairs.
(4) The types of trucking transport businesses under paragraph (1) shall be prescribed by Presidential Decree.
(5) A permit for a trucking transport business or an amended permit that involves the expansion of a fleet of trucks under paragraph (1) or the main text of paragraph (3) shall be granted in compliance with the following guidelines:
1. The trucking transport business shall meet the supply standards publicly notified by the Minister of Land, Transport and Maritime Affairs for each type of business pursuant to paragraph (4), taking into consideration the demand for transportation of cargo; and
2. The trucking transport business shall meet the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the number of trucks, the capital or assessed value of assets, transport facilities including a depot (hereinafter referred to as "transport facilities"), and other relevant matters.
(6) A trucking business operator who falls under any of the following subparagraphs is not eligible for an amended permit that involves the expansion of his/her fleet of trucks:
1. If he/she has failed to obey an order issued pursuant to Article 13 for improvement; and
2. If one year has not passed since he/she was ordered to reduce his/her fleet of trucks pursuant to Article 19 (1).
(7) A trucking business operator shall report to the Minister of Land, Transport and Maritime Affairs matters concerning the standards relevant to the permit under paragraph (5) at an interval prescribed by Presidential Decree within a period of three years from the day on which the permit was granted pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 4 (Disqualifications)   print
A person falling under any of the following subparagraphs is not eligible for the permit for trucking transport business under Article 3 (1). The same shall apply to a legal entity if one of its executives falls under any of the following subparagraphs:
1. A person declared incompetent or quasi-incompetent;
2. A person declared bankrupt, but not yet reinstated;
3. A person for whom two years have not passed since a sentence of imprisonment with labor or any heavier punishment imposed upon him/her for any violation of this Act was completely executed (or is deemed to have been completely executed) or discharged;
4. A person who is under a suspended criminal punishment of imprisonment with labor as sentenced by a court for any violation of this Act; and
5. A person for whom two years have not passed since a permit was revoked pursuant to Article 19 (1).
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 Article 5 Deleted.<by Act No. 10804, Jun. 15, 2011>   print
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 Article 5-2 (Freight Rates and Charges)   print
(1) Tucking business operators shall fix freight rates and charges and shall report them to the Minister of Land, Transport and Maritime Affairs in advance.
(2) The scope of tucking business operators required to report freight rates and charges under paragraph (1) shall be prescribed by Presidential Decree.
(3) Necessary matters regarding procedures, etc. for reporting freight rates and charges under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
<This Article shall be effective until December 31, 2012 in accordance with Article 2 of the Addenda of Act No. 10804 dated June 15, 2011>
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 Article 6 (Standard Form of Transportation Contract)   print
(1) Each trucking business operator shall prepare a standard form of transportation contract and report it to the Minister of Land, Transport and Maritime Affairs. The same shall apply to intended revisions to the standard transportation contract form.
(2) The Minister of Land, Transport and Maritime Affairs may, if a standard contract form has been prepared by an association or a federation established pursuant to Article 48 or 50 and approved as standards for transportation of cargo after an examination by the Fair Trade Commission pursuant to Article 19-2 of the Regulation of Standardized Contracts Act (hereinafter referred to as the "standard contract form"), recommend trucking business operators to use such form.
(3) A trucking business operator who agrees to use the standard contract form when a permit for trucking transport business under Article 3 (including an amended permit) is granted to him/her shall be deemed to have completed the report under paragraph (1).
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 Article 7 (Trucking Business Operator's Liability)   print
(1) As to a trucking business operator's liability for damage caused by loss, destruction, or late delivery of cargo (hereinafter referred to as "accident in transit," Article 135 of the Commercial Act shall apply mutatis mutandis.
(2) For the purpose of applying paragraph (1), cargo that has not been delivered within three months after the deadline for delivery shall be deemed to have been lost.
(3) The Minister of Land, Transport and Maritime Affairs may conciliate a dispute over liability for damage under paragraph (1) at the shipper's petition, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) The Minister of Land, Transport and Maritime Affairs shall, upon receiving a petition from a shipper for conciliation of a dispute under paragraph (3), examine relevant facts, investigate losses, and then prepare a proposed conciliation agreement without delay.
(5) If both parties to a dispute accept a proposed conciliation agreement under paragraph (4), it shall be deemed that an agreement identical with the proposed conciliation agreement is made between the parties.
(6) The Minister of Land, Transport and Maritime Affairs may entrust business affairs for conciliation of disputes under paragraphs (3) and (4) to the Korea Consumer Agency under Article 33 (1) of the Framework Act on Consumers or a consumers' organization registered in accordance with Article 29 (1) of the aforesaid Act.
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 Article 8 (Qualifications for Truck Driver)   print
(1) A person who desires to work for trucking transport services as a driver shall satisfy the following requirements: <Amended by Act No. 10804, Jun. 15, 2011>
1. The person shall meet the requirements prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs as those necessary for driving jobs, including age and career as a driver;
2. The person shall meet the standards of in-depth examination of a driver's aptitude as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, the in-depth examination of a driver's aptitude shall be conducted by the Minister of Land, Transport and Maritime Affairs;
3. The person shall pass an examination conducted by the Minister of Land, Transport and Maritime Affairs on the Trucking Transport Business Act and subordinate statutes, guidelines for handling cargo, and other relevant rules and complete a training course as prescribed. In such cases, only those who satisfy the requirements under subparagraphs 1 and 2 are eligible to apply for the examination.
(2) The Minister of Land, Transport and Maritime Affairs shall issue to a person who satisfies the requirements under paragraph (1) a qualification certificate showing that the person is qualified as a truck driver (hereinafter referred to as "truck driver qualification certificate").
(3) Matters necessary for the examination, training course, and issuance of qualification certificates under paragraphs (1) and (2) and other relevant matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 9 (Disqualification)   print
Any person falling under any of the following subparagraphs is not eligible for the qualification as a truck driver under Article 8:
1. A person falling under subparagraph 1, 3, or 4 of Article 4: and
2. A person for whom two years have not passed since his/her qualification as a truck driver was revoked pursuant to any provision of Article 23 (1) 1 through 6.
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 Article 10 (Maintenance of Records of Employed Truck Drivers)   print
(1) Every trucking business operator shall, when he/she employs a truck driver, keep and maintain records of facts required for the issuance of driver's career certificate, including the employment period.
(2) An association or a federation established in accordance with Article 48 or 50 (hereinafter referred to as "business operators' organization") may carry out the works required for preparing and keeping records of the employment period under paragraph (1) as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 10-2 (Keeping and Maintenance of Truck Drivers' Traffic Safety Records)   print
(1) The Minister of Land, Transport and Maritime Affairs shall keep and maintain records pertaining to truck drivers' traffic accidents and traffic offenses to secure the safe operation of trucks. In such cases, the Minister of Land, Transport and Maritime Affairs may request the Commissioner General of the National Police Agency to provide necessary documents and other cooperation.
(2) The Commissioner General of the National Police Agency requested to provide cooperation under paragraph (1) shall comply with such request unless there are any special circumstances to the contrary.
(3) The Minister of Land, Transport and Maritime Affairs shall provide the details of truck drivers' casualty accidents and traffic offenses, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, to the relevant Mayor/Do governor and business operators' organization.
(4) To keep and maintain the records under paragraph (1), the Minister of Land, Transport and Maritime Affairs may request any business operators' organization or trucking business operator to provide the records kept and maintained by it or him/her under Article 10. In such cases, the business operators' organization or trucking business operator so requested shall promptly provide such records unless there is any special reason to the contrary.
[This Article Newly Inserted by Act No. 11064, Sep. 16, 2011]
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 Article 11 (Trucking Business Operators' Obligations)   print
(1) Every trucking business operator shall carry on his/her business earnestly within the permitted scope of business, but shall not offer any unfair term or condition of transportation, nor refuse to enter into a transportation contract without justifiable grounds, nor commit any act that may seriously undermine the order in transportation of cargo.
(2) No trucking business operator shall force a driver to remain driving in excess of normal working hours so as to prevent the driver from overworking and to secure the safety in operations.
(3) No trucking business operator shall transport any cargo that does not conform to the guidelines for transportation of cargo under the latter part of subparagraph 3 of Article 2.
(4) No trucking business operator shall provide or receive money or goods unjustly to or from an automobile management business operator under the Automobile Management Act in connection with a vehicle broken down or involved in an accident or in the transportation of cargo.
(5) Each trucking business operator shall guide and supervise trucking employees who work for the relevant trucking transport business to ensure that they perform the obligations under Article 12.
(6) No trucking business operator shall commit an unlawful act to return all or part of freight rates and charges that he/she has received in consideration for transportation of cargo to another trucking business operator or a person who runs a freight forwarding business.
(7) Deleted. <by Act No. 10804, Jun. 15, 2011>
(8) Each trucking business operator shall keep a table of freight rates and charges and a standard form of transportation contract at his/her place of business or truck to produce them whenever a user requests him/her to show them.
(9) No trucking business operator shall have franchises to run two or more franchised trucking businesses (hereinafter referred to as "trucking franchisees").
(10) No trucking business operator who is a trucking franchisee shall receive any cargo directly through a freight forwarder who works for the trucking franchiser of which he/she is a franchisee.
(11) Each trucking business operator who is a trucking franchisee shall change his/her trade name to indicate that he/she is a franchisee of the trucking franchiser concerned and report it to the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(12) If a trucking business operator consigns the transportation of cargo to a person to whom he/she has entrusted part of the task of managing his/her business under Article 40 (1) (hereinafter referred to as "entrusted owner operator") or to another trucking business operator who only owns one truck (hereinafter referred to as "single truck owner operator"), he/she shall deliver to the entrusted owner operator or the single truck owner operator a cargo consignment note specifying the types of cargo, freight rates, and other information as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, at the latter's request. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(13) The Minister of Land, Transport and Maritime Affairs may establish rules on the following matters by Ordinance of the Ministry of Land, Transport and Maritime Affairs in addition to the obligations under paragraphs (1) through (6) and (8) through (12): <Amended by Act No. 10804, Jun. 15, 2011>
1. Rules on the use of depots for trucking transport businesses and transport facilities;
2. Other rules that trucking business operators shall observe to promote the safety of transportation and shippers' convenience.
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 Article 11-2 (Duty of Trucking Business Operators to Directly Transport Cargo)   print
(1) A trucking business operator as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall directly transport cargo for which he/she has made transportation contracts with shippers, using his/her own vehicles, by at least the ratio as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That, where he/she transports cargo using such vehicles as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall be deemed to directly transport such cargo.
(2) No trucking business operator shall consign the transportation of cargo, except those directly transported under paragraph (1), to any person other than those listed in the following subparagraphs:
1. Another trucking business operator;
2. An entrusted owner operator belonging to another trucking business operator.
(3) A trucking business operator who engages in the transportation of cargo on consignment from another trucking business operator or a freight forwarder, or a trucking business operator (referring only to a trucking business operator who is a trucking franchisee) who engages in the transportation of cargo on consignment from a trucking franchiser, shall directly transport cargo using his/her own vehicles.
(4) The main sentence of paragraph (1) concerning direct transportation shall also apply where a trucking business operator runs a freight forwarding business in addition to the trucking transport business.
(5) A trucking business operator shall be deemed to have directly transported cargo if he/she has consigned the transportation of cargo using the cargo information network of a trucking franchiser or any accredited information network under Article 34-2 (2), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 11-3 (Obligation to Manage Consignments)   print
(1) Where a trucking business operator seeks to consign the transportation of cargo to another trucking business operator, he/she shall ascertain the transport capacity of such other trucking business operator including the current vehicle holdings, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Where a trucking business operator has completed the direct transportation of cargo pursuant to Article 11-2 (3), he/she shall transmit the results of transporting the consigned cargo to the consigner and shall keep a record thereof, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) If a trucking business operator receives the results of transporting consigned cargo pursuant to paragraph (2), he/she shall ascertain whether such cargo is transported in compliance with Article 11-2 (3) and shall report a violation, if any, to the competent authorities.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 12 (Trucking Employees' Obligations)   print
(1) No trucking employee who works for a trucking transport business shall commit any of the following acts: <Amended by Act No. 10804, Jun. 15, 2011>
1. Forcing a customer to unload any cargo in transit without justifiable grounds;
2. Refusing to transport any cargo without justifiable grounds;
3. Demanding or receiving any unfair freight rate or charge;
4. Providing or receiving money or goods unjustly to or from an automobile management business operator under the Automobile Management Act in connection with a vehicle broken down or involved in an accident or in the transportation of cargo;
5. Stoping his/her vehicle at a certain place for a long time to tout for customers;
6. Starting or operating his/her vehicle with all the doors not fully closed.
(2) The Minister of Land, Transport and Maritime Affairs may establish rules that trucking employees shall observe to secure the safety of operations and promote shippers' convenience.
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 Article 13 (Order for Improvement)   print
The Minister of Land, Transport and Maritime Affairs may, if deemed necessary for securing the safety of operations, establishing order in transportation, and promoting shippers' convenience, issue orders to trucking business operators to take the following measures:
1. To amend the standard form of transportation contract;
2. To alter the structure of trucks and improve transport facilities;
3. To take measures for the safe transportation of cargo;
4. To carry a cargo liability insurance policy provided for under Article 35 and an insurance policy or a liability mutual aid agreement that each trucking business operator is obligated to carry or enter into in accordance with the Guarantee of Automobile Accident Compensation Act; and
5. To take other measures prescribed by Presidential Decree as necessary for the improvement of trucking transport business.
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 Article 14 (Orders for Commencement of Business)   print
(1) If there are reasonable grounds to believe that a group of trucking business operators or trucking employees refuses to transport cargo without justifiable grounds to cause a great difficulty in transportation of cargo and such an collective movement brings about or is anticipated to bring about a very serious crisis in the national economy, the Minister of Land, Transport and Maritime Affairs may issue orders to such trucking business operators or trucking employees to commence their businesses.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to issue an order to trucking business operators or trucking employees pursuant to paragraph (1), bring the case to the State Council for deliberation.
(3) Neither trucking business operators nor trucking employees may refuse, without justifiable grounds, to follow an order issued pursuant to paragraph (1).
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 Article 15 (Accreditation of Good Business Entity)   print
(1) The Minister of Land, Transport and Maritime Affairs may confer accreditation of good business entity on trucking business operators who provide shippers with facilities and equipment for their convenience, furnish them with information on transportation of cargo, and contribute to the improvement of service for shippers through safe transportation of cargo.
(2) A trucking business operator who seeks to obtain the accreditation of good business entity pursuant to paragraph (1) shall file an application with the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(3) The Minister of Land, Transport and Maritime Affairs may issue a certificate of accreditation to a trucking business operator who obtains the accreditation of good business entity pursuant to paragraph (1) (hereinafter referred to as "accredited business entity"), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and the accredited business entity may use an accreditation mark. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(4) No trucking business operator other than an accredited business entity shall use an accreditation mark or other similar mark. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(5) The Minister of Land, Transport and Maritime Affairs may require a trucking business operator who files an application for the accreditation of good business entity under paragraph (1) to bear expenses necessary for such accreditation, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(6) The Minister of Land, Transport and Maritime Affairs may check whether accredited business entities keep themselves compatible with the accreditation standards under paragraph (9). <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(7) The Minister of Land, Transport and Maritime Affairs may entrust the affairs of examination to select accredited business entities under paragraph (1) to the Korea Consumer Agency under Article 33 (1) of the Framework Act on Consumers or a consumers' organization registered in accordance with Article 29 (1) of the aforesaid Act. <Amended by Act No. 10804, Jun. 15, 2011>
(8) The Minister of Land, Transport and Maritime Affairs may provide financial support under Article 43 preferentially to accredited business entities. <Amended by Act No. 10804, Jun. 15, 2011>
(9) Necessary matters regarding the standards, procedures and methods for accreditation, the methods for checking and accreditation marking, etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 10804, Jun. 15, 2011>
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 Article 15-2 (Revocation, etc. of Accreditation)   print
(1) The Minister of Land, Transport and Maritime Affairs may revoke the accreditation of an accredited business entity if it falls under any of the following subparagraphs: Provided, That where it falls under subparagraph 1, he/she shall revoke its accreditation:
1. Where it has obtained its accreditation by fraud or other wrongful means;
2. Where it has refused to undergo the check under Article 15 (6) at least thrice without justifiable grounds;
3. Where it no longer satisfies the accreditation standards under Article 15 (9).
(2) Any accredited business entity, the accreditation of which is revoked pursuant to paragraph (1), shall return the certificate of accreditation under Article 15 (3) and discontinue the use of any accreditation mark under Article 15 (3).
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 16 (Transfer and Acquisition of Trucking Transport Business)   print
(1) When a trucking transport business is transferred to a third party, the transferee shall file a report thereon with the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) When legal entities, both of whom are trucking business operators, merge with one another (excluding cases where a legal entity that is a trucking business operator acquires, for merger, another legal entity that is not a trucking business operator), the legal entity surviving the merger or newly established as a consequence of the merger shall file a report on the merger with the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs may, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, restrict the transfer, acquisition, and merger of trucking transport businesses under paragraphs (1) and (2) to maintain a regional balance between truck supplies and demands and build a stable and orderly shipping market. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(4) Upon filing a report under paragraph (1) or (2), the transferee of a trucking transport business succeeds to the status of the transferor as a trucking business operator, and the legal entity newly established as a consequence of a merger or surviving after a merger succeeds to the status of the legal entity dissolving upon the merger as a trucking business operator. <Amended by Act No. 10804, Jun. 15, 2011>
(5) As to the disqualifications of a transferee or a legal entity surviving after a merger or newly established as a consequence of a merger under paragraph (1) or (2), Article 4 shall apply mutatis mutandis. <Amended by Act No. 10804, Jun. 15, 2011>
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 Article 17 (Inheritance of Trucking Transport Business)   print
(1) If an heir of a deceased trucking business operator intends to continue the trucking transport business, he/she shall file a report of his/her intention with the Minister of Land, Transport and Maritime Affairs within 60 days after the predecessor has deceased.
(2) When the report under paragraph (1) is filed, the permit granted to the predecessor shall be deemed to have been granted to the heir for the period of time from the date of death of the predecessor until the date the report is filed.
(3) The heir who filed the report under paragraph (1) succeeds the status of the predecessor as a trucking business operator.
(4) As to the disqualifications of an heir under paragraph (1), Article 4 shall apply mutatis mutandis: Provided, That in cases where an heir transfers the trucking transport business of the predecessor to third person within three months from the date of death of the predecessor, the permit granted to the predecessor for the trucking transport business shall be deemed to have been granted to the heir for the period of time from the date of death of the predecessor to the date of transfer.
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 Article 18 (Report on Temporary Shutdown or Permanent Closure of Trucking Transport Business)   print
(1) Any trucking business operator shall, when he/she intends to temporarily shut down the whole or part of the trucking transport business or close the whole trucking transport business, file a report thereon in advance with the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any trucking business operator who intends to temporarily shut down the whole or part of the trucking transport business or close the whole trucking transport business shall post a notice of his/her intention at his/her place of business or any other place at which the general public can easily read it.
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 Article 19 (Revocation of Permit for Trucking Transport Business)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if a trucking business operator falls under any of the following subparagraphs, revoke the permit, issue an order to suspend the business completely or partially during a prescribed period of time not exceeding six months, or reduce the number of vehicles: Provided, That he/she shall revoke the permit without an exception, if a trucking business operator falls under subparagraph 1 or 5: <Amended by Act No. 10804, Jun. 15, 2011>
1. If a trucking business operator obtained the permit under Article 3 (1) in a fraudulent way;
1-2. If a trucking business operator failed to produce the transport results meeting the guidelines as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs for six months after having obtained the permit;
2. If a trucking business operator obtained an amended permit under Article 3 (3) in a fraudulent way or changed any of the permitted matters without obtaining an amended permit;
3. If a trucking business operator failed to meet the guidelines under Article 3 (5);
4. If a trucking business operator did not file a report in accordance with Article 3 (7) or filed a false report;
5. If a trucking business operator comes to fall under any subparagraph of Article 4: Provided, That if one of executives of a legal entity falls under any subparagraph of Article 4 but is replaced by another person within three months, the permit shall not be revoked;
6. If a trucking business operator has engaged a person with no qualification as a truck driver to transport a cargo;
7. If a trucking business operator has breached any obligation under Article 11 (excluding paragraph (4) of the aforesaid Article);
7-2. If a trucking business operator has breached the duty of direct transportation, etc. under Article 11-2;
7-3. If a trucking business operator has failed to fulfill the obligation to manage consignments under Article 11-3;
7-4. If a trucking business operator who employed himself/herself as a driver of one of his/her own trucks, a trucking employee employed by a trucking business operator, or an entrusted owner operator has been subjected to a fine for negligence under Article 70, at least three times a year, for a violation of Article 12 (1) 5;
8. If a trucking business operator has failed to obey an order for improvement in accordance with Article 13 without any justifiable reason;
9. If a trucking business operator has failed to obey an order to commence his/her business in accordance with Article 14 without any justifiable reason;
10. If a trucking business operator has violated a disposition of business suspension or an order to reduce the number of vehicles made or issued pursuant to this Article;
11. If a trucking business operator has caused a serious traffic accident or has caused numerous traffic accidents, resulting in a number of casualties;
12. If a trucking business operator who was subjected to the suspension of subsidy pursuant to Article 44-2 (1) has fallen under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension;
12-2. If a trucking business operator has failed to make a report under Article 47-2 (1) or has filed a false report;
12-3. If a trucking business operator has failed to meet the criteria under Article 47-2 (2).
(2) The scope of serious traffic accidents and frequently repeated traffic accidents under paragraph (1) 1 shall be prescribed by Presidential Decree.
(3) The guidelines and procedures for the revocation of permits, the disposition of business suspension, and orders for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
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 Article 20 (Suspension of Operation of Motor Vehicles)   print
(1) A trucking business operator shall, if any of the following events happens to him/her, return registration certificates and registered number plates of the trucks concerned to the Minister of Land, Transport and Maritime Affairs:
1. If he/she has filed a report on temporary shutdown or permanent closure of the trucking transport business in accordance with Article 18 (1);
2. If his/her permit has been revoked or a disposition of business suspension is made against him pursuant to Article 19 (1); and
3. If the permit is amended to reduce the number of vehicles (including cases where the number of vehicles is reduced in compliance with an order issued pursuant to Article 19 (1)).
(2) The Minister of Land, Transport and Maritime Affairs shall, when any of the following events happens, return the registration certificates and registered number plates of the trucks kept in his/her custody pursuant to paragraph (1) to the trucking business operator concerned:
1. When the period of temporary shutdown reported in accordance with Article 18 (1) ends; and
2. When the period of business suspension under Article 19 (1) ends.
(3) Any trucking business operator who has registered number plates returned pursuant to paragraph (2) shall reaffix them on the trucks and shall have them sealed by the competent Mayor/Do governor.
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 Article 21 (Imposition of Penalty Surcharges)   print
(1) The Minister of Land, Transport and Maritime Affairs may, when he/she makes a disposition of business suspension against a trucking business operator who falls under any subparagraph of Article 19 (1) but if it is anticipated that the disposition of business suspension is likely to cause severe inconvenience to users of the trucking transport business or undermine public interest otherwise, impose and collect a penalty surcharge not exceeding 20 million won in substitution for the disposition as prescribed by Presidential Decree.
(2) The amount of a penal surcharge depending upon the category and degree of an offense against which the penalty surcharge under paragraph (1) shall be imposed and other necessary matters shall be prescribed by Presidential Decree.
(3) If a person against whom a penalty surcharge has been imposed pursuant to paragraph (1) fails to pay it by the prescribed deadline, the Minister of Land, Transport and Maritime Affairs shall collect it in accordance with precedents on dispositions against default on national taxes.
(4) The penalty surcharge collected pursuant to paragraph (1) may not be used (or spent as a subsidy or a loan) for any purpose other than those provided for in the following subparagraphs: <Amended by Act No. 10804, Jun. 15, 2011>
1. Construction and expansion of cargo terminals;
2. Construction and expansion of common depots (referring to depots established or leased by a business operators' organization, a truck business operator, or a trucking franchiser to provide them to trucking business operators or trucking franchisers for common use;
3. Improvement of business management and other matters necessary for the development of trucking transport business, including actions providing information on cargo;
4. Payment of reporting rewards under Article 60-2 (1).
(5) The Minister of Land, Transport and Maritime Affairs shall establish and implement plans for the management of collected penalty surcharge as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 22 (Hearings)   print
The Minister of Land, Transport and Maritime Affairs shall hold a hearing whenever he/she seeks to make a disposition falling under any of the following subparagraphs:
1. Revocation of accreditation under Article 15-2;
2. Revocation of a permit for a trucking transport business under Article 19 (1);
3. Revocation of a permit for a freight forwarding business under Article 27;
4. Revocation of a permit for a franchise trucking business under Article 32.
[This Article Wholly Amended by Act No. 10804, Jun. 15, 2011]
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 Article 23 (Revocation of Qualification as Truck Driver)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if a person who has acquired the qualification as a truck driver falls under any of the following subparagraphs, revoke the qualification or suspend the validity of the qualification for a prescribed period not exceeding six months: Provided, That he/she shall revoke the qualification without exception, if such person falls under subparagraph 1, 2, 5, 6, or 7:
1. If the person falls under any subparagraph of Article 4 which shall apply mutatis mutantis to persons pursuant to subparagraph 1 of Article 9:
2. If the person has acquired the qualification as a truck driver by deceit or other fraudulent means;
3. If the person has violated Article 14 (3);
4. If such person has caused a traffic accident while transporting cargo intentionally or negligently, killing or injuring another person;
5. If the person has lent his/her truck driver qualification certificate to third person;
6. If the person has continued his/her work as a truck driver during a period of time for which his/her qualification as a truck driver was suspended; and
7. If the driver's license with which he/she was permitted to drive a truck pursuant to the Road Traffic Act has been cancelled.
(2) Matters necessary for the criteria and procedure for dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) As to the revocation of qualification as a truck driver, Article 22 shall apply mutatis mutandis.
CHAPTER III FREIGHT FORWARDING BUSINESS
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 Article 24 (Permit for Cargo Forwarding Business)   print
(1) Any person who desires to run a freight forwarding business shall obtain a permit from the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That a person who holds a permit for a franchise trucking business under Article 29 (1) is not required to obtain the afore-mentioned permit.
(2) Any holder of a permit for a freight forwarding business under the main sentence of paragraph (1) (hereinafter referred to as "freight forwarder") shall, when he/she desires to have his/her permit amended, file a report thereon with the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The types of freight forwarding business under paragraph (1) shall be specified by Presidential Decree.
(4) The criteria for the permit for a freight forwarding business under paragraph (1) are as follows:
1. The business shall satisfy the supply standards publicly notified by the Minister of Land, Transport and Maritime Affairs, taking into consideration demands for brokerage in transportation of cargo;
2. The area of its office, its capital or assessed value of assets, and other matters shall meet the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) As to reports on matters concerning the criteria for the permit for a freight forwarder, Article 3 (7) shall apply mutatis mutandis.
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 Article 25 (Prohibition on Borrowing Freight Forwarder's Name)   print
No freight forwarder may allow anther person to run a freight forwarding business in the forwarder's name.
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 Article 26 (Freight Forwarder's Obligations)   print
(1) With respect to cargo for which a freight forwarder has made a transportation contract in his/her own name, the freight forwarder shall not make a subcontract with another freight forwarder for the remaining amount after deducting a certain amount from the original contract amount: Provided, That the same shall not apply where the freight forwarder commissions another freight forwarder to act as a broker or an agent to consign the transportation of cargo directly to an entrusted owner operator or a single truck owner operator so that the cargo may be transported in a more efficient way. <Amended by Act No. 10804, Jun. 15, 2011>
(2) With respect to cargo for which a freight forwarder was requested by a shipper to act as a broker or an agent, the freight forwarder shall not commission another freight forwarder to act as a broker or an agent for the cargo in consideration for a fee or any other compensation.
(3) Deleted. <by Act No. 10804, Jun. 15, 2011>
(4) No freight forwarder shall give any false information to a trucking business operator about the kind, weight, or volume of cargo or any other relevant fact.
(5) No freight forwarder who is also a trucking franchisee shall act as a broker for transportation of cargo for another trucking franchisee of the trucking business franchiser of which he/she is also a franchisee.
(6) Arranging cargo by a freight forwarder to a trucking business franchiser for transportation shall not be deemed as making a subcontract or acting as a broker or agent under paragraph (1) or (2).
(7) The matters to be observed by freight forwarders to establish order in the transportation of cargo and promote shippers' convenience, other than those provided in paragraphs (1), (2), and (4) through (6), shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
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 Article 26-2 (Application of Freight Forwarders' Obligations, etc. to International Logistics Mediation Business Operators)   print
Where a person, who runs an international logistics mediation business registered under Article 43 (1) of the Framework Act on Logistics Policies, arranges trucking services to transport export-import cargo within the Republic of Korea, Article 26, Article 11-3 (1) and (3) which is applicable mutatis mutandis under Article 28, and Article 47-2 (1) governing freight forwarders' obligations, the obligation to manage consignments, the reporting and management of actual results, etc. shall apply.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 27 (Revocation of Permit for Freight Forwarding Business)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if a freight forwarder falls under any of the following subparagraphs, revoke the permit or issue an order to suspend the business for a prescribed period of time not exceeding six months: Provided, That he/she shall revoke the permit without exception, if a freight forwarder falls under subparagraph 1, 2, or 9: <Amended by Act No. 10804, Jun. 15, 2011>
1. If a freight forwarder falls under any subparagraph of Article 4 which shall apply mutatis mutantis to him/her pursuant to Article 28: Provided, That where one of the executives of a legal entity falls under any subparagraph of Article 4 but is replaced by another person within three months, the permit shall not be replaced;
2. If a freight forwarder has obtained a permit under Article 24 (1) by deceit or in any other fraudulent manner;
3. If a freight forwarder has ceased to meet the criteria for a permit under Article 24 (4);
4. If a freight forwarder has failed to file a report under Article 24 (5) or has filed a false report;
5. If a freight forwarder has violated Article 25;
6. If a freight forwarder has breached an obligation under Article 26;
7. If a freight forwarder has breached an obligation under Article 11 (excluding paragraphs (3), (4), (10), and (13) of the aforesaid Article) which shall apply mutatis mutandis to him/her pursuant to Article 28;
7-2. If a freight forwarder has failed to fulfill the obligation to manage consignments under Article 11-3 (1) and (3) which is applicable mutatis mutandis under Article 28;
8. If a freight forwarder has failed to obey any order for improvement under Article 13 (excluding subparagraph 2 of the aforesaid Article) which shall apply mutatis mutandis to him/her pursuant to Article 28;
8-2. If a freight forwarder has failed to file a report under Article 47-2 (1) or has filed a false report;
9. If a freight forwarder has continued the business during a business suspension period in violation of any order for business suspension under this Article;
10. If a freight forwarder has violated this Act or an order or disposition issued or made pursuant to this Act.
(2) The criteria and procedure for the revocation of the permit under paragraph (1) or the disposition of business suspension and other necessary matters shall be prescribed by Presidential Decree.
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 Article 28 (Provisions Applicable Mutatis Mutandis)   print
As to freight forwarding businesses, Articles 4, 6, 7, 11 (excluding paragraphs (3), (4), (10), and (13) of the aforesaid Article), 11-3 (1) and (3), 12 (excluding paragraph (1) 4 of the aforesaid Article), 13 (excluding subparagraph 2 of the aforesaid Article), 15, 15-2, 16 through 18, and 21 shall apply mutatis mutandis. In such cases, the term "standard form of transportation contract" shall be construed as "standard form of freight forwarding contract" in applying Article 6 or 11 (8) or subparagraph 1 of Article 13 mutatis mutandis, while the term "trucking business operator" shall be construed as "freight forwarder" and the term "another trucking business operator" as "trucking business operator" in applying Article 11-3 (1) and (3) mutatis mutandis. <Amended by Act No. 10804, Jun. 15, 2011>
CHAPTER IV FRANCHISE TRUCKING BUSINESS AND CARGO INFORMATION NETWORK
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 Article 29 (Permit for Franchise Trucking Business)   print
(1) A person who desires to run a franchise trucking business shall obtain a permit from the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) A trucking franchiser who holds a permit under paragraph (1) shall, when he/she desires to have the permit amended, obtain an amended permit from the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That he/she shall, when he/she desires to have a trivial fact therein modified, file a report thereon with the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The criteria for a permit for a franchise trucking business or an amended permit that involves the expansion of a fleet of trucks under paragraph (1) or the main text of paragraph (2) are as follows:
1. The franchise trucking business shall meet the supply standards publicly notified by the Minister of Land, Transport and Maritime Affairs, taking into consideration the demand for transportation of cargo; and
2. The franchise trucking business shall meet the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the number of trucks (including the number trucks owned by trucking franchisees), the capital or assessed value of assets, transport facilities, and other relevant matters. (4) As to reports on matters regarding for a permit for a trucking franchiser, Article 3 (7) shall apply mutatis mutandis.
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 Article 30 (Roles of Trucking Franchiser and Trucking Franchisees)   print
(1) A trucking franchiser shall carry out the following work conscientiously for the smooth running of the franchise trucking business:
1. Allocating cargo fairly between the trucking franchiser and his/her trucking franchisees for direct transportation by him/her and indirect transportation through franchisees;
2. Developing and diffusing effective techniques for transportation; and
3. Establishing and operating a common electronic computer network for smooth transportation of cargo.
(2) Trucking franchisees shall carry out the following works conscientiously to assist the smooth running of the franchise trucking business;
1. Providing the trucking franchiser with transportation service in compliance with the guidelines established by the trucking franchiser (applicable only to trucking franchisees who are trucking business operators);
2. Informing of the location of each vehicle for smooth transportation of cargo (applicable only to trucking franchisees who are trucking business operators); and
3. Securing cargo and supplying them to the trucking franchiser (applicable only to trucking franchisees who are freight forwarders).
(3) As to the conciliation of disputes between a trucking franchiser and a trucking franchisee, Article 7 (3) through (6) shall apply mutatus mutandis. In such cases, the term "shipper" shall be construed as "trucking franchiser or trucking franchisee."
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 Article 31 (Improvement Orders)   print
The Minister of Land, Transport and Maritime Affairs may, when deemed necessary for securing the safety of operations, establishing order in transportation, and promoting shippers' convenience, issue an order to a trucking franchiser to take any of the following measures:
1. To amend the standard form of transportation contract;
2. To alter the structure of trucks or improve transport facilities;
3. To take measures for the safe transportation of cargo;
4. To notify the duty to provide the information disclosure statement under Article 7, 10, 11, or 13 of the Fair Transactions in Franchise Business Act, which shall apply mutatis mutandis pursuant to Article 34, the return of a franchise deposit, descriptions of a franchise form of contract, the renewal of a franchise contract, and other relevant matters;
5. To carry a cargo liability insurance policy or the like under Article 35 and an insurance policy or liability mutual aid agreement that the trucking franchiser is obligated to carry or enter into under the Guarantee of Automobile Accident Compensation Act; and
6. To take other measures prescribed by Presidential Decree as necessary for improving the franchise trucking business.
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 Article 32 (Revocation of Permits for Franchise Trucking Businesses)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if a trucking franchiser falls under any of the following subparagraphs, revoke the permit or issue an order to suspend the business completely or partially for a prescribed period of time not exceeding six months or an order to reduce the number of trucks: Provided, That he/she shall revoke a permit without exception, if a trucking franchiser falls under subparagraph 1 or 4: <Amended by Act No. 10804, Jun. 15, 2011>
1. If a trucking franchiser falls under any subparagraph of Article 4, which shall apply mutatis mutandis to him/her pursuant to Article 33: Provided, That the permit shall not be revoked if one of the executives of a legal entity falls under any subparagraph of Article 4, but is replaced by another person within three months:
2. If a trucking franchiser has engaged a person not qualified as a truck driver to transport cargo;
3. If a trucking franchiser has failed to obey an order for commencement of business under Article 14, which shall apply mutatis mutandis to him/her pursuant to Article 33, without justifiable grounds;
4. If a trucking franchiser has obtained the permit under Article 29 (1) by deceit or in any other fraudulent manner;
5. If a trucking franchiser has obtained an amended permit under Article 29 (2) by deceit or in any other fraudulent manner;
6. If a trucking franchiser ceases to meet the criteria for the permit or amended permit under Article 29 (3);
7. If a trucking franchiser has failed to file the report under Article 29 (4) or has filed a false report;
8. If a trucking franchiser has failed to obey an improvement order under Article 31 without justifiable grounds;
9. If a trucking franchiser has violated Article 11 (excluding paragraphs (4) and (9) through (11) of the aforesaid Article) or 25 (excluding cases where he/she allows his/her trucking franchisees to use his/her own business mark), which shall apply mutatis mutandis to him/her pursuant to Article 33;
9-2. If a trucking franchiser has failed to fulfill the obligation to manage consignments under Article 11-3 (1) and (3), which shall apply mutatis mutandis to him/her pursuant to Article 33;
10. If a trucking franchiser has violated any provisions of Articles 7, 9 through 11, 13, and 14 of the Fair Transactions in Franchise Business Act, which shall apply mutatis mutandis to him/her pursuant to Article 34;
11. If a trucking franchiser has violated an order issued pursuant to this Article to suspend the business or reduce the number of vehicles;
12. If a trucking franchiser has caused a serious traffic accident or has caused numerous traffic accidents, resulting in a number of casualties;
13. If a trucking franchiser who was subjected to the suspension of subsidy pursuant to Article 44-2 (1) has fallen under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension;
13-2. If a trucking franchiser has failed to file a report under Article 47-2 (1) or has filed a false report.
(2) The scope of serious traffic accidents and frequently repeated traffic accidents under paragraph (1) 12 shall be prescribed by Presidential Decree.
(3) The guidelines and procedure for the revocation of the permit, the disposition of business suspension, or the order for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
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 Article 33 (Provisions Applicable Mutatis Mutandis)   print
As to franchise trucking businesses, Articles 4, 5-2, 6, 7, 10, 11 (excluding paragraphs (9) through (12) of the aforesaid Article), 11-3 (1) and (3), 12, 14, 15, 15-2, 16 through 18, 20, 21, and 25 (excluding cases where a trucking franchiser allows his/her trucking franchisees to use his/her own business mark) shall apply mutatis mutandis. In such cases, the term "standard form of transportation contract" in applying Article 6 or 11 (8) or subparagraph 1 of Article 13 mutatis mutandis shall be construed as "franchise transportation contract form," while, in applying Article 11-3 (1) and (3) mutatis mutandis, the term "trucking business operator" shall be construed as "trucking franchiser" and the term "another trucking business operator" as "his/her trucking franchisee (excluding his/her trucking franchisee who serves as a freight forwarder). <Amended by Act No. 10804, Jun. 15, 2011>
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 Article 34 (Mutatis Mutandis Application of Fair Transactions in Franchise Business Act)   print
As to the exchange of information between a trucking franchiser and his/her trucking franchisees, the return of a franchise deposit, a franchise contract, and other relevant matters, Articles 7, 9 through 11, and 13 and 14 of the Fair Transactions in Franchise Business Act shall apply mutatis mutandis. In such cases, the term "franchise applicant" shall be construed as "person who desires to be granted a franchise for a franchise trucking business," the term "franchisee business operator" as "trucking franchisee," the term "franchise headquarters," "franchise headquarters (including the cases where a franchise local headquarters or a franchise broker offers franchise opportunities to business operators; the same shall apply hereinafter)" in Article 7 (1) of the aforesaid Act, and the term "the franchise headquarters or an business operators' organization composed of a number of franchise headquarters" in Article 10 (1) of the aforesaid Act as "trucking franchiser" respectively, and the term "franchise deposit under subparagraph 6 (a) and (b) of Article 2" in Article 10 (1) of the aforesaid Act as "money paid to the trucking franchiser in consideration for a license for using the business mark at the time when a business operator is granted the franchise, regardless of in what name or in what manner the money was paid."
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 Article 34-2 (Accreditation, etc. of Cargo Information Networks)   print
(1) The Minister of Land, Transport and Maritime Affairs may accredit a cargo information network that gives a fine example of a cargo and vehicle information network as a good cargo information network, so as to facilitate the improvement of transport services and the establishment of transparent trade practices.
(2) The Minister of Land, Transport and Maritime Affairs may check whether good cargo information networks accredited pursuant to paragraph (1) (hereinafter referred to as "accredited information networks") are in conformity with the accreditation standards determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Necessary matters regarding the procedures for accrediting cargo information networks, checks on accredited information networks, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 34-3 (Revocation of Information Network Accreditation)   print
The Minister of Land, Transport and Maritime Affairs may revoke accreditation whenever an accredited information network falls under any of the following subparagraphs: Provided, That he/she shall revoke accreditation if an accredited information network falls under subparagraph 1:
1. Where it has been accredited as such by fraud or other wrongful means;
2. Where it no longer meets the accreditation standards under Article 34-2 (2);
3. Where it has failed to undergo the check under Article 34-2 (2) at least thrice without justifiable grounds.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 34-4 (Use of Cargo Information Networks, etc.)   print
(1) Where a trucking business operator consigns the transportation of cargo to another trucking business operator or an entrusted owner operator belonging to another trucking business operator pursuant to Article 11-2 (2), he/she may make use of the cargo information network or accredited information network of a trucking franchiser.
(2) Where a freight forwarder consigns the transportation of cargo to a trucking business operator or an entrusted owner operator, he/she may make use of the cargo information network or accredited information network of a trucking franchiser.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
CHAPTER V CARGO LIABILITY INSURANCE
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 Article 35 (Obligation to Carry Cargo Liability Insurance)   print
A person falling under any of the following subparagraphs shall carry an insurance policy or enter into a mutual aid agreement for cargo liability (hereinafter referred to as "cargo liability insurance") as prescribed by Presidential Decree to cover his/her liability for damage under Article 7 (1):
1. A trucking business operator who owns trucks specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs among trucks with a maximum load capacity of five tons or more or those with gross weight of ten tons or more;
2. A freight forwarder who handles cargo specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
3. A trucking franchiser.
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 Article 36 (Obligation to Enter into Cargo Liability Insurance Policy)   print
(1) An insurance company under the Insurance Business Act (including a person who provides a mutual aid scheme that covers the liability for cargo; hereinafter referred to as "insurance company") shall not reject an offer made by a person who is obligated to carry cargo liability insurance (hereinafter referred to as "mandatory insurance policyholder") to enter into a policy on cargo liability insurance (hereinafter referred to as "liability insurance policy"), unless any of the grounds specified by Presidential Decree exist.
(2) Notwithstanding paragraph (1), a number of insurance companies may jointly execute a contract on cargo liability insurance with a mandatory insurance policy holder, if it is highly probable that the policyholder will cause an accident in transit or any of the grounds specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs exist.
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 Article 37 (Cancellation of Liability Insurance Policy)   print
Neither a mandatory insurance policyholder nor an insurance company may cancel or terminate a liability insurance policy in whole or in part, except where any of the following events occurs;
1. If the permit for a trucking transport business is amended (referring only to a reduction in the number of vehicles) pursuant to the main text of Article 3 (3);
2. If the trucking transport business is temporarily shut down or permanently closed in accordance with Article 18 (1) (including cases to which the aforesaid provisions are applicable mutatis mutandis pursuant to Article 28 or 33);
3. If the permit for the trucking transport business is revoked or an order to reduce the number of vehicles is issued pursuant to Article 19 (1);
4. The permit for the freight forwarder is revoked pursuant to Article 27 (1);
5. If the permit for the franchise trucking business is amended (referring only to a reduction in the number of vehicles) pursuant to the main text of Article 29 (2);
6. If the permit for the franchise trucking business is revoked or an order to reduce the number of vehicles is issued pursuant to Article 32 (1);
7. If it is intended to cancel or terminate a liability insurance policy because the coverage of two cargo liability insurance policies overlap;
8. If the insurance company is unable to continue its business due to bankruptcy or any other reason; and
9. If any event occurs similar to those under subparagraphs 1 through 8 and specified by Presidential Decree.
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 Article 38 (Notification of Expiry Date of Liability Insurance Policy)   print
(1) Every insurance company shall notify each mandatory insurance policyholder who has entered into a liability insurance policy with it, no later than 30 days before the expiry date of the policy, of the fact that the policy will expire.
(2) If a mandatory insurance policyholder who has entered into a liability insurance policy with an insurance company does not enter into a new policy after expiration of the policy, the insurance company concerned shall notify the Minister of Land, Transport and Maritime Affairs of such fact without delay.
(3) Matters necessary for the method and procedure for the notification under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
CHAPTER VI RATIONALIZATION OF BUSINESS MANAGEMENT
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 Article 39 (Efforts for Rationalization of Business Management)   print
Trucking business operators, freight forwarders, and trucking business franchisers (hereinafter referred to as "trucking services providers") shall endeavor to rationalize business management and improve transportation service by establishing order in transportation of cargo, making business management efficient, and developing techniques for transportation of cargo.
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 Article 40 (Entrustment of Business Management)   print
(1) If necessary to carry on trucking transport business in a more efficient way, a trucking business operator may entrust part of his/her vehicles and of the management of his/her business to another person (referring to any individual other than a trucking business operator) or entrust part of the management of his/her business to a person who has invested with vehicles. <Amended by Act No. 10804, Jun. 15, 2011>
(2) Deleted. <by Act No. 10804, Jun. 15, 2011>
(3) Both a trucking business operator and an owner operator shall conclude a contract for entrustment fairly in accordance with an agreement that is made between them on an equal footing and shall act in good faith and with sincerity in fulfilling the contract. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(4) In concluding a contract under paragraph (3), the parties shall specify in the contract the vehicle owner, the term of contract, and other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and shall exchange and keep written contracts signed and sealed by each of them. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
(5) Each Mayor/Do governor may establish and operate a dispute mediation council for trucking transport businesses, as prescribed by Presidential Decree, to support the settlement of disputes arising in connection with the conclusion and fulfillment of contracts for entrustment under paragraph (3). <Newly Inserted by Act No. 10804, Jun. 15, 2011>
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 Article 41 (Management Guidance)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary for the improvement of management of trucking transport services or the improvement of the transportation services, provide guidance to trucking services providers for the management of trucking transport services.
(2) The Minister of Land, Transport and Maritime Affairs may, if he/she considers that a trucking services provider shows poor performance in business management, including financial management and project management, provide advice to the trucking services provider on the improvement of his/her business management, and may also require the trucking services provider to submit a long- or medium-term plan or an annual plan for the improvement of business management.
(3) The Minister of Land, Transport and Maritime Affairs may, if he/she considers that the plan submitted by a trucking services provider for the improvement of business management in accordance with paragraph (2) is unreasonable, recommend him/her to amend such plan.
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 Article 42 (Training Courses for Managers)   print
The Minister of Land, Transport and Maritime Affairs or each Mayor/Do governor may, if deemed necessary to improve trucking services providers' ability to manage business, provide executives responsible for business management (referring to a trucking services provider him/herself, if the trucking services provider is a private individual) with training courses for managers.
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 Article 43 (Financial Support)   print
(1) The State may, if deemed necessary to provide a local government, a business operators' organization, or a trucking service provider with financial support in carrying on any of the following projects, grant a subsidy or loan for part of the funds required as prescribed by Presidential Decree: <Amended by Act No. 10804, Jun. 15, 2011>
1. A project for the construction of common depots and public truck depots;
2. A project for the building of a trucking transport business information system;
3. A project for the replacement of outworn vehicles;
4. A project for conversion to fuel-efficient or environment-friendly trucks, etc, and for investment in facilities and equipment necessary for such conversion;
5. A project for the construction of truck stops;
6. A project for the expansion and improvement of facilities and equipment for the improvement of trucking transport services;
7. Other activities for the rationalization of business management of trucking transport services as specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-governing Province Governor, or the head of any Si/Gun (including any Gun within a Metropolitan City; hereafter in this Article and Articles 44 and 44-2 the same shall apply) may grant trucking business operators, trucking franchisers, and persons entrusted with trucking transport business in accordance with Article 40 (1) (hereafter in this Article and Articles 44 and 44-2 referred to as "trucking business operators, etc.") a full or partial subsidy for an increase in the following taxes and charges imposed on petroleum. In such cases, matters necessary for persons eligible for such subsidization, the subsidization method, and the documentation and procedure for application, and other relevant matters shall be determined and published by the Minister of Land, Transport and Maritime Affairs: <Amended by Act No. 10221, Mar. 31, 2010; Act No. 10804, Jun. 15, 2011>
1. The education tax, the traffic, energy and environment tax, and the automobile tax imposed respectively on diesel oil pursuant to Article 5 (1) of the Education Tax Act, Article 2 (1) 2 of the Traffic, Energy and Environment Tax Act, and Article 136 (1) of the Local Tax Act;
2. The individual consumption tax, the education tax, and the surcharge imposed on butane respectively among various petroleum gases pursuant to Article 1 (2) 4 (f) of the Individual Consumption Tax Act, Article 5 (1) of the Education Tax Act, and Article 18 (2) 1 of the Petroleum and Petroleum Substitute Fuel Business Act.
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 Article 44 (Use of Subsidies)   print
(1) Any person to whom a subsidy or loan has been granted pursuant to Article 43 (1) shall not spend the fund for any purpose other than the originally intended purpose of the subsidy or loan;
(2) The Minister of Land, Transport and Maritime Affairs shall guide and supervise the persons to whom a subsidy or loan has been granted pursuant to Article 43 (1) to use the fund appropriately.
(3) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-governing Province Governor, or the head of any Si/Gun shall, if he/she finds that a business operators' organization or a trucking business operator, etc. received a subsidy or loan under Article 43 (1) or (2) by deceit or in any other fraudulent manner, order the organization or the trucking services provider to return the subsidy or loan, and may recover it in accordance with precedents on dispositions against default on national or local taxes, if the organization or the trucking services provider fails to obey his/her order. <Amended by Act No. 10804, Jun. 15, 2011>
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 Article 44-2 (Suspension of Subsidy, etc.)   print
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-governing Province Governor, or the head of any Si/Gun shall suspend the payment of subsidy under Article 43 (2) for a period not exceeding one year, as prescribed by Presidential Decree, if a trucking business operator, etc. falls under any of the following subparagraphs:
1. Where he/she receives a subsidy from a petroleum sales business operator under subparagraph 9 of Article 2 of the Petroleum and Petroleum Substitute Fuel Business Act (hereafter in this Article referred to as "petroleum sales business operator") by having a tax invoice under Article 16 of the Value-Added Tax Act issued using fraudulent means;
2. Where he/she receives a subsidy through making transactions or through commissioning another person to vicariously make transactions by means of any credit card, debit card or pre-paid card under Article 2 of the Specialized Credit Finance Business Act under the pretense of purchasing petroleum from a petroleum sales business operator or in excess of the actual purchase amount;
3. Where he/she receives a subsidy in connection with oil used for any purpose other than trucking transport services;
4. Where he/she receives a subsidy by misrepresenting the amount of oil purchased and consumed by another trucking business operator, etc. as his/her own one;
5. Where he/she receives a subsidy in violation of the matters as determined and published by the Minister of Land, Transport and Maritime Affairs pursuant to the latter part of Article 43 (2);
6. Where he/she fails to comply with a request to provide a statement of vindication and corroborative facts under paragraph (2) or refuses, evades or interferes with any inspection or investigation under said paragraph.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-governing Province Governor, or the head of any Si/Gun may request a trucking business operator, etc. to provide a statement of vindication and corroborative facts evidencing the details of transactions so as to ascertain whether the trucking business operator, etc. falls under any of paragraph (1) 1 through 5, and, if necessary, may direct public officials under his/her control to visit a place of business of the trucking business operator, etc. to inspect accounting books, documents and other things or to question the relevant persons.
(3) In making an investigation or inspection under paragraph (2), a notice specifying the details and date of and reasons for such investigation or inspection shall be given to the relevant trucking business operator, etc. not later than seven days before the investigation or inspection: Provided, That the same shall not apply in case of emergency or where it is deemed that advance notice would lead to the destruction of evidence or otherwise make it impossible to attain the purpose of the investigation or inspection.
(4) Public officials performing the investigation or inspection under paragraph (2) shall carry their certificates of authority and produce them to the relevant persons, and those who conduct personal visitation shall present a document stating their names, the time and purpose of their visitation, etc. to the relevant persons.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 45 (Establishment of Public Truck Depot)   print
(1) Each Mayor/Do governor or the head of each Si/Gun/Gu may establish and operate a public truck depot on his/her own account or lease it (or entrust the management of the depot) to a business operators' organization, a trucking business operator, or a trucking business franchiser.
(2) The competent Mayor/Do governor or the head of the competent Si/Gun/Gu shall, when he/she intends to establish a public truck depot, establish a plan for the establishment and operation of the public truck depot (hereafter referred to as the "plan for the establishment and operation" in this Article). In such cases, the head of Si/Gun/Gu shall obtain prior approval therefor from the Mayor/Do governor. The same shall apply to any amendments to the approved plan.
(3) The Mayor/Do governor or the head of Si/Gun/Gu shall, when he/she establishes or amends a plan for the establishment and operation or obtains approval or amended approval pursuant to paragraph (2), issue public notice thereof.
(4) Where the Mayor/Do governor seeks to develop a plan for the establishment and operation or to approve a plan for the establishment and operation developed by the head of Si/Gun/Gu pursuant to paragraph (2), Article 46-4 shall apply mutatis mutandis with respect to the authorization, permit, etc. involved. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
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 Article 46 (Expropriation and Use)   print
(1) The Mayor/Do governor or the head of Si/Gun/Gu may expropriate or use land and buildings required for establishing a public truck depot, fixtures to the land, or any right other than ownership of the land, buildings or fixtures.
(2) As to the expropriation or use under paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis, except as otherwise provided for by this Act.
(3) In applying the Act on Acquisition of and Compensation for Land, etc. for Public Worksmutatis mutandis pursuant to paragraph (2), approval under Article 45 (2) shall be deemed to be approval for a project under Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works.
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 Article 46-2 (Expansion of Truck Stops)   print
(1) In order to improve truck drivers' working conditions and facilitate the transportation of cargo, the Minister of Land, Transport and Maritime Affairs shall, every five years, develop a comprehensive plan to expand truck stops (hereinafter referred to as "comprehensive plan for truck stops") along freight routes and in major logistics hubs.
(2) A comprehensive plan for truck stops shall include:
1. Current conditions of and future demand for truck stops;
2. Systematic supply of truck stops;
3. Placement of truck stops by year and region;
4. Upgrading and increase in efficiency of truck stops;
5. Other matters relating to the expansion of truck stops, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Where the Minister of Land, Transport and Maritime Affairs seeks to develop a comprehensive plan for truck stops or to modify any matter in such a plan as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall first hear opinions of Mayors/Do governors and consult with the heads of related central administrative agencies.
(4) Where the Minister of Land, Transport and Maritime Affairs develops a comprehensive plan for truck stops pursuant to paragraph (1) or modifies any matter in such a plan pursuant to paragraph (3), he/she shall publish such fact in the Official Gazette.
(5) Any project operator under Article 46-3 (2) may request the Minister of Land, Transport and Maritime Affairs to modify a comprehensive plan for truck stops if necessary.
(6) Where the Minister of Land, Transport and Maritime Affairs or a Mayor/Do governor approves the establishment or modification of a construction plan pursuant to Article 46-3 (6) and (7), he/she shall ensure that it does not conflict or overlap with a comprehensive plan for truck stops.
(7) Necessary matters regarding the development, etc. of comprehensive plans for truck stops shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 46-3 (Implementation, etc. of Projects for Construction of Truck Stops)   print
(1) Persons eligible to operate projects for construction of truck stops shall be as follows:
1. The State or local governments;
2. Public institutions as prescribed by Presidential Decree from among those defined in the Act on the Management of Public Institutions;
3. Local government-invested public corporations under the Local Public Enterprises Act;
4. Legal entities designated by those provided in subparagraphs 1 through 3, as prescribed by Presidential Decree.
(2) Any person who seeks to operate a project for construction of truck stops pursuant to paragraph (1) (hereinafter referred to as "project operator") shall develop a plan for construction of truck stops (hereinafter referred to as "construction plan") that includes the information prescribed by Presidential Decree such as the name and purposes of the project, the areas in which the project is to be operated, and the size of such areas.
(3) The areas in which truck stops are to be constructed and the facility standards shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) Where a project operator has developed a construction plan under paragraph (2), he/she shall publicly announce the plan as prescribed by Presidential Decree and then shall make copies of the relevant documents available for public inspection for at least 20 days.
(5) With respect to a project for construction of truck stops, interested persons may present their opinions to the project operator concerning the relevant construction plan within a period of public inspection fixed under paragraph (4), and the project operator shall reflect such opinions in the construction plan if they are deemed reasonable.
(6) Upon completion of the public announcement and public inspection under paragraph (4), the project operator shall obtain approval from the relevant Mayor/Do governor for the construction plan: Provided, That if he/she is the State, a project operator under paragraph (1) 2, or a person designated by the State or the project operator under paragraph (1) 2, he/she shall obtain such approval from the Minister of Land, Transport and Maritime Affairs.
(7) Where a project operator who has obtained approval pursuant to paragraph (6) intends to modify any matter in the approved construction plan, which is prescribed by Presidential Decree, such as the area in which the project is to be operated and the size of such area, he/she shall obtain approval from the approval authority for such modification.
(8) Where the Minister of Land, Transport and Maritime Affairs or a Mayor/Do governor has approved the establishment or modification of a construction plan pursuant to paragraph (6) or (7), he/she shall publish such fact.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 46-4 (Constructive Authorization, Permit, etc.)   print
(1) With respect to approval of the establishment or modification of a construction plan pursuant to Article 46-3 (6) or (7), if the Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor has consulted with the head of the relevant administrative agency under paragraph (2) about the authorization, permit, approval, decision, etc. referred to in each of the following subparagraphs (hereinafter referred to as "authorization, permit, etc.") concerning the construction plan, the relevant project operator shall be deemed to have been granted such authorization, permit, etc., and, if he/she has published the establishment or modification of the construction plan in accordance with Article 46-3 (8), the authorization, permit, etc. under any Act provided in each of the following subparagraphs shall be deemed to have been published or publicly announced:
1. Building permit under Article 11 of the Building Act, a building report under Article 14 of the same Act, revision to a building permit or report under Article 16 of the same Act, permission for or a report on erection of a temporary building under Article 20 of the same Act, and consultation about building under Article 29 of the same Act;
2. Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act;
3. Occupancy or use permit of public waters under Article 8 of the Public Waters Management and Reclamation Act, authorization for or a report on an implementation plan under Article 17 of the same Act, a reclamation license under Article 28 of the same Act, and authorization of an implementation plan for reclamation of public waters under Article 38 of the same Act;
4. Abolition of the use of administrative property under Article 11 of the Public Property and Commodity Management Act, and permission to use and benefit from administrative property under Article 20 (1) of the same Act;
5. Permission for use of administrative property under Article 30 of the State Property Act, and abolition of the use of administrative property under Article 40 of the same Act;
6. Determination of an urban management plan under Article 30 of the National Land Planning and Utilization Act (limited to subparagraph 4 (c) of Article 2 of the National Land Planning and Utilization Act), permission for development activities under Article 56 (1) of the same Act, designation of the implementer of an urban planning facility project under Article 86 of the same Act, and authorization for an implementation plan under Article 88 of the same Act;
7. Approval for use of an agricultural infrastructure for purposes other than its original purpose under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
8. Permission for, or consultation about, diversion of farmland under Article 34 of the Farmland Act;
10. Permission for implementation of road works under Article 34 of the Road Act, and permission for occupation and use of roads under Article 38 of the same Act;
11. Designation of the implementer of an urban development project under Article 11 of the Urban Development Act, and authorization for an implementation plan under Article 17 of the same Act;
12. Permission for opening of private roads under Article 4 of the Private Road Act;
13. Permission for lumbering, etc. under Article 14 of the Work against Land Erosion or Collapse Act, and cancellation of designation of land treated for erosion control under Article 20 of the same Act;
14. Permission for and report on mountainous district conversion under Articles 14 and 15 of the Management of Mountainous Districts Act;
15. Permission for and report on the cutting of standing timber, etc. under Article 36 of the Creation and Management of Forest Resources Act, and permission for and report on activities within a forest conservation zone under Article 9 (2) 1 and 2 of the Forest Protection Act;
16. Designation of a project operator under Article 16 (1) of the Industrial Sites and Development Act, and approval of an execution plan under Articles 17 (1), 18 (1) and 19 (1) of the same Act;
17. Registration of a petroleum sales business under Article 10 of the Petroleum and Petroleum Substitute Fuel Business Act, as prescribed by Presidential Decree;
18. Permission for execution of small river construction works under Article 10 of the Small River Maintenance Act, and permission for occupancy of a small river under Article 14 of the same Act;
19. Authorization of a waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization on installation of private-use waterworks under Articles 52 and 54 of the same Act;
20. Approval of a master plan for terminal treatment facilities under Article 49 of the Water Quality and Ecosystem Conservation Act;
21. Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act;
22. Registration of a motor vehicle transaction business and a motor vehicle maintenance business that fall within the category of motor vehicle management business under Article 53 of the Motor Vehicle Management Act;
23. Permission for the disposition of graves established on another person's land, etc. under Article 27 of the Act on Funeral Services, etc.;
24. Consultation about the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
25. Permission for diversion of a grassland under Article 23 of the Grassland Act;
26. Examination for the use of survey results under Article 15 of the Act on Land Survey, Waterway Survey and Cadastral Records, and report on the commencement, alteration or completion of a project under Article 86 of the same Act;
27. Approval for or report on installation of waste disposal facilities under Article 29 of the Wastes Control Act;
28. Permission for execution of public sewerage system construction works under Article 16 of the Sewerage Act, and permission for occupation and use of a public sewerage system under Article 24 of the same Act;
29. Permission for execution of river works and authorization of a river works execution plan under Article 6 of the River Act, and permission for occupancy and use of a river under Article 33 of the same Act;
30. Permission for execution of a harbor project under Article 9 (2) of the Harbor Act, and approval of an implementation plan under Article 10 (2) of the same Act.
(2) In approving the establishment or modification of a construction plan pursuant to Article 46-3 (6) or (7), the Minister of Land, Transport and Maritime Affairs or the competent Mayor/Do governor shall consult with the head of the relevant administrative agency in advance if the construction plan includes any of the subparagraphs of paragraph (1). In such cases, the head of the relevant administrative agency shall present his/her opinion within 20 days from the date on which he/she receives a request for such consultation.
(3) A project operator who seeks to obtain the constructive authorization, permit, etc. under paragraph (1) shall submit the documents required under the relevant Act at the time of filing an application for approval of the establishment or modification of a construction plan.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 46-5 (Expropriation and Use)   print
(1) A project operator may expropriate or use land and buildings required to construct a truck stop, fixtures to the land, or any right to, other than the ownership of, the land, buildings or fixtures.
(2) As to the expropriation or use under paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis, except as otherwise provided in this Act.
(3) In applying the Act on Acquisition of and Compensation for Land, etc. for Public Works mutatis mutandis pursuant to paragraph (2), the publication under Article 46-3 (8) shall be deemed the public announcement of project approval under Article 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 46-6 (Entrustment of Operation of Truck Stops)   print
(1) A project operator may entrust the operation of a truck stop to the business operators' organization or any other person as prescribed by Presidential Decree.
(2) Necessary matters regarding the period, methods, etc. of entrustment of the operation of truck stops under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 47 (Survey on Actual Status of Trucking Transport Service)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary for the improvement of business management or transportation services, require a trucking services provider to submit a report on his/her business affairs, assets, and other relevant matters, and may also assign public officials under his/her control to conduct an inspection of the actual status of business management of the trucking services provider.
(2) The Minister of Land, Transport and Maritime Affairs may, if necessary for inspecting the actual status of business management of a trucking service provider pursuant to paragraph (1), retain a public certified accountant or a person who meets the requirements determined by the Minister of Land, Transport and Maritime Affairs to examine the actual status of financial management of a trucking services provider.
(3) Public officials who conduct an inspection pursuant to paragraph (1) shall carry identification indicating their authority with them and produce it to people concerned.
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 Article 47-2 (Reporting, Management, etc. of Actual Results)   print
(1) Every trucking business operator, freight forwarder, and trucking franchiser shall, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, manage the actual results of transportation or agency services for transportation and submit a report thereon to the Minister of Land, Transport and Maritime Affairs.
(2) Each trucking business operator shall transport cargo above the level as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, the details of the level shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs may build and operate a system to manage the actual results of cargo transport (hereinafter referred to as "system to manage the actual results of cargo transport") to systematically manage information on cargo transport including the actual results of transportation or agency services for transportation under paragraph (1).
(4) The Minister of Land, Transport and Maritime Affairs may entrust the operation of the system to manage the actual results of cargo transport to a person determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, with the reimbursement of expenses involved.
(5) Necessary matters regarding the methods, etc. of operating and utilizing the system to manage the actual results of cargo transport shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 47-3 (Appraisal and Public Disclosure of Transport Capacity)   print
(1) The Minister of Land, Transport and Maritime Affairs may appraise and publicly disclose the cargo transport capacity of each trucking business operator upon his/her application to help shippers select suitable trucking business operators, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) A trucking business operator who intends to have his/her transport capacity appraised and publicly disclosed pursuant to paragraph (1) shall report his/her cargo transport results, current truck holdings, etc. to the Minister of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
CHAPTER VII BUSINESS OPERATORS' ORGANIZATIONS
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 Article 48 (Establishment of Associations)   print
(1) Trucking services providers engaging in the same type of trucking transport services or those having their domiciles in the Special Metropolitan City, the same Metropolitan City or Do, or the Special Self-governing Province (hereinafter referred to as "City/Do") may establish an association, subject to the authorization of the Minister of Land, Transport and Maritime Affairs, with the objectives of promoting the sound development of trucking transport services and pursuing common interests of trucking services providers:
(2) Each association shall be a legal entity.
(3) An association is duly formed when it completes the registration of its establishment at the registry office having jurisdiction over its principal place of business.
(4) In order for an association to be established, at least one-fifth of the persons who are qualified for membership in the association shall participate in its formation as promoters to prepare and adopt the articles of association at its inaugural general meeting with consent of at least one-third of those qualified for membership, and shall file an application for authorization with the Minister of Land, Transport and Maritime Affairs.
(5) Trucking services providers may be admitted to an association in accordance with its articles of association.
(6) Qualification for membership, the prescribed number and method for election method of executives, and other matters necessary for the operation of associations shall be prescribed by articles of association.
(7) An amendment to articles of association shall be subject to the authorization of the Minister of Land, Transport and Maritime Affairs.
(8) Matters necessary for the mandatory provisions of articles of association and supervision over associations shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(9) As to the associations, the provisions governing incorporated associations in the Civil Act shall apply mutatis mutandis, except as otherwise provided for by this Act.
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 Article 49 (Business Activities of Associations)   print
An association shall conduct the following business activities:
1. Projects for promoting the sound development of trucking transport services and pursuing common interests of trucking services providers;
2. Activities for the preparation and management of statistics necessary for the promotion and development of trucking transport services and the collection, survey, and research of data of foreign countries;
3. Education and training of managers and trucking employees;
4. Guidance for the improvement of business management of trucking transport services;
5. Matters specified by this Act as business affairs of an association;
6. Business affairs entrusted by the State or a local government; and
7. Business affairs incidental to the business activities under subparagraphs 1 through 5.
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 Article 50 (Federations)   print
(1) Associations formed by trucking service providers, associations formed by freight forwarders, and associations formed by trucking franchisers may each establish a federation respectively as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs with the objectives of achieving their common goals. In such cases, associations formed by trucking services providers, associations formed by freight forwarders, and associations formed by trucking franchisers shall become members of the federation concerned, respectively.
(2) Articles 48 and 49 shall apply mutatis mutandis to the establishment and business activities of the federations.
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 Article 51 (Liability Mutual Aid Scheme)   print
(1) A federation of associations established by trucking services providers may, as prescribed by Presidential Decree, engage in a business of insuring the liability of trucking services providers for damage caused by motor vehicle accidents and a business of providing a liability mutual aid scheme for cargo liability, subject to the permission of the Minister of Land, Transport and Maritime Affairs.
(2) With respect to the liability mutual aid scheme under paragraph (1), the contributions, operating committee, coverage, mutual aid regulations, reports and inspections, improvement orders, disciplinary measures against executives and employees of the federation in charge of the management and operation of the liability mutual aid scheme, the maintenance of financial soundness, etc. shall be governed by Articles 51-2 (5) and 51-4 through 51-10 which are applicable mutatis mutandis. <Amended by Act No. 10804, Jun. 15, 2011>
(3) Deleted. <by Act No. 10804, Jun. 15, 2011>
(4) Deleted. <by Act No. 10804, Jun. 15, 2011>
(5) Deleted. <by Act No. 10804, Jun. 15, 2011>
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 Article 51-2 (Establishment, etc. of Mutual Aid Associations)   print
(1) Trucking services providers may establish mutual aid associations by types of business (hereinafter referred to as "mutual aid associations") with authorization from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree, to assist the members of the mutual aid associations in carrying out independent economic activities through mutual cooperation among themselves and engage in a business of insuring the liability of the members thereof for damage caused by motor vehicle accidents and a business of providing a liability mutual aid scheme for cargo liability.
(2) A mutual aid association shall be a legal entity.
(3) A mutual aid association shall come into existence by effecting the registration of its incorporation at the location of its principal office.
(4) Each trucking services provider is eligible to join a mutual aid association as provided in its articles of incorporation.
(5) Each member of a mutual aid association shall pay his/her share of the contributions necessary for the liability mutual aid scheme.
(6) Matters concerning membership qualifications and executives, and other necessary matters regarding the operation of mutual aid associations, shall be determined by the articles of incorporation of the mutual aid associations.
(7) Matters to be entered in the articles of incorporation and other necessary matters concerning the supervision of mutual aid associations shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-3 (Authorization Procedures, etc. for Incorporation of Mutual Aid Associations)   print
(1) The incorporation of a mutual aid association shall be subject to the promotion of 1/10 or more of the persons eligible for its membership and authorization from the Minister of Land, Transport and Maritime Affairs after its articles of incorporation is prepared at the inaugural general meeting with the consent of not less than 200 persons eligible for its membership.
(2) Where the Minister of Land, Transport and Maritime Affairs has granted authorization under paragraph (1), he/she shall publicly announce such fact.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-4 (Operating Committees of Mutual Aid Associations)   print
(1) Each mutual aid association shall have an operating committee to deliberate and decide on the mutual aid projects under Article 51-6 and supervise its business.
(2) An operating committee shall be comprised of not more than 25 members, who consist of members of the relevant mutual aid association, experts in the fields of transport services, finance, insurance, accounting and law, related public officials, and other persons having an interest in trucking transport services.
(3) Necessary matters regarding the organization and operation of operating committees, other than those provided in this Act, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-5 (Disqualifications for Membership of Operating Committees)   print
(1) A person falling under any of the following subparagraphs shall be disqualified from serving as a member under Article 51-4 (2):
1. A minor or a person declared incompetent or quasi-incompetent;
2. A person declared bankrupt, but not yet reinstated;
3. A person who is under the suspension of the execution of imprisonment without labor or a heavier punishment as declared by a court;
4. A person who was sentenced to imprisonment without labor or a heavier punishment and for whom five years have not yet passed since the execution of such sentence was terminated (or was deemed to have been terminated) or exempted;
5. A person who was sentenced to a fine or a heavier punishment in connection with the business of a mutual aid association and for whom five years have not yet passed since the execution of such sentence was terminated (or was deemed to have been terminated) or exempted;
6. A person whose discipline or dismissal from office is requested under Article 51-9 or for whom five years have not yet passed since he/she was subjected to disciplinary action or dismissal from office.
(2) If a member under Article 51-4 (2) falls under any of the subparagraphs of paragraph (1), he/she shall lose his/her membership on the date on which such cause accrues.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-6 (Mutual Aid Projects)   print
(1) Each mutual aid association shall operate the following projects:
1. Mutual aid project to cover the liability of its members for damage caused by vehicles for business purposes and the liability of its members for cargo damage;
2. Mutual aid project to cover the damage caused to vehicles for business purposes by accidents that arise while its members possess, use or manage such vehicles;
3. Mutual aid project to cover trucking employees' bodily injuries caused by accidents that arise while they possess, use or manage its members' vehicles for business purposes;
4. Mutual aid project to cover losses incurred by its employees during the performance of duty;
5. Mutual aid project to establish, operate and manage joint-use facilities and to promote the convenience and welfare of its members;
6. Investigation and research project to improve the management of trucking transport services;
7. Other projects incidental to those listed in subparagraphs 1 through 6, as provided in its articles of incorporation.
(2) Where a mutual aid association seeks to carry out mutual aid projects pursuant to paragraph (1) 1 through 4, it shall establish mutual aid regulations and obtain authorization from the Minister of Land, Transport and Maritime Affairs. The same shall also apply where it is intended to change any matter authorized.
(3) The mutual aid regulations under paragraph (2) shall include guidelines necessary to operate mutual aid projects such as the scope of the mutual aid projects, the details of mutual aid contracts and contributions, mutual aid benefits, the liability reserve fund to cover mutual aid benefits, and the appropriation and accumulation of reserves.
(4) Every mutual aid association shall, during each period of settlement, appropriate and accumulate the liability reserve fund and other reserves under paragraph (3) by each type of business.
(5) With respect to the mutual aid projects listed in paragraph (1) 1 through 4, the Insurance Business Act (excluding Article 193 of said Act) shall not apply.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-7 (Order for Submission of Reports, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs may take the measures set forth in each of the following subparagraphs against mutual aid associations, if deemed necessary:
1. Issuing an order for the submission of a report on compensation for traffic accident victims' injuries and losses;
2. Issuing an order for the submission of a report on mutual aid projects including the management of mutual aid funds;
3. Instructing public officials under his/her control to inspect the business or accounting of mutual aid associations;
4. Instructing public officials under his/her control to inspect the account books or other documents of mutual aid associations.
(2) In making an inspection under paragraph (1), a notice specifying the details and date of and reasons for such inspection shall be given to the relevant mutual aid association not later than seven days before the inspection: Provided, That the same shall not apply in case of emergency or where it is deemed that advance notice would lead to the destruction of evidence or otherwise make it impossible to attain the purpose of the inspection.
(3) Public officials performing the inspection under paragraph (1) shall carry their certificates of authority and produce them to the relevant persons, and those who conduct personal visitation shall present a document stating their names, the time and purpose of their visitation, etc. to the relevant persons.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-8 (Order for Improvement in Mutual Aid Associations' Business)   print
If deemed that a mutual aid association conducts its business in an inappropriate manner or is likely to impair the rights and interests of traffic accident victims and its members due to its poor asset management, the Minister of Land, Transport and Maritime Affairs may impose the following measures:
1. Changing the way it conducts business;
2. Changing an institution in which it has deposited its assets;
3. Changing the book value of assets;
4. Holding reserves for unsound assets;
5. Charging off worthless assets.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-9 (Disciplinary Measures, etc. against Executives and Employees of Mutual Aid Associations)   print
If an executive or employee of a mutual aid association is deemed to be unlikely to operate a mutual aid project thereof in a sound manner because he/she falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may request the mutual aid association to dismiss or otherwise take a disciplinary measure against such executive or employee or may direct it to correct the relevant violation:
1. Where he/she has conducted his/her business in violation of the mutual aid regulations under Article 51-6 (2);
2. Where he/she has failed to comply with an order for improvement under Article 51-8;
3. Where he/she has failed to follow the guidelines for financial soundness under Article 51-10.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-10 (Maintenance of Financial Soundness)   print
(1) Every mutual aid association shall follow the guidelines for financial soundness as prescribed by Presidential Decree regarding the following matters so as to secure its capacity to cover mutual aid benefits and the soundness of its management:
1. Matters relating to the appropriateness of capital levels;
2. Matters relating to the soundness of assets;
3. Matters relating to securing liquidity.
(2) If deemed that a mutual aid association is likely to impair the soundness of its management for failure to follow the guidelines under paragraph (1), the Minister of Land, Transport and Maritime Affairs may direct the mutual aid association to increase its capital or may take measures against the mutual aid association to restrict the holding of stocks or other risky assets, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 51-11 (Relationship to Other Acts)   print
Except as otherwise provided in this Act, the provisions of the Civil Act concerning incorporated associations and Section VII of Chapter IV of Part III of the Commercial Act shall apply mutatis mutandis with respect to mutual aid associations.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 52 (Petitions for Mediation of Disputes)   print
Either party to a dispute over a liability mutual aid agreement or the payment of mutual aid proceeds or any other dispute arising in connection with a liability mutual aid scheme under Article 51 may file a petition for mediation with the committee on mediation of disputes over liability mutual aid schemes under Article 70 of the Passenger Transport Service Act. <Amended by Act No. 8980, Mar. 21, 2008>
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 Article 53 Deleted.<by Act No. 10804, Jun. 15, 2011>   print
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 Article 54 (Supervision)   print
(1) The Minister of Land, Transport and Maritime Affairs shall guide and supervise associations and federations.
(2) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary, order an association or a federation to submit a report on its business affairs or to take any other necessary measure, or may assign public officials under his/her control to investigate the status of its business or accounting or to inspect account books and documents.
(3) Public officials who conduct investigations or inspections pursuant to paragraph (2) shall carry identification indicating their authority with them to produce it to the people concerned.
CHAPTER VIII OPERATION OF TRUCKS
FOR PRIVATE USE
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 Article 55 (Reports on Operation of Trucks for Private Use)   print
A person who intends to operate a truck specified by Presidential Decree which is not a truck not for any trucking transport business or franchise trucking business, but only for private use (hereinafter referred to as "private-use truck") shall file a report on the matters specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs with the competent Mayor/Do governor. The same shall apply to any change in reported matters.
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 Article 56 (Prohibition on Transportation for Consideration)   print
No owner or user of a private-use truck may provide or lease the private-use truck for transportation of cargo in consideration for any price (including expenses required for the operation of the vehicle): Provided, That such truck may be provided or leased for transportation of cargo, subject to permission of the competent Mayor/Do governor, if there is a reason specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 56-2 (Restriction on or Prohibition of Use of Private-Use Trucks)   print
(1) A Mayor/Do governor may restrict or prohibit the use of a private-use truck for a period not exceeding six months if the owner or user thereof falls under any of the following subparagraphs:
1. Where he/she has run a trucking transport business using such private-use truck;
2. Where he/she has provided or leased such private-use truck commercially for transport purposes without obtaining permission under the proviso to Article 56.
(2) If a Mayor/Do governor has prohibited the use of a private-use truck pursuant to paragraph (1), Article 20 shall apply mutatis mutandis.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 57 (Conditions for Replenishment of Trucks)   print
(1) The age of trucks replenished for the registration of a new trucking transport business or franchise trucking business, or the expansion of a fleet of trucks, or the replacement for a retired vehicle (referring to replacement of a vehicle with another vehicle at the expiration of the former vehicle's useful life) shall not exceed the age specified by Presidential Decree within the limit of three years: Provided, That different conditions for replenishing vehicles may be attached to the vehicles specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 10804, Jun. 15, 2011>
(2) Necessary matters regarding the vehicles to be replaced under paragraph (1) and the deadline, procedures, methods, etc. for such replacement shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 10804, Jun. 15, 2011>
CHAPTER IX SUPPLEMENTARY PROVISIONS
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 Article 58 (Prohibition on Seizure)   print
The money or goods paid pursuant to Article 43 (2) or the right to the payment of such money or goods may not become subject to seizure.
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 Article 59 (Education of Trucking Employees)   print
(1) The Minister of Land, Transport and Maritime Affairs or the competent Mayor/Do governor may, if deemed necessary for improving trucking service provided by trucking employees, conduct training courses for trucking employees as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Mayor/Do governor may, if necessary for efficiently conducting training courses under paragraph (1), establish and operate a training institute for trucking employees or designate an institute for such purpose as prescribed by Municipal Ordinance of the competent City/Do, and may also subsidize the expenses required for the operation of the training institute for trucking employees.
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 Article 60 (Guidance for and Supervision over Trucking Transport Services)   print
The Minister of Land, Transport and Maritime Affairs shall provide guidance for and supervision over the administrative affairs specified as those under control of the competent Mayor/Do governor by this Act to promote the rational development of trucking transport services.
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 Article 60-2 (Payment, etc. of Monetary Rewards for Reporting)   print
A Mayor/Do governor may pay monetary rewards to any person who has reported or denounced another person falling under any of the following subparagraphs to the Mayor/Do governor or an investigation agency, as prescribed by Presidential Decree:
1. A person who has provided or leased a private-use truck commercially for transport purposes, in violation of Article 56;
2. A person who has violated Article 11-2 (3), the main sentence of Article 26 (1) or Article 26 (2);
3. A person who has been granted a subsidy under Article 43 (2) by fraud or other wrongful means.
(2) Expenses required to pay the monetary rewards under paragraph (1) shall be met by the relevant City/Do or Si/Gun/Gu from its own financial resources.
[This Article Newly Inserted by Act No. 10804, Jun. 15, 2011]
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 Article 61 (Reporting and Inspections)   print
(1) The Minister of Land, Transport and Maritime Affairs or the Mayor/Do governor may, if any of the following grounds exists, require a trucking services provider or the owner or user of a truck to submit a report on his/her business or the ownership or use of the truck, or to submit relevant documents and may, if deemed necessary, assign public officials under his/her control to enter a trucking services provider's place of business to inspect account books, documents, and other articles or inquire regarding the people concerned:
1. If it is necessary to ensure that he/she meets the criteria for the permit under Article 3 (5), 24 (4), or 29 (3);
2. If it is necessary to investigate an act causing disturbance to order in transportation of cargo; and
3. If it is necessary to ascertain an offense committed by the trucking services provider and to make an administrative disposition accordingly against the trucking services provider, such as revocation of the permit.
(2) Public officials who have access to a place of business or conduct an inspection pursuant to paragraph (1) shall carry identification indicating their authority with them to produce it to people concerned, and shall deliver to the people concerned a document stating their names, the agency to which they belong, the purpose, date and time of access, and other relevant matters or make an entry in the relevant record book.
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 Article 62 (Request for Informative Data)   print
(1) The Minister of Land, Transport and Maritime Affairs may request the Commissioner General of the National Police Agency to furnish informative data required for confirming the qualification of an applicant for a qualifications examination under Article 8 (1) 3 and the revocation or suspension of qualifications as truck drivers under Article 23 so as to efficiently carry on the management of the qualifications as truck drivers.
(2) The Commissioner General of the National Police Agency shall, upon receiving a request for furnishing informative data pursuant to paragraph (1), furnish such data as requested, unless any particular reason exists otherwise.
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 Article 63 (Delegation of Authority)   print
(1) The Minister of Land, Transport and Maritime Affairs may delegate part of the authority conferred upon him/her by this Act to each Mayor/Do governor as prescribed by Presidential Decree.
(2) Each Mayor/Do governor may delegate part of the authority delegated to him/her by the Minister of Land, Transport and Maritime Affairs pursuant to paragraph (1) to the head of each Si/Gun/Gu, subject to the approval of the Minister of Land, Transport and Maritime Affairs.
(3) Each Mayor/Do governor may delegate part of the authority conferred upon him/her by this Act to the head of each Si/Gun/Gu as prescribed by Municipal Ordinance of the competent City/Do.
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 Article 64 (Entrustment of Authority)   print
(1) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do governor may entrust an association, a federation, the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, or a specialized inspection institution specified by Presidential Decree with part of the authority conferred upon him/her by this Act as prescribed by Presidential Decree or Municipal Ordinance of the competent City/Do. In such cases, the Mayor/Do governor who intends to entrust business affairs under his/her control shall obtain prior approval of the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 11064, Sep. 16, 2011>
(2) Executives and employees of an association, a federation, the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, or a specialized inspection institution that carries on business affairs entrusted pursuant to paragraph (1) shall be deemed public officials for the purpose of applying a penal provision relevant to any provision of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 11064, Sep. 16, 2011>
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 Article 65 (Fees)   print
(1) A person who files an application for a permit, authorization, or the like or a report in accordance with this Act shall pay fees as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and Municipal Ordinance of the competent local government: Provided, That, if the authority for a certain affair has been entrusted pursuant to Article 64 (1), fees shall be paid to the entrusted institution at the rates determined by the relevant entrusted institution.
(2) Fee rates pursuant to the proviso to paragraph (1) shall be determined by entrusted institutions autonomously by types of entrusted business affairs in accordance with the guidelines determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 10804, Jun. 15, 2011>
CHAPTER X PENAL PROVISIONS
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 Article 66 (Penal Provisions)   print
Any person who has violated Article 14 (3) (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 33) shall be punishable by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
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 Article 67 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punishable by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. Any person who has run a trucking transport business without a permit under Article 3 (1) or (3) or with a permit obtained by deceit or in any other fraudulent manner;
2. Any person who has run a freight forwarding business without a permit under Article 24 (1) or with a permit obtained by deceit or in any other fraudulent manner;
3. Any person who has breached the duty to forbear from allowing another person to use his/her name under Article 25 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 33);
4. Any person who has run a franchise trucking business without a permit under Article 29 (1) or (2) or with a permit obtained by deceit or in any other fraudulent manner; and
5. Any person who has provided or leased a private-use truck for consideration to another person for transportation of cargo in violation of Article 56.
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 Article 68 (Penal Provision)   print
Any person who falls under any of the following subparagraphs shall be punishable by imprisonment with labor for one year or by a fine not exceeding ten million won: <Amended by Act No. 11064, Sep. 16, 2011>
1. Any trucking business operator who has violated Article 11 (4) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
2. Any trucking employee who has violated Article 12 (1) 4 (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
3. Deleted. <by Act No. 11064, Sep. 16, 2011>
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 Article 69 (Joint Penal Provisions)   print
(1) If the representative, an agent, employee, or servant of a legal entity commits an offense under Article 67 in the course of the business of the legal entity, not only shall such actor be punishable accordingly, but the legal entity shall also be punishable by the fine prescribed in the relevant Article: Provided, That the same shall not be applicable if the legal entity has exercised reasonable care in supervision over relevant business affairs in order to prevent such offense.
(2) If an agent, employee or servant of a private individual commits any offense under Article 67 in the course of the business of the private individual, not only shall such actor be punishable accordingly, but the private individual shall be punishable by the fine prescribed in the relevant Article: Provided, That the same shall not be applicable if the private individual has exercised reasonable care in supervision over relevant business affairs in order to prevent such offense.
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 Article 70 (Fines for Negligence)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won: <Newly Inserted by Act No. 10804, Jun. 15, 2011>
1. Any person who has failed to comply with an order for improvement under Article 51-8 (including cases where it shall apply mutatis mutandis under Article 51 (2));
2. Any person who has failed to comply with a request for a disciplinary measure against or dismissal of an executive or employee or with a corrective order under Article 51-9 (including cases where it shall apply mutatis mutandis under Article 51 (2)).
(2) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won: <Amended by Act No. 10804, Jun. 15, 2011; Act No. 11064, Sep. 16, 2011>
1. Any person who has failed to file a report on a change in permitted matters in accordance with the proviso to Article 3 (3);
2. Any person who has failed to file a report on freight rates and charges in accordance with Article 5-2 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
3. Any person who has failed to file a report on a standard form of contract form in accordance with Article 6 (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
3-2. Any person who has been engaged in a trucking transport service as a truck driver without a truck driver qualification certificate;
3-3. Any person who has acquired the qualification as a truck driver by fraud or other wrongful means;
4. Any person who has violated Article 10;
4-2. Any person who has violated Article 10-2 (4) by failing to provide records or providing false records;
5. A trucking business operator who has breached an obligation under Article 11 (excluding paragraphs (3) and (4) of the aforesaid Article, but including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
6. Any trucking employee who has breached an obligation under Article 12 (excluding paragraph (1) 4 of the aforesaid Article, but including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
7. Any person who has failed to obey an improvement order under Article 13 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 33);
7-2. Any person who has used an accreditation mark or other similar mark in violation of Article 15 (4);
7-3. Any person who has failed to discontinue the use of an accreditation mark after accreditation was revoked, in violation of Article 15-2 (2);
8. Any person who has failed to file a report on transfer, acquisition, merger, or inheritance in accordance with Article 16 (1) or (2), or 17 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
9. Any person who has failed to file a report on temporary shutdown or permanent closure of business in accordance with Article 18 (1) (including the cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);
10. Any person who has failed to return a motor vehicle registration certificate or motor vehicle number plate in violation of Article 20 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);
11. Any person who has failed to file a report on a change in permitted matters in accordance with Article 24 (2);
12. Any freight forwarder who has breached an obligation under Article 26 (1), (2), and (4) through (6);
12-2. Any international logistics mediation business operator who has breached the freight forwarders' obligations, the obligations to manage consignments and to report and manage actual results, etc. under Article 26-2;
13. Any person who failed to file a report on a change in permitted matters in accordance with the proviso to Article 29 (2);
14. Any person who has failed to obey an improvement order under Article 31;
15. Any person who has failed to carry a cargo liability insurance under Article 35;
16. Any insurance company that has rejected an offer to execute a cargo liability insurance contract or the like in violation of Article 36;
17. Any mandatory insurance policyholder or an insurance company that has cancelled or terminated an insurance policy or the like in violation of Article 37;
18. Any insurance company that has failed to notify relevant facts in violation of Article 38 (1) or (2);
19. Any person who has received a subsidy or loan in violation of Article 44 (1) or who has spent such subsidy or loan for any purpose other than the originally intended purpose;
20. Any person who has failed to submit a report under Article 47 (1) or who has submitted a false report;
21. Any person who haas rejected, interfered with, or avoided an inspection under Article 47 (1);
22. Any person who has failed to obey an order to take a measure in accordance with Article 54 (2) or who has rejected, interfered with, or avoided an examination or inspection;
23. Any person who has failed to file a report on the operation of a private-use truck in accordance with Article 55;
23-2. Any person who has breached an order to restrict or prohibit the use of a private-use truck under Article 56-2;
24. Any person who has failed to submit a report in accordance with Article 61 (1) or who has submitted a false report;
25. Any person who has failed to submit documents in accordance with Article 61 (1) or who has submitted a false document; and
26. Any person who has refused, interfered with, or evaded an inspection under Article 61 (1).
(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs or the competent Mayor/Do governor. <Amended by Act No. 10804, Jun. 15, 2011>
(4) Deleted. <by Act No. 10804, Jun. 15, 2011>
(5) Deleted. <by Act No. 10804, Jun. 15, 2011>
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 Article 71 (Special Exception to Application of Provisions on Fine for Negligence)   print
In applying the provisions on fines for negligence under Article 70, no fine for negligence may be imposed in relation to an act for which a penalty surcharge has already been imposed pursuant to Article 21 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33).
ADDENDA<Act No. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of Article 5 shall be effective until December 31, 2009.
Article 3 (General Transitional Measure concerning Dispositions)
Actions taken by or in relation to an administrative agency pursuant to any former provisions as of the date this Act enters into force shall be deemed to be actions taken by or in relation to the administrative agency pursuant to the corresponding provisions of this Act.
Article 4 (Transitional Measure concerning Penal Provisions and Fines for Negligence)
In applying penal provisions or provisions on fines for negligence, acts committed before this Act enters into force shall be governed by former provisions.
Article 5 Omitted.
Article 6 (Relations to Other Acts and Subordinate Statutes)
A citation of the former Trucking Transport Business Act or provisions thereof by any other Act or subordinate statute in force at the time when this Act enters into force shall be deemed to be a citation of this Act or of the corresponding provisions hereof in lieu of the former provisions, if such corresponding provisions exist herein.
ADDENDA<Act No. 8980, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 14, 2008.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 10804, Jun. 15, 2011>
Article 1 (Enforcement Date)
(1) This Act shall enter into force six months after the date of its promulgation.
(2) The amended provisions of Article 56-2 shall enter into force one year after the date of its promulgation, the amended provisions of Articles 11 (7), 11-2, 11-3 and 47-2 on January 1, 2013, and the amended provisions of Articles 19 (1) 7-2, 7-3, 12-2 and 12-3, 27 (1) 7-2 and 8-2, 32 (1) 9-2 and 13-2 on January 1, 2015.
Article 2 (Effective Period)
The amended provisions of Article 5-2 shall be effective until December 31, 2012.
Article 3 (Applicability)
The amended provisions of Articles 44-2 (1) and 56-2 (1) shall apply to trucking business operators, etc. and the owners and users of private-use trucks who perform any act falling under any of the subparagraphs of Articles 44-2 (1) and 56-2 (1) on or after the enforcement date of this Act.
Article 4 (Transitional Measures concerning Plan for Expansion of Truck Stops)
Any plan for expansion of truck stops established by the Minister of Land, Transport and Maritime Affairs and in operation before this Act enters into force shall be deemed to be established in accordance with the amended provisions of Article 46-2.
Article 5 Omitted.
ADDENDA<Act No. 11064, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on December 16, 2011.
Article 2 (Special Cases concerning Permit for Trucking Transport Business)
Notwithstanding the provisions of Article 3 (5) 1, if a person, who is entrusted with a trucking transport business based on a title trust agreement on trucks, intends to continue the trucking transport business using the relevant trucks after cancelling such title trust agreement and contract for entrustment, as of January 20, 2004, in accordance with Article 3 (2) of the Addenda to the amended Trucking Transport Business Act, Act No. 7100, he/she may file an application for permit with the Minister of Land, Transport and Maritime Affairs, who in turn may grant such permit to the applicant.
Article 3 (Transitional Measures concerning Penalties and Fines for Negligence)
In application of penalties and fines for negligence to any offenses committed before this Act enters into force, the previous provisions shall prevail.