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Enforcement Decree Of The Road Traffic Act


Published: 2012-05-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Road Traffic Act and matters necessary for the enforcement thereof.
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 Article 2 (Definitions of Emergency Motor Vehicles)   print
(1) The term "motor vehicles prescribed by Presidential Decree" in subparagraph 22 (d) of Article 2 of the Road Traffic Act (hereinafter referred to as the "Act") means any of the following motor vehicles used for emergency purposes: Provided, That a motor vehicle falling under subparagraphs 6 through 9 shall be deemed to be an emergency vehicle only when so designated by the commissioner of a district police agency, upon application by a person or institution that uses it: <Amended by Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23350, Dec. 6, 2011>
1. Motor vehicles operated by the police for criminal investigation, traffic regulation, or any other emergency police operation;
2. Motor vehicles operated by the national armed forces and United Nations forces in Korea for maintaining order within the armed forces or for guiding orderly movement of military troops in convoys;
3. Motor vehicles operated by investigative agencies for criminal investigations;
4. Motor vehicles operated by facilities or agencies falling under any of the following items for arresting runaways, or carrying and guarding inmates or probationers:
(a) Correctional institutions, juvenile detention homes, detention houses, and protective custodial houses;
(b) Juvenile reformatories and juvenile classification and examination offices;
(c) Probation offices;
5. Motor vehicles used for official security service for domestic and foreign key figures;
6. Motor vehicles used in emergency operations for hazard prevention by organizations and institutions that provide electricity, gas, and any other public utilities services;
7. Motor vehicles used in mobilization for emergency preventive measures or restoration works by the government agency responsible for civil defense affairs;
8. Motor vehicles used in emergency works for preventing hazards on the road, which are operated for road maintenance, and those controlling the vehicles operated under restrictions;
9. Motor vehicles used for emergency services such as repairing work for telegraph or telephone systems, those for emergency postal delivery services which are used in the transportation of mail, and those for radio wave monitoring.
(2) In addition to motor vehicles set forth in each subparagraph of paragraph (1), those moved under convoy of an emergency police vehicle, those operated by the national armed forces and United Nations forces in Korea and moved under convey of an emergency vehicle of the national armed forces or United Nations forces in Korea, and those on the way to carry a critical patient, an injured person or blood for transfusion, shall each be deemed to be emergency motor vehicles. <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
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 Article 3 (Operation of Emergency Motor Vehicles)   print
(1) The structure of fire engines, ambulances, blood supply vehicle, and emergency motor vehicles set forth in the subparagraphs of Article 2 (1) shall conform to the standards necessary for safe operation as prescribed by the Motor Vehicle Management Act (hereinafter referred to as "motor vehicles safety standards"), and the priority traffic of and special exception for emergency motor vehicles under Articles 29 and 30 of the Act and other special exceptions provided for in the Act shall be applicable only when vehicles seeking entitlement to such privileges sound a siren or turn on an emergency warning flashing light: Provided, That the same shall not apply to an emergency motor vehicle on duty to regulate vehicles, etc. that violate Article 17 (3) of the Act relating to speed limits and an emergency motor vehicle under Article 2 (1) 5. <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
(2) Every emergency motor vehicle under Article 2 (1) 5 and every motor vehicle deemed an emergency motor vehicle under Article 2 (2) shall show that it is in operation for an urgent purpose by using headlights or an emergency warning flashing light, or by any other appropriate means.
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 Article 4 (Causes for Liability for Expenses Incurred to Traffic Safety Facilities)   print
For the purpose of Article 3 (3) of the Act (including cases applied mutatis mutandis in Article 4-2 (2) of the Act), the term "reasons prescribed by Presidential Decree" means those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
1. A traffic accident as prescribed in Article 54 (1) of the Act (hereinafter referred to as "traffic accident");
2. Cases of moving or removing a signal apparatus or a safety sign (hereinafter referred to as "traffic safety facility") in order to transport an indivisible cargo or for any other purposes;
3. Cases of removing, moving, destroying, or damaging a traffic safety facility in violation of Article 68 (1) of the Act;
4. Cases of Moving or removing unmanned traffic regulation equipment for road construction, etc. by a road management agency, etc.;
5. Other cases of moving, removing or damaging unmanned traffic regulation equipment intentionally or by negligence.
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 Article 5 (Standards for Levying Charges)   print
(1) In determining the amount of a charge levied pursuant to Article 3 (4) of the Act, the degree of damage, the remaining useful life, etc. of the traffic safety facility involved shall be considered, and such charges may be levied severally on a number of people in proportion to the degree of contribution to such damage, if the damage has been caused by several persons: Provided, That such charges may be exempted, if such damage is trivial, or if it can be repaired by routine maintenance work, or if the total amount of the charge is less than 200,000 won.
(2) If the amount of the charge levied pursuant to paragraph (1) exceeds costs and expenses incurred in relation to removal, or restoration to the original state, of the traffic safety facility, the difference shall be refunded. In such cases, matters necessary for refund procedures shall be prescribed by a Special Metropolitan City Mayor or Metropolitan City Mayor, the Governor of Jeju Special Self-Governing Province or the head of the relevant Si/Gun (excluding the head of a Gun within a Metropolitan City; hereinafter referred to as the "Mayor, etc"). <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
(3) Paragraphs(1) and (2) shall apply mutatis mutandis to standards for levying construction charges for the removal or restoration of unmanned traffic regulation equipment to the original state, and the refund thereof. In such cases, "traffic safety facility" and "Mayor, etc" shall be construed as "unmanned traffic regulation equipment" and "the commissioner of a district police agency, the chief of a police station or the Mayor, etc" respectively. <Newly Inserted by Presidential Decree No. 22590, Dec. 31, 2010>
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 Article 6 (Extent of People Assisting Police Officers)   print
The term "persons prescribed by Presidential Decree" in Article 5 (1) 2 of the Act means those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 19705, Oct. 19, 2006; Presidential Decree No. 23350, Dec. 6, 2011>
1. A person who was awarded a honorary title of accident-free driver or meritorious driver pursuant to Article 146 of the Act, or a person who has no record of traffic accident, engaging in driving a motor vehicle for business for not less than two years, and serves voluntarily as one of the best drivers for traffic safety by being selected as prescribed by the Commissioner General of the National Police Agency;
2. A military police officer who guides the movement of troops mobilized for a military exercise or operation.
CHAPTER II WAYS OF PEDESTRIANS TO WALK ROADS
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 Article 7 (Ways of Pedestrians or Processions to Roadways)   print
Pursuant to Article 9 (1) of the Act, a pedestrian or a procession, other than students' parade, may be allowed to proceed along a roadway, if he/ she or the procession falls under any of the following subparagraphs:
1. A person driving a large animal such as a horse or cattle;
2. A person carrying a ladder, timber, or any other objects that might obstruct pedestrian traffic;
3. A person cleaning, repairing, or maintaining the road, or performing any similar work;
4. A military procession or a procession of a similar organization;
5. A procession carrying flags, placards, or the like, or funeral procession.
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 Article 8 (Extent of Persons with Disabilities Equivalent to Visual Disability)   print
A person with a disability equivalent to visual disability as set forth in Article 11 (2) of the Act means a person who falls under any of the following subparagrahs:
1. A person with hearing disability;
2. A person with disability in maintaining bodily equilibrium;
3. A person who is unable to walk without an aid of an artificial leg or the like.
CHAPTER III WAYS FOR MOTOR VEHICLES AND HORSES TO PASS THROUGH ROAD-WAYS
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 Article 9 (Kinds of Exclusive Lanes, etc.)   print
(1) Kinds of exclusive lanes under Article 15 (2) of the Act (including cases applied mutatis mutandis in Article 61 (2) of the Act) and the types of motor vehicles that are permitted to travel along exclusive lanes (hereinafter referred to as "vehicles permitted to transit exclusive lanes") shall be as stated in the attached Table 1.
(2) Matters necessary for the designation of vehicles permitted to transit exclusive lanes, the revocation of such designation, etc. shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(3) The Mayor, etc. or the Commissioner General of the National Police Agency shall, whenever installing or abolishing an exclusive lane, issue a public notice of the section, the time period, operating hours, etc. of such exclusive lane (limited to a case of installing it) as prescribed, and shall notify such matters through newspapers, broadcasting, or any other means.
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 Article 10 (Ways of Vehicles other than Those Permitted to Transit Exclusive Lanes)   print
The term "cases prescribed by Presidential Decree" in the proviso to Article 15 (3) of the Act (including cases applied mutatis mutandis in Article 61 (2) of the Act) means any of the following cases:
1. Where an emergency motor vehicle is operated for its originally intended emergency purpose;
2. Where a taxi temporarily accesses the exclusive lane to assist his/her passengers get into or out off such taxi without interfering with the traffic of other vehicles passing through the exclusive lane. In such cases, the taxi driver shall leave of the exclusive lane as soon as his/ her passengers get into or out off the taxi;
3. Where it is impossible to pass through without accessing the exclusive lane due to damage to or destruction of the road, construction work on the road, or any other unavoidable obstacle.
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 Article 11 (Manner of Stopping, Parking, etc.)   print
(1) The manner and time limit of stopping and parking under Article 34 of the Act shall be as follows:
1. Every driver of a vehicle shall stop a vehicle at the right-hand edge of the road, whenever he/she intends to stop on the road: Provided, That the vehicle shall stand at least 50 centimeters away from the right-hand edge of the road toward the center of the road, if there is no separation between the roadway and the sidewalk in the road;
2. Every driver of a passenger vehicle, who stops the vehicle at a designated stop or any similar place in order to load or unload passengers, shall depart the place immediately after passengers get on or off without hindering other vehicles from stopping;
3. Every driver of a vehicle, who wishes to park the vehicle on the road, shall obey the rules as to the place, timing, and manner of parking prescribed by the commissioner of the competent district police agency.
(2) No driver, who wishes to stop or park his/her vehicle in accordance with paragraph (1), shall obstruct the traffic of others: Provided, That the same shall not apply where he/she follows a safety sign or an instruction given by a national police officer (including a combat police officer; hereinafter the same shall apply), an autonomous police officer of the Jeju Special Self-Governing Province (hereinafter referred to as an "autonomous police officer"), or a person who assists national police officers or autonomous police officers as set forth in Article 6 (hereinafter referred to as a "police officer, etc") or where he/she stops inevitably due to a mechanical trouble. <Amended by Presidential Decree No. 19705, Oct. 19, 2006>
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 Article 12 (Public Officials Responsible for Regulation of Stopping or Parking)   print
(1) "Public official appointed as prescribed by Presidential Decree" in Article 35 (1) 2 of the Act means a public official working for a competent local government, including a public official in charge of traffic administration or any related job, and appointed by the Mayor, etc. (including a Do Governor; hereafter the same shall apply in this Article through Article 15) as considered necessary for the crackdown on illegal parking (hereinafter referred to as "traffic regulation official"). <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
(2) Every regulation official under paragraph (1) shall wear a uniform, and matters necessary for the types, styles, provision, etc. of the uniform shall be prescribed by the Municipal Ordinance of a Special Metropolitan City, a Metropolitan City, or a Si/Gun (excluding a Gun within a Metropolitan City): Provided, That the style of the uniform shall be subject to prior consultation with the commissioner of the competent district police agency.
(3) The Mayor, etc. shall implement training programs prescribed by Ordinance of the Ministry of Public Administration and Security for the traffic regulation official. In such cases, such training programs may be entrusted to a police training institution, if the Mayor, etc. considers it necessary. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 13 (Measures for Towing, Taking Custody of, Returning, etc. of Vehicles Violating Parking Rules)   print
(1) The chief of a police station or the Mayor, etc. who intends to tow a vehicle pursuant to Article 35 (2) of the Act, shall conspicuously attach a sign saying "vehicle subject to imposition of fine for negligence or penalty and towing" to the exterior of the vehicle so that it can be readily noticed that the vehicle is subject to towing as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(2) The chief of a police station or the Mayor, etc. shall, whenever towing a vehicle pursuant to Article 35 (2) of the Act, take measures to ensure the user (referring to the owner or a person whom the owner has entrusted with the custody of the vehicle; hereinafter the same shall apply) or the driver of the vehicle informed of whereabout of the vehicle under conditions prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(3) If nobody claims the possession of the towed vehicle within 24 hours after towing, the chief of the police station or the Mayor, etc. shall notify the user or driver of the vehicle of the matters specified by Ordinance of the Ministry of Public Administration and Security, including the whereabout of the vehicle, via registered mail. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(4) As to the method of the public notice to be given by the chief of the police station or the Mayor, etc. pursuant to Article 35 (4) of the Act, the provisions of Article 34 (1) and (2) shall apply mutatis mutandis.
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 Article 14 (Sale or Scrapping of Vehicles in Custody)   print
(1) The chief of a police station or the Mayor, etc. who intends to sell or scrap a vehicle pursuant to Article 35 (5) of the Act, shall notify his/her intention in advance to the user, driver, or any other interested person of the vehicle as recorded in the vehicle register.
(2) As to the method of sale, if required, of a vehicle by the chief of the police station or the Mayor, etc. pursuant to Article 35 (5) of the Act, the provisions of Article 34 (4) shall apply mutatis mutandis.
(3) The chief of a police station or the Mayor, etc. may scrap a vehicle, if he/she fails to sell it because of its low value as an asset even after being offered for a competitive bid or similar thereto pursuant to paragraph (2).
(4) The chief of the police station or the Mayor, etc. who has sold a vehicle, shall deliver a statement on the decision of sale with the following descriptions to a purchaser, while the chief of the police station or the Mayor, etc. shall request the competent authority to expunge the registration of the vehicle when the vehicle has been scrapped:
1. The registration number of the vehicle sold out;
2. The date of sale;
3. The proceedings of sale;
4. The name (or the trading name and the representative's name, if the purchaser is a legal entity) and address of a purchaser.
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 Article 15 (Collection of Required Expenses, etc.)   print
(1) In returning the towed vehicle in custody, the chief of the police station or the Mayor, etc. shall, pursuant to Article 35 (6) of the Act, collect expenses incurred in towing, keeping in custody, giving a public notice, etc. (hereinafter referred to as the "required expenses") from the user or driver of the vehicle, issue the notice of demand for payment of penalties or fines for negligence, and receive a receipt before returning the vehicle, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(2) The chief of the police station or the Mayor, etc. who intends to collect the required expenses pursuant to paragraph (1), shall serve the user or driver of the vehicle with a written notice of the amount to be paid, the time limit and place for such payment.
(3) Guidelines for computation of the required expenses shall be prescribed by the Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, or a Si/Gun (excluding a Gun within a Metropolitan City).
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 Article 16 (Requirements for Towing Agent)   print
A legal entity, organization, or individual who wishes to engage in an agency business for towing, keeping custody of, and returning vehicles pursuant to Article 36 (1) and (2) of the Act (hereinafter referred to as a "towing agent") shall be equipped with human resources, facilities, equipment as follows: <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
1. Parking facility and its auxiliary facilities that can accommodate at least 40 vehicles if those are for the area of the Special Metropolitan City or a Metropolitan City, or those that can accommodate at least 20 vehicles if those are for Si/Gun (including a Gun within a Metropolitan City);
2. One or more towing vehicles;
3. Equipment for telecommunications among the office, the vehicle depot, and the towing vehicles;
4. Human resources deemed necessary for providing the agency service;
5. Other equipment necessary for keeping and maintaining vehicles as prescribed by Ordinance of the Ministry of Public Administration and Security.
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 Article 17 (Designation, Revocation of Designation, Suspension, etc. of Towing Agent)   print
(1) The chief of a police station or the Mayor, etc. shall designate a person who satisfies requirements set forth in Article 16 as a towing agent upon receiving an application, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(2) The chief of the police station or the Mayor, etc. who designates a towing agent pursuant to paragraph (1), shall issue a public notice thereof, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(3) Every towing agent shall carry insurance covering damage that might be caused while towing and keeping vehicles in custody within the extent of 100 million won as designated by Ordinance of the Ministry of Public Administration and Security, or shall take proper measures as necessary. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(4) The chief of a police station or the Mayor, etc. may revoke the designation of a towing agent that violates an order to take measures under Article 36 (3) of the Act, or suspend the service of the towing agent for a time period of six months or less, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 18 (Vesting of Required Expenses on Towing Agent)   print
Required expenses collected in accordance with Article 15 (1) during the course of providing the agency service for towing, keeping in custody, and returning vehicles shall be deemed the revenue of the towing agent.
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 Article 19 (Lighting While Operating Vehicle on Road at Nighttime)   print
(1) The lights that all drivers of vehicles shall use while operating such vehicles on the road at nighttime in compliance with subparagraphs of Article 37 (1) of the Act shall be classified into the following categories:
1. For motor vehicles: Headlights, sidelights, tail lights, license plate lights, and interior illumination as prescribed by motor vehicles safety standards (interior illumination shall be applicable only to buses and commercial vehicles for passenger transport business as defined in the Passenger Transport Service Act);
2. For motorcycles: Headlights and tail lights;
3. For towed vehicles: Tail lights, sidelights and license plate lights;
4. For all vehicles other than motor vehicles or similar: Such lights as may be prescribed and publicly notified by the commissioner of each district police agency.
(2) The lights that all drivers of vehicles shall use while standing or parking on the road in compliance with subparagraphs of Article 37 (1) of the Act shall be classified into the following categories:
1. For motor vehicles (excluding two-wheeled motor vehicles): Tail lights and sidelights set forth in motor vehicles safety standards;
2. For two-wheeled motor vehicles (including motorcycles): Tail lights (including rear reflectors);
3. For all vehicles other than motor vehicles or similar: Such lights as may be prescribed and publicly notified by the commissioner of each district police agency.
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 Article 20 (Operation of Lights While Proceeding in Opposing Directions, etc.)   print
(1) In compliance with Article 37 (2) of the Act, the lights shall be operated in the following manner:
1. All drivers of vehicles shall, while proceeding in opposing directions with, and passing other vehicles at night, reduce the brightness of the headlights, lower the direction of the lights, or turn off the lights momentarily: Provided, That the same shall not apply when there is no likelihood of obstructing the travel of the other passing vehicle in the terms of the road conditions;
2. All drivers of vehicles shall, while following a vehicle immediately ahead at nighttime, keep the direction of headlights lower, and shall not interfere with the operation of the vehicle ahead by recklessly adjusting the brightness of headlights.
(2) All drivers of vehicles shall, while passing through a place with heavy traffic, keep the beam of headlights lower: Provided, That the same shall not apply to places designated by the commissioner of the competent district policy agency deemed necessary for maintaining the safety and smoothness of traffic flow.
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 Article 21 (Timing and Methods for Signaling)   print
The timing and methods for signaling in compliance with Article 38 (1) of the Act shall be as illustrated in the attached Table 2.
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 Article 22 (Safety Standards for Operation)   print
Safety standards for operation under Article 39 (1) of the Act shall be as follows:
1. The number of passengers aboard a motor vehicle (excluding motor vehicles for expressway bus transport business and cargo vehicles) shall not exceed 110 percent of its passenger capacity: Provided, That no vehicle may be operated on an expressway with more passengers on board than its passenger capacity;
2. The number of passengers aboard a motor vehicle for expressway bus transport business or a cargo vehicle shall not exceed its passenger capacity;
3. The laden weight of a cargo vehicle shall not exceed 110 percent of its laden capacity conforming to its structure and efficiency;
4. The load on a cargo vehicle shall strictly conform to the following standards:
(a) Its length shall not exceed 110 percent of the length of the vehicle (or, for a two-wheeled motor vehicle, the length of the device for riding or loading plus 30 centimeters);
(b) Its width shall not exceed the range within which the rear side is visible through the rear-view mirror of the vehicle (or the range within which the cargo is visible, if the height of the cargo loaded is lower than the range of the rear-view mirror, or the range within which the rear side is visible, if the height of the cargo loaded is higher);
(c) Its height shall not exceed 4 meters from the ground (or 4.2 meters for the route publicly notified as determined that there is no likelihood of any risk to the road structure and traffic safety; or 2.5 meters from the ground for small three-wheeled motor vehicles, or 2 meters from the ground for two-wheeled motor vehicles).
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 Article 23 (Permission for Boarding or Loading in Excess of Safety Standards)   print
(1) The chief of a police station shall grant permission under the proviso to Article 39 (1) of the Act, only in any of the following cases:
1. Operating a cargo vehicle with passengers aboard inevitably exceeding its passenger capacity in order to carry out work for telegraph, telephone, electricity, water supply, snow removal, or any other work for public benefit; or
2. Transporting cargo to which standards set forth in subparagraphs 3 and 4 of Article 22 are unapplicable because of its indivisibility.
(2) The chief of the police station may, upon granting permission under paragraph (1), attach a condition necessary for safe operation.
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 Article 24 (Suspension of Operation of Motor Vehicles, etc. in Bad Repair)   print
(1) A national police officer, who orders temporary suspension of operation pursuant to the former part of Article 41 (3) of the Act, shall attach a sign prescribed by Ordinance of the Ministry of Public Administration and Security (hereinafter referred to as "sign of bad repair"), on the windshield of the motor vehicle, etc., and deliver a written order for repair prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 19705, Oct. 19, 2006; Presidential Decree No. 20692, Feb. 29, 2008>
(2) A national police officer, who has taken action under paragraph (1), shall report his/her action to the commissioner of the competent district police agency without delay, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 19705, Oct. 19, 2006; Presidential Decree No. 20692, Feb. 29, 2008>
(3) Nobody shall tear or mutilate the sign of bad repair attached to a vehicle pursuant to paragraph (1), or remove it without having the condition of repair confirmed in accordance with Article 25.
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 Article 25 (Confirmation of Repaired Condition of Motor Vehicles, etc. in Bad Repair)   print
(1) The driver or caretaker of a motor vehicle, etc. subjected to disposition under Article 24 (1) shall complete necessary repair work to obtain confirmation of the commissioner of the competent district policy agency.
(2) The commissioner of a district police agency may, if considered necessary, require the chief of a competent police station to confirm the relevant repair work under paragraph (1).
(3) A person, who wishes to obtain the confirmation under paragraph (1), shall submit the written order for repair.
(4) The commissioner of a district police agency shall, when confirming that necessary repair work has been completed in compliance with the written order for repair, return the impounded motor vehicle registration certificate without delay.
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 Article 26 (Notice of Suspension of Use)   print
(1) The commissioner of a district police agency, who finds as a result of an inspection to confirm the condition of repair pursuant to Article 25 that necessary repair work has not been completed and thus determines to suspend the use of the motor vehicle, etc. pursuant to the latter part of Article 41 (3) of the Act, shall issue a notice of suspension of use of motor vehicle prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(2) As to the repair of a motor vehicle, etc. and confirmation thereof, and the return of the motor vehicle registration certificate, where a notice of suspension of use of motor vehicle has been issued in accordance with paragraph (1), the provisions of Article 25 shall apply mutatis mutandis. In such cases, the term "order for repair" shall be construed as "notice of suspension of use of motor vehicle".
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 Article 27 (Scope of Unauthorized Signs, Painting, etc.)   print
The scope of painting, signs, etc. subject to restrictions under Article 42 (2) of the Act shall be as follows:
1. Painting or marks that are likely to cause people to misapprehend a vehicle as an emergency vehicle;
2. Pictures, signs, or letters that give other people an offensive impression with the expression of abusive language, depiction of obscene acts, or otherwise.
CHAPTER IV DUTIES OF DRIVERS, EMPLOYERS, ETC.
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 Article 28 (Standard Permeability of Visible Rays through Window Glass of Motor Vehicles)   print
The permeability of visible rays through each window glass of a motor vehicle, which shall serve as the standard for determining whether to ban operation thereof if not complied with, under Article 49 (1) 3 of the Act, shall be classified into the following categories:
1. Front windshield: Less than 70 percent;
2. Window glass on the right and left sides of the driver's seat: Less than 40 percent;
3. Deleted. <by Presidential Decree No. 21206, Dec. 31, 2008>
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 Article 29 (Device Not Obstructing Safe Driving)   print
The term "device that does not obstruct safe driving, as prescribed by Presidential Decree" in Article 49 (1) 10 (d) of the Act means a device that helps any person use a mobile phone (including car phones) without holding it in his/her hand.
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 Article 30 (Return and Disposal of Illegally Mounted Devices Removed by National or Autonomous Police Officers)   print
As to return, disposal, etc. of an illegally mounted device removed by a national or an autonomous police officer in accordance with Article 49 (2) of the Act, the provisions of Articles 35 and 36 shall apply mutatis mutandis. In such cases, the term "chief of a police station" shall be construed as "chief of a police station or the Governor of Jeju Special Self-Governing Province"; the term "structure, etc" as "illegally mounted devices"; the term "possessor, etc" as "owner or driver"; the term "from the date of public notice under Article 34 (1)" as "from the day on which the illegally mounted device is removed in accordance with Article 49 (2) of the Act"; and the term "National Treasury" as "National Treasury or the Treasury of the Jeju Special Self-Governing Province", respectively.
[This Article Wholly Amended by Presidential Decree No. 19705, Oct. 19, 2006]
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 Article 31 (Requirements, etc. for School Buses for Children)   print
The term "requirements prescribed by Presidential Decree" in Article 52 (3) of the Act means the following requirements: <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 21077, Oct. 8, 2008; Presidential Decree No. 21206, Dec. 31, 2008; Presidential Decree No. 23350, Dec. 6, 2011; Presidential Decree No. 23356, Dec. 8, 2011>
1. The specification of a vehicle shall meet standards set forth in the provisions of Articles 19 (8), 27 (6), 29 (1) 4, 48 (4), and 50 (2), and subparagraph 11 of Article 106 of the Motor Vehicle Safety Rules;
2. School buses for children shall have signs for child protection attached conspicuously to the upper right part of the front windshield and the lower center part of the rear glass, as prescribed by Ordinance of the Ministry of Public Administration and Security;
3. It shall carry insurance under Article 5 of the Insurance Business Act, or shall be insured by the mutual aid association under Article 61 of the Passenger Transport Service Act in order to fully compensate for damage from traffic accidents;
4. It shall be a vehicle registered in the name of a person who has obtained authorization for, or has completed registration or report of, a school, daycare nursery, private teaching institute, or sports facilities under subparagraph 23 of Article 2 of the Act in the original register under Article 8 of the Decree on Registration of Motor Vehicles, or a vehicle for which the head of a school or daycare nursery pursuant to Article 10 of the Infant Care Act has entered into a transport contract with a bus leasing business entity in accordance with the latter part of subparagraph 2(a) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act.
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 Article 31-2 (Safety Education for Operators, etc. of School Buses for Children, etc.)   print
(1) Each person who operates and each person who drives any motor vehicle which is used for children's commuting, etc. (excluding motor vehicles reported pursuant to Article 52 of the Act) or school bus for children (hereinafter referred to as "school bus, etc. for children") at an education facility for children among facilities under the items of subparagraph 23 of Article 2 of the Act (hereinafter referred to as "education facility for children"), shall undergo safety education on school bus, etc. for children conducted by the Road Traffic Authority under Article 120 of the Act (hereinafter referred to as the "Road Traffic Authority") or the head of an agency having jurisdiction over education facilities for children, according to the following category:
1. Initial safety education: Within one year from the start date of operating or driving a school bus, etc. for children;
2. Safety re-education: Once every three years (referring to a period from January 1 to December 31 of the year where the date on which it becomes three years from the date of immediately preceding education falls) where intending to continue to operate or drive a school bus, etc. for children.
(2) The safety education on school bus, etc. for children shall be conducted with regard to the following matters for not less than three hours by means of lecture, audio-visual education, etc.:
1. Characteristics of children's behavior in regard to traffic safety;
2. Acts and subordinate statutes concerning the operation, etc. of the school bus, etc. for children;
3. Analysis of major cases of accidents of the school bus, etc. for children;
4. Other matters necessary to protect children during driving and getting on or off a motor vehicle.
(3) The head of an agency which has conducted safety education on a school bus, etc. for children shall issue a certificate of education prescribed by Ordinance of the Ministry of Public Administration and Security to each person who has completed the safety education.
(4) Each operator and each driver of a school bus, etc. for children shall keep the certificate of education issued pursuant to paragraph (3), according to the following category:
1. Operator's certificate of education: At an easily visible place inside the education facility for children;
2. Driver's certificate of education: Inside of the school bus, etc. for children.
(5) Detailed matters concerning the teaching materials, public notification, etc. necessary for the provision of safety education on a school bus, etc. for children, other than matters prescribed in paragraphs (1) through (4), shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Newly Inserted by Presidential Decree No. 23350, Dec. 6, 2011]
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 Article 32 (Investigation of Traffic Accidents)   print
Any national police officer at the scene of a traffic accident shall investigate the following matters in accordance with Article 54 (6) of the Act: Provided, That where a public action cannot be instituted pursuant to Article 3 (2) or 4 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, for a traffic accident by which no one is dead or injured as a result of the investigation on matters referred to in subparagraphs 1 through 4, an investigation on matters referred to in subparagraphs 5 through 7 may be omitted: <Amended by Presidential Decree No. 19705, Oct. 19, 2006; Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 23350, Dec. 6, 2011>
1. Date, time, and place at which the traffic accident occurred;
2. Damage of a traffic accident;
3. Persons involved in a traffic accident, vehicle registration and whether a motor vehicle has been insured;
4. Whether a driver's license is valid, whether a driver drives a motor vehicle under the influence of alcohol or drugs, and takes necessary measures, such as relief measures on the injured, etc.;
5. Whether a driver has committed an error:
6. Conditions of the scene of a traffic accident;
7. Other matters necessary for the causes of a traffic accident, such as defects of a motor vehicle or a traffic safety system, etc. and collection of evidence, such as tachographs installed pursuant to Article 55 of the Traffic Safety Act.
CHAPTER V USE OF ROADS
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 Article 33 (Notification of Permission, etc. for Occupation and Use of Road)   print
(1) When a road management agency has permitted to occupy and use a road under Article 70 (1) 1 of the Act, it shall immediately notify the Commissioner General of the National Police Agency or the chief of a competent police station thereof in writing (including electronic documents) by attaching a copy of permit and a copy of application for permission.
(2) When a road management agency has prohibited or restricted traffic under Article 70 (1) 2 of the Act, it shall immediately notify the Commissioner General of the National Police Agency or the chief of a competent police station thereof in writing (including electronic documents) by stating clearly the object, section, period and reason.
[This Article Wholly Amended by Presidential Decree No. 20835, Jun. 20, 2008]
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 Article 34 (Retaining, etc. of Structures, etc. in Custody)   print
(1) The chief of a police station, who retains a structure, etc. removed pursuant to the former part of Articles 71 (2) or 72 (2) of the Act, shall put a public notice of the following information on the bulletin board of the police station for 14 days from the date on which the structure, etc. was taken into his/her custody, and shall prepare and make a list available to the interested parties for inspection, as prescribed by Ordinance of the Ministry of Public Administration and Security: <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
1. The name, type, shape, and quantity of the structure, etc. in custody;
2. The place where the structure, etc. in custody was originally installed, and the date and time on which such structure, etc. was removed;
3. The place where the structure, etc. is kept in custody;
4. Other matters deemed necessary for keeping such structures, etc. in custody.
(2) The chief of a police station shall, if the possessor, owner or caretaker of a structure, etc. (hereinafter referred to as a "possessor, etc") is unknown even after the lapse of the period for public notice set forth in paragraph (1), publish a public notice in a daily newspaper: Provided, That the same shall not apply where it is not worth such public notice on a daily newspaper from the viewpoint of its value as an asset.
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to the public notice of the money received upon sale of a structure, etc. and kept in custody in accordance with the latter parts of Articles 71 (2) and 72 (2) of the Act.
(4) The chief of a police station shall, when selling a structure, etc. in accordance with the latter parts of Articles 71 (2) and 72 (2) of the Act, place it on a competitive bid, as prescribed by the Act on Contracts to Which the State is a Party, except for any of the following cases:
1. Where the value is likely to diminish significantly, if its sale is not kept confidential;
2. Where it is concluded that there will be no bidder for such competitive bid;
3. Where competitive bid is deemed improper on any other ground.
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 Article 35 (Return of Structures, etc.)   print
(1) The chief of a police station shall, when returning a structure, etc. in his/her custody in accordance with Articles 71 (2) and 72 (2) of the Act (including the money received upon its sale; hereafter the same shall apply in this Article) to its possessor, etc., verify the name, address, and resident registration number of the person to whom it is to be returned and whether the person is the rightful right-holder of the subject matter.
(2) The chief of a police station may, when returning a structure, etc. in accordance with paragraph (1), charge expenses spent for removal, transport, storage or sale of such structure, etc. on its possessor, etc.
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 Article 36 (Measures to Be Taken when No Known Possessor Exists)   print
(1) If the possessor, etc. who is entitled to return of a structure, etc. kept in custody is not known, or if nobody claims such return, even after the passage of 6 months from the date of public notice given in accordance with Article 34 (1), the structure, etc. may be sold and the proceeds therefrom may be kept in custody.
(2) If a person who is entitled to return of the proceeds received from sale is not known, or if nobody claims such return, even after the passage of 5 years from the date on which public notice was given about the proceeds from sale in accordance with paragraph (1), the proceeds from such sale shall escheat to the National Treasury.
CHAPTER VI TRAFFIC SAFETY EDUCATION
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 Article 37 (Traffic Safety Education)   print
(1) The traffic safety education under Article 73 (1) of the Act (hereinafter referred to as "traffic safety education") shall be provided through a one-hour educational program composed of audio-visual presentations, etc. about the matters set forth in the subparagraphs of the same paragraph. <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
(2) Necessary matters concerning the subjects, contents, methods, hours, etc. of the education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 38 (Special Traffic Safety Education)   print
(1) The special traffic safety education under Article 73 (2) of the Act (hereinafter referred to as "special traffic safety education") shall be classified into the following education courses for implementation: <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
1. Education course for the Acts and regulations governing traffic:
2. Education course for driving knowledge:
(a) A person who would be or has been subject to the suspension of his/her driver's license due to having caused a traffic accident, or driving under the influence of alcohol or common peril, and the suspension period has not elapsed;
(b) A person who would be or has been subject to the suspension of his/her driver's license because of any ground other than those set forth in item(a), or a person who wants to receive such education among those with their drivers' license suspended;
(c) A novice driver who would be or has been subject to the suspension of his/her driver's license, and the suspension period has not elapsed;
(d) A person whose driver's license has been revoked and wishes to have his/her driver's license reissued;
3. Participatory traffic education course:
An education course for participation in actual traffic regulation spots, conducted for those who wish to receive the education, among those who have completed the education course for driving knowledge under subparagraph 2 (excluding those who fall under subparagraph 2 (d) ): Provided, That it is available exclusively to those who have not received the same education during the last one year.
(2) Special traffic safety education shall be conducted through a 4 to 16 hour education course composed of lectures, audio-visual presentations, field experience training, etc. on the following matters: <Amended by Presidential Decree No. 23350, Dec. 6, 2011>
1. Traffic order;
2. Traffic accidents and preventive measures;
3. Basics of safe driving;
4. Acts and regulations governing traffic and safety;
5. Driver's licenses and maintenance of motor vehicles;
6. Other matters necessary for securing traffic safety.
(3) Special traffic safety education shall be conducted by the Road Traffic Authority: Provided, That the field experience education under paragraph (2) shall be conducted by the chief of each police station. <Amended by Presidential Decree No. 20835, Jun. 20, 2008; Presidential Decree No. 23350, Dec. 6, 2011>
(4) Matters necessary for the subjects, details, methods, hours, etc. of the special traffic safety education shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(5) Any person, who falls under Article 73 (2) 1, 2, or 3 of the Act but is unable to receive the education due to any of the following events or causes, shall submit an application for postponement of special traffic safety education along with a document evidencing the event or cause for postponement, as prescribed by Ordinance of the Ministry of Public Administration and Security. In such cases, the person shall receive the education within 30 days after such event or cause terminates, if his/her application for postponement of the special traffic safety education is accepted: <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
1. When he/she is made immobile due to a disease or injury;
2. When he/she is deprived of freedom and is detained or confined in custody for control purposes;
3. When any extenuating circumstance exists.
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 Article 39 (Designation Standards for Traffic Safety Education Institutions)   print
Standards for facilities, equipment, instructors, etc. for designation of traffic safety educational institutions under Article 74 of the Act shall be as follows: <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
1. Standards for facilities and equipment:
(a) The facilities shall meet standards for specialized driving schools (hereinafter referred to as "specialized driving schools") under subparagraphs 1 through 6 (excluding the standards for infirmary) of attached Table 5;
(b) The institution shall be equipped with an electronic computer system for management of traffic safety education (including devices for personal identification) and educational instruments and materials for lectures, as prescribed and publicly announced by the Commissioner General of the National Police Agency;
2. Standards for instructors:
Every traffic safety educational institution shall have at least one instructor of traffic safety education under Article 76. In such cases, an instructor of classroom subjects may be assigned as instructor of traffic safety education concurrently.
3. Standards for operation:
Every traffic safety educational institution shall have an one-hour education course at least five times a week. In such cases, the education course shall have a night course at least once every week, and a Saturday, Sunday or holiday course at least once every month.
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 Article 40 (Qualification Training, etc. for Instructors of Traffic Safety Education)   print
(1) "Qualification training for instructors of traffic safety education prescribed by Presidential Decree" in Article 76 (2) 2 of the Act means training conducted by the Road Traffic Authority on the details and methods of implementation of the traffic safety education under Article 37 and qualifications required as an instructor of traffic safety education.
(2) Training and education of instructors of traffic safety education under Article 76 (5) of the Act shall be governed by Article 70.
[This Article is Wholly Amended by Presidential Decree No. 23350, Dec. 6, 2011]
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 Article 41 (Confirmation of Attendance at Traffic Safety Education Class)   print
The term "education under standards set by Presidential Decree" in Article 77 (2) of the Act means the education as set forth in Article 37.
CHAPTER VII DRIVER'S LICENSE
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 Article 42 (Specific Scope of Persons Disqualified for Driver's Licenses)   print
(1) "Person who is prescribed by Presidential Decree" in Article 82 (1) 2 of the Act means a person who, according to a diagnosis of a specialist in the relevant medical field, is incapable of driving under normal conditions due to mental disorder such as dementia, schizophrenia, schizo-affective disorder, bipolar affective disorder, recurrent depressive disorder, mental retardation, epilepsy, or any other similar disorder.
(2) "Physically handicapped who are prescribed by Presidential Decree" in Article 82 (1) 3 of the Act means a person who is incapable of sitting steadily due to physical disability in a leg, head, spine, or any other part of the body.
(3) "Person who is prescribed by Presidential Decree" in Article 82 (1) 5 of the Act means a person who, according to a diagnosis of a specialist in the relevant medical field, is incapable of driving under normal conditions due to a disorder relating to narcotic, marijuana, psychoactive drug, or alcohol.
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 Article 43 (Implementation of Tests for Drivers' Licenses)   print
(1) "Driver's licence test prescribed by Presidential Decree" in the proviso to Article 83 (1) of the Act means a driver's license test conducted for issuing a license for driving a motorcycle.
(2) A person wishing to apply for a driver's license test under Article 83 (1) or (2) of the Act shall file an application, as prescribed by Ordinance of the Ministry of Public Administration and Security, with the Road Traffic Authority: Provided, That an application for the motorcycle license test under paragraph (1) shall be filed with the commissioner of a district police agency or the Road Traffic Authority, whoever has jurisdiction over the area in which the test is conducted. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23350, Dec. 6, 2011>
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 Article 44 (Place of Tests for Drivers' Licenses)   print
The place of driver's license tests shall be determined by the Road Traffic Authority: Provided, That the place for the motorcycle driver's license test conducted by the commissioner of a district police agency or the Road Traffic Authority under the proviso to the part other than each subparagraph of Article 83 (1) of the Act and Article 43 (1) of this Decree shall be determined and publicly announced by the commissioner of a district police agency or the Road Traffic Authority. <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
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 Article 45 (Standards for Aptitude Required for Driving Motor Vehicles, etc.)   print
(1) Standards for aptitude required for driving motor vehicles, etc. under Articles 83 (1) 1, 87 (2) and 88 (1) of the Act shall be as follows: Provided, That the standard set forth in subparagraph 2 shall not apply to the aptitude test under Articles 87 (2) and 88 (1) of the Act: <Amended by Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23350, Dec. 6, 2011>
1. Eyesight (including corrected eyesight) shall meet the following standards:
(a) For Class I driver's licenses:
(b) For Class II driver's licenses:
2. The eyes shall be able to discern the colors of red, green and yellow;
3. Hearing ability (limited to a drivers' license for large motor vehicles and a special drivers' license among Class I driver's license):
4. One shall not have any other physical or mental disability deemed to impede driving under normal conditions, such as trouble in operating the steering wheel or any other apparatus freely as intended: Provided, That the same shall not apply where it is concluded that one is able to drive under normal conditions by using aids or a motor vehicle manufactured to suit his/her physical handicap and approved as such.
(2) The aptitude under standards prescribed in the subparagraphs of paragraph (1) can be judged on the basis of any document which is set forth in the following subparagraphs and issued within two years before the date on which application for a test for driver's license is filed and a medical history report prescribed by Ordinance of the Ministry of Public Administration and Security (in cases of Class I and II driver's license for ordinary vehicles, the aptitude according to the standards referred to in paragraph (1) 2 and 4 may be judged by a written report on a disease or the body prescribed by Ordinance of the Ministry of Public Administration and Security): <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 22910, Apr. 30, 2011>
1. A physical examination report issued by a medical institution which has reported to the Road Traffic Authority as prescribed by Ordinance of the Ministry of Public Administration and Security;
2. A notice of the results of a medical examination given pursuant to Article 47 of the National Health Insurance Act;
3. A medical certificate issued by a medical doctor under Article 17 of the Medical Service Act.
(3) For the purposes of the proviso to paragraph (1) 4, when a person difficult to be judged by any document referred to in each subparagraph of paragraph (2) and a medical history report (in cases of Class I and II driver's license for ordinary vehicles, a written report on a disease or the body) for the part, other than those set forth in the subparagraphs of the same paragraph, falls under cases prescribed by Ordinance of the Ministry of Public Administration and Security, such as the fact that he/she has received technical education for not less than two hours in a driving school, etc. he/she shall be deemed to meet the aptitude standards. <Newly Inserted by Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 22910, Apr. 30, 2011>
(4) The Road Traffic Authority may issue instructions for matters necessary for procedures, methods and standards for the aptitude test to a medical institution carrying out the aptitude test in accordance with paragraph (2) 1. <Amended by Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 22910, Apr. 30, 2011>
(5) The standards for the driver's license for those who fall under the proviso to paragraph (1) 4 shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 46 (Test of Knowledge on Acts and Subordinate Statutes Governing Motor Vehicles, etc. and Road Traffic)   print
The test of knowledge on Acts and subordinate statutes governing motor vehicles, etc. and road traffic under Article 83 (1) 2 of the Act shall be conducted to test the following matters:
1. Provisions of the Act and the orders thereunder;
2. Provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the orders thereunder;
3. Matters concerning registration and inspection of motor vehicles, etc. as stated in the provisions of the Motor Vehicle Management Act and the orders thereunder;
4. Matters provided for in the traffic safety rules and guidelines for traffic safety education under Article 144 of the Act.
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 Article 47 (Tests on Maintenance Techniques of Motor Vehicles, etc. and Essential Points of Inspection Required for Safe Driving)   print
(1) The test on the maintenance techniques of motor vehicles, etc. and essential points of inspection required for safe driving under Article 83 (1) 3 of the Act shall be conducted to test the following matters:
1. Deleted; <by Presidential Decree No. 20038, Apr. 27, 2007>
2. Basic essential points for inspection of motor vehicles, etc.;
3. Discernment of minor troubles;
4. Maintenance techniques of system operation (including operating techniques for saving fuel);
5. Matters provided for in the traffic safety rules and guidelines for traffic safety education under Article 144 of the Act.
(2) The test under paragraph (1) shall be conducted separately for each type of motor vehicle, etc. according to the classification of the relevant license.
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 Article 48 (Tests for Skills Required for Driving Motor Vehicles, etc.)   print
(1) The test for skills required for driving motor vehicles, etc. under Article 83 (1) 4 of the Act shall be conducted to test the following matters:
1. Ability to operate the operating system;
2. Ability to drive in compliance with the Acts and regulations governing traffic;
3. Ability to perceive and judge situations while driving.
(2) The types of motor vehicles, etc. to be used for the skill test under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(3) The skills test under paragraph (1) shall be conducted by an electronic scoring system: Provided, That tests for skills prescribed by Ordinance of the Ministry of Public Administration and Security may be scored by the tester of the driver's license in person. <Amended by Presidential Decree No. 22910, Apr. 30, 2011>
(4) Necessary matters concerning the specifications, installation, useful life, etc. of the electronic scoring systems under paragraph (3) shall be prescribed by the Commissioner General of the National Policy Agency.
(5) Deleted. <by Presidential Decree No. 22590, Dec. 31, 2010>
(6) Any person who has failed to pass a technical examination may apply for a technical examination again after not less than three days have passed from the date he/she fails. <Newly Inserted by Presidential Decree No. 21844, Nov. 23, 2009>
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 Article 49 (On-Road Driving Test of Competence for Driving Motor Vehicles)   print
(1) The on-road driving test of competence for driving motor vehicles in accordance with Article 83 (2) of the Act (hereinafter referred to as "on-road driving test") shall be conducted to test the following matters:
1. Ability to operate the operating system on the road;
2. Ability to operate a motor vehicle on the road in compliance with the Acts and regulations governing traffic.
(2) The on-road driving test shall be conducted on those who have obtained student licenses pursuant to Article 80 (2) 3 of the Act. <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
(3) The standards for road condition and the types of motor vehicles used for on-road driving tests shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(4) Any person who fails to pass the on-road driving test may apply for the on-road driving test again after not less than three days have passed from the date he/she fails. <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
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 Article 50 (Driver's License Test Process, Criteria for Passing, etc.)   print
(1) The tests under Articles 46 and 47 shall be written tests, and an examinee who successfully passes such tests is entitled to take the skill test under Article 48: Provided, That a physically disabled person as set forth in the proviso to Article 45 (1) 4 or an illiterate person may be allowed to sit an oral test in place of a written test, if the person finds it difficult to take a written test.
(2) The maximal score of each of the tests under Articles 46 and 47 shall be 100 points, and one is required to obtain at least 70 points each to successfully pass the test for Class I driver's license or at least 60 points each for Class II driver's license. In such cases, the same shall also apply where the tests under Articles 46 and 47 are conducted as a combined test.
(3) The maximal score of the on-road driving test under Article 49 shall be 100 points, and one is required to obtain at least 70 points to pass the test.
(4) An examinee of a driver's license test (excluding Class I or II driver's license for ordinary vehicles) shall satisfy the standards of aptitude under Article 45 and pass all tests under Articles 46 through 48 to successfully pass the driver's license test.
(5) An examinee of a driver's license test for either Class I or II driver's license for ordinary vehicles shall hold a valid Class I or II student license for ordinary vehicles and pass the on-road driving test under Article 49 to successfully pass the driver's license test.
(6) A person who successfully passes the written tests under Articles 46 and 47 shall be exempted from the written tests successfully passed only for the driver's license tests subsequently conducted within one year from the date he/she passes the tests.
(7) Except as provided for in this Decree, other matters pertaining to the driver's license test shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 51 (Criteria for Partial Exemption from Driver's License Test)   print
The criteria for partial exemption from the driver's license test under Article 84 (1) of the Act shall be as provided for in the attached Table 3.
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 Article 52 (Partial Exemption from Driver's License Test for Holders of Foreign Drivers' Licenses)   print
(1) The scope of partial exemption from the driver's licence examination for a holder of a foreign driver's license under Article 84 (2) of the Act shall be as provided for in the attached Table 3.
(2) The term "those residing in the Republic of Korea for the purposes prescribed by the Presidential Decree" in the proviso to Article 84 (2) of the Act means those who reside in the Republic of Korea with legal status for stay, as set forth in the attached Table 1 to the Enforcement Decree of the Immigration Control Act, for the purpose of diplomacy, official affairs, a pact or agreement, corporate investment, trade or business management, teaching, research, technical advice, or specific activities, or overseas Koreans, their spouses, and their unmarried children of less than 20 years of age.
(3) The Minister of Foreign Affairs and Trade shall research the states under Article 84 (2) of the Act, which recognize domestic licenses issued by the Republic of Korea as valid within their territories, at least once a year, and shall notify the Commissioner General of the National Police Agency of the results thereof.
(4) The Commissioner General of the National Police Agency shall, upon receiving, from the Minister of Foreign Affairs and Trade in accordance with paragraph (3), a notice of the States that recognize domestic licenses issued by the Republic of Korea as valid, confirm the scope of those States that have recognized such domestic licenses as valid and issue a public notice thereof.
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 Article 53 (Renewal of Drivers' Licenses)   print
(1) A person who is required to have his/her driver's license renewed pursuant to Article 87 (1) of the Act, shall submit an application prescribed by Ordinance of the Ministry of Public Administration and Security, to the commissioner of a competent district police agency within the time period set for renewal of such driver's license under the subparagraphs of the same paragraph. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 23350, Dec. 6, 2011>
(2) Where the commissioner of a district police agency issues a renewed driver's license pursuant to Article 87 (1) of the Act, the Road Traffic Authority shall record the details of the license in the book prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23350, Dec. 6, 2011>
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 Article 54 (Regular Aptitude Tests, etc.)   print
(1) A person who is obligated to take a regular aptitude test under Article 87 (2) of the Act shall file an application prescribed by Ordinance of the Ministry of Public Administration and Security, along with the following documents attached thereto, with the Road Traffic Authority, within the time period set for renewal of such driver's license under the subparagraphs of the Article 87 (1): <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 22910, Apr. 30, 2011; Presidential Decree No. 23350, Dec. 6, 2011>
1. Driver's license card;
2. Medical history report (applicable only to a person holding a Class I driver's license for large, special or small vehicles);
2-2. A written report on a disease or the body (applicable only to a person holding a Class I driver's license for ordinary vehicles);
3. Any document prescribed in each subparagraph of Article 45 (2).
(2) Deleted. <by Presidential Decree No. 22910, Apr. 30, 2011>
(3) The commissioner of each district police agency shall issue a new driver's license to an applicant who successfully passes the regular aptitude test, and the Road Traffic Authority shall record the details of the license in the register prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 22590, Dec. 31, 2010>
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 Article 55 (Postponement, etc. of Issuance of Renewed Drivers' Licenses and Regular Aptitude Tests)   print
(1) Where a person who is required to have his/her driver's license renewed (including regular aptitude tests, where he/she is obligated to undergo a regular aptitude test pursuant to Article 87 (2) of the Act; hereafter the same shall apply in this Article) is unable to have his/her driver's license renewed due to any of the following causes or events, he/she shall have it renewed in advance before the period for renewal thereof or submit an application for postponement of the issuance of the renewed driver's license, along with a document evidencing such event or cause for postponement attached thereto, as prescribed by Ordinance of the Ministry of Public Administration and Security: <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 23350, Dec. 6, 2011>
1. When he/she stays abroad or suffers a disaster or calamity;
2. When he/she is immobilized due to disease or injury;
3. When he/she is deprived of personal freedom and is detained or confined in custody pursuant to Acts and subordinate statutes;
4. When he/she is in military service (including substitute service as a guard in a correctional facility, a combat police officer, or a compulsory fire-fighter pursuant to the Military Service Act, but limited to a private soldier), or when there are any other reasonable grounds generally acceptable to ordinary people in society.
(2) The Road Traffic Authority shall either issue a renewed driver's license within the period for renewal or postpone the period for renewal of the driver's license, if the reason for the application filed under paragraph (1) is considered reasonable. <Amended by Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23350, Dec. 6, 2011>
(3) A person, for whom the period for renewal of the driver's license is postponed pursuant to paragraph (2), shall have his/her driver's license renewed within three months from the date such cause or event terminates. <Amended by Presidential Decree No. 23350, Dec. 6, 2011>
(4) Deleted. <by Presidential Decree No. 23350, Dec. 6, 2011>
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 Article 56 (Occasional Aptitude Tests)   print
(1) "Grounds prescribed by Presidential Decree, such as postnatal disability that impedes the safe driving of a motor vehicle" in Article 88 (1) of the Act means any of the following grounds:
1. Where there exist reasonable grounds to believe that a case falls under one of the cases set forth in Article 82 (1) 2 through 5 of the Act or the physical disability, etc. that impedes safe driving;
2. Where personal information about the postnatal disability, etc. has been notified to the Commissioner General of the National Police Agency pursuant to Article 89 of the Act.
(2) Where a case falling under paragraph (1) 1 is involved, the determination as to whether one passes an occasional aptitude test under Article 82 (1) 2 through 5 of the Act shall be made after hearing the opinion of a physician who conducts a close examination (referring to a physician commissioned by the Road Traffic Authority for conducting close examinations of the aptitude for driving in various aspects; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 22590, Dec. 31, 2010>
(3) Allowances may be paid to a physician for the close examination under paragraph (2) within budgetary limits.
(4) A person, who is required to take an occasional aptitude test pursuant to paragraph (1), shall take the test within three months from the date set by the Road Traffic Authority. <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
(5) The Road Traffic Authority shall notify a person required to take an occasional aptitude test of such fact by registered mail or other means as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 22590, Dec. 31, 2010>
(6) A person, who is required to take an occasional aptitude test pursuant to Article 88 (1) of the Act, shall submit an application prescribed by Ordinance of the Ministry of Public Administration and Security to the Road Traffic Authority within the period in which the occasional aptitude test is administered under paragraph (4). <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 22590, Dec. 31, 2010>
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 Article 57 (Postponement, etc. of Occasional Aptitude Tests)   print
(1) A person who is required to take an occasional aptitude test under Article 88 (1) of the Act, but is unable to take such test within a time period set for the test due to any of the following causes or events, shall submit, to the Road Traffic Authority, an application to either take the test earlier than the time period set for the test or to postpone the test, along with a document evidencing such event or cause for postponement attached thereto, as prescribed by Ordinance of the Ministry of Public Administration and Security: <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 22590, Dec. 31, 2010>
1. When he/she resides abroad or suffers a disaster or calamity during the period of occasional aptitude tests;
2. When he/she is made immobile due to a disease or injury;
3. When he/she is deprived of personal freedom and is detained or confined in custody pursuant to Acts and subordinate statutes;
4. When he/she is in military service (including substitute service as a guard in a correctional facility, a combat police officer, or a compulsory fire-fighter pursuant to the Military Service Act), or when any other reasonable grounds exist generally acceptable to ordinary people in society.
(2) The Road Traffic Authority shall either conduct an occasional aptitude test earlier than the prescribed time period, or postpone the test only once, if the reason for the application filed under paragraph (1) is considered reasonable. <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
(3) A person who has an occasional aptitude test postponed pursuant to paragraph (2) shall take the test within three months from the date such cause or event terminates.
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 Article 58 (Notification, etc. of Personal Information Pertaining to Occasional Aptitude Tests)   print
(1) "Head of an agency that is prescribed by Presidential Decree", who shall notify personal information pertaining to the postnatal physical disability, etc. of a person who is required to take an occasional aptitude test pursuant to Article 89 (1) of the Act, means any of the following persons: <Amended by Presidential Decree No. 20835, Jun. 20, 2008; Presidential Decree No. 21077, Oct. 8, 2008; Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 23350, Dec. 6, 2011; Presidential Decree No. 23805, May 23, 2012>
1. The Administrator of the Military Manpower Administration;
2. The Minister of Health and Welfare;
3. A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply);
4. The Chief of Naval Operations, the Chief of Staff of the Air Force, an army commander of the Army, and the Commander of the Armed Forces Medical Command;
5. The President of the Korea Workers' Compensation and Welfare Service;
6. The head of an institution responsible for computing insurance premium rates;
7. The president of a mutual-aid cooperative established under Article 51-2 of the Trucking Transport Business Act or Article 61 of the Passenger Transport Service Act;
8. The head of the Institute of Forensic Psychiatry Ministry of Justice.
9. The Chairperson of the National Pension Service under the National Pension Act.
(2) Details of personal information, which shall be notified to the Commissioner General of the National Police Agency pursuant to Article 89 (2) of the Act by a person set forth in any subparagraph of paragraph (1), shall be as provided for in attached Table 4.
(3) Any person set forth in any subparagraph of paragraph (1) shall furnish personal information under paragraph (2) to the Commissioner General of the National Police Agency at least once a quarter each year, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 59 (Grounds for Exceptions to Revocation of Student Licenses)   print
" Cases prescribed by Presidential Decree including a case where no cause is attributable to the principal" in the proviso to Article 93 (3) of the Act means any of the following cases: <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
1. Where an examinee causes a traffic accident while driving a vehicle under the instruction of a person in charge of on-road driving tests by the Road Traffic Authority, an instructor of a driving school, or an instructor or a skill examiner of a specialized driving school;
2. Where an examinee causes a traffic accident at a place other than a road;
3. Where an examinee causes a traffic accident, resulting in damage only to property.
CHAPTER VIII DRIVING SCHOOLS
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 Article 60 (Registration of Driving Schools)   print
(1) A person who intends to establish and run a driving school pursuant to Article 99 of the Act (hereinafter referred to as "driving school"), shall submit to the commissioner of a competent district police agency a registration application containing the following descriptions, along with documents stating the principles in operation, etc. of the driving school and documents prescribed by Ordinance of the Ministry of Public Administration and Security attached thereto: <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 21844, Nov. 23, 2009>
1. Personal data on the founder and operator (in the case of a legal person, referring to executives of such legal person, and in the case of the joint establishment and operation, referring to both the founder and operator; hereinafter the same shall apply);
2. Facilities and equipment;
3. Names, fixed numbers, and details of assignments of instructors;
4. Curriculum;
5. Planned date of establishment.
(2) The principles in operation, etc. of the driving school under paragraph (1) shall include the following matters:
1. Objectives, name and location of the driving school;
2. Prescribed number of students by education courses;
3. Curriculum and class hours;
4. Matters concerning admission and discharge of students;
5. Education period and recess;
6. Recognition of completion of education courses;
7. Tuition fees and usage charges.
(3) In filing for the registration under Article 99 of the Act, no driving school shall register part of its education courses separately among the education of classroom subjects, education for learning skills necessary for driving motor vehicles, etc. (hereinafter referred to as "skill training"), and training for learning skills for driving on the road (hereinafter referred to as "on-road training").
(4) The commissioner of a competent district police agency shall, upon receiving an application for registration of a driving school under paragraph (1), accept such registration, if the details thereof satisfy standards for facilities, equipment, etc. set forth in Article 63 (1).
(5) The commissioner of a competent district police agency shall, when accepting the registration of a driving school under paragraph (4), issue a registration certificate as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 61 (Revised Registration)   print
(1) Where any change occurs in matters registered by a person who has established and runs a driving school pursuant to the latter part of Article 99 of the Act, matters subject to revised registration shall be as follows: <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
1. A change in the founder and operator;
2. A change in its name or location;
3. A change in facilities, equipment, etc. (limited to a change in classrooms, resting area, infirmary, skill training area, or motor vehicles for training under subparagraph 1, 6, 7, or 9 of attached Table 5);
4. A change in the principles in operation, etc. of the driving school.
(2) As to procedures for revision to the registration under the latter part of Article 99 of the Act, Article 60 shall apply mutatis mutandis.
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 Article 62 (Conditional Registration)   print
(1) A person, who intends to apply for conditional registration of a driving school in accordance with Article 100 of the Act, shall submit to the commissioner of the competent district police agency an application for conditional registration with the descriptions specified in the subparagraphs of Article 60 (1), along with a document stating the principles in operation, etc. of the driving school in accordance with Article 60 (2) and documents prescribed by Ordinance of the Ministry of Public Administration and Security attached thereto. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(2) The commissioner of a competent district police agency may, upon receiving an application for conditional registration of a driving school in accordance with paragraph (1), accept such registration on condition that it shall have the facilities, equipment, etc. within one year, if it is found that the driving school is able to satisfy standards for the facilities, equipment, etc. set forth in Article 63 (1). In such cases, the commissioner of the competent district police agency may extend the time period only once within the extent of six months, if it is found that the driving school is unable to prepare the facilities, equipment, etc. within one year due to extenuating circumstances.
(3) A person who has completed the conditional registration of his/her driving school, shall prepare the facilities, equipment, etc. within the time period prescribed in accordance with paragraph (2), and shall submit to the commissioner of the competent district police agency a report on completion of the facilities and equipment, along with documents prescribed by Ordinance of the Ministry of Public Administration and Security attached thereto within ten days after expiration of the time period so prescribed. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(4) The commissioner of the competent district police agency shall, upon receiving documents set forth in paragraph (3), confirm as to whether the facilities, equipment, etc. have been prepared, and shall issue a registration certificate as prescribed by Ordinance of the Ministry of Public Administration and Security, if they conform to standards for registration. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 63 (Standards for Facilities, Equipment, etc. of Driving Schools)   print
(1) Standards for facilities, equipment, etc. of driving schools under Article 101 of the Act shall be as provided for in attached Table5.
(2) The motor vehicles, etc. for skill training (hereinafter referred to as "skill training vehicles") at the area for skill training (hereinafter referred to as "skill training area") and the motor vehicles for road training (hereinafter referred to as "road training vehicles") shall have the structure that meets standards prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(3) Any road training vehicle shall post a sign, such as a sign of road training, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(4) The types, shapes, and structures of the courses in skill training areas, and the standards of road for conducting road training shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 64 (Qualifications, etc. for Instructors of Driving Schools)   print
(1) The qualifications for instructors of driving schools under Article 103 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
1. An instructor of classroom subjects shall satisfy any of the following qualifications:
(a) A person of 20 years or older, who has obtained a driver's license (excluding Class II driver's license for small motor vehicle and a license for motorcycle), and has career experience of one or more year, engaging in work relating to road traffic or a job in a driving school or specialized driving school under Article 104 of the Act;
(b) Deleted; <by Presidential Decree No. 21844, Nov. 23, 2009>
(c) A person who holds a certificate of qualification for an instructor of classroom subjects under Article 106 (2) of the Act;
2. An instructor of skill training shall satisfy any of the following qualifications:
(a) A person of 20 years or older, and who has held a driver's license for the vehicle used in skill training for two or more years;
(b) A person who holds a certificate of qualification for an instructor of skill training under Article 106 (2) of the Act.
(2) The standards of the prescribed number of instructors and their assignments in a driving school under Article 103 (1) of the Act shall be as follows. In such cases, motor vehicles for reserve in preparation for troubles shall be excluded in motor vehicles for education, etc.: <Amended by Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 22910, Apr. 30, 2011>
1. Instructors for education of school subjects: One or more instructor per one classroom;
2. Instructors for skill training:
(a) Class I driver's licenses for large vehicles, Class I student licenses for ordinary vehicles, or Class II student licenses for ordinary vehicles: Three or more instructors per ten motor vehicles for education respectively: Provided, That at least one instructor where the number of vehicles for education for Class I student licenses for ordinary vehicles or Class II student licenses for ordinary vehicles is less than ten respectively ;
(b) Driver's licenses for wreckers or driver's licenses for trailer among Class I driver's licenses for special vehicles: One or more instructor per two motor vehicles for education, respectively;
(c) Class II driver's licenses for small vehicles and driver's licenses for motorcycle: One or more instructor per ten vehicles, such as motor vehicles for education, etc.;
3. Instructor for education of road driving skills: One or more instructor per one motor vehicle for education;
(3) Every person who has established and runs a driving school shall secure the prescribed number of instructors under paragraph (2), and shall fill any vacancy without delay, whenever any vacancy arises for an instructor.
(4) Every instructor of a driving school (including a specialized driving school pursuant to Article 104 of the Act) shall observe the following provisions: <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
1. He/she shall maintain his/her dignity as an educator and teach students earnestly;
2. He/she shall never arrange, incite, or help anybody to obtain a driver's license by false or fraudulent means;
3. He/she shall never receive money, goods, entertainment, or any other unfair benefit in connection with his/her driving education;
4. He/she shall never enter a false record of attendance for a student;
5. He/she shall complete training programs under Article 70 (1) ;
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 Article 64 (Qualifications, etc. for Instructors of Driving Schools)   print
(1) Qualifications for instructors of driving schools under Article 103 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 23350, Dec. 6, 2011>
1. An instructor of classroom subjects shall be a person who is issued with a certificate of qualification for an instructor of classroom subjects pursuant to Article 106 (2) of the Acts;
2. An instructor of skill training shall be a person who is issued with a certificate of qualification for an instructor of skill training pursuant to Article 106 (2) of the Act.
(2) Standards for the prescribed number of instructors and their assignments in a driving school under Article 103 (1) of the Act shall be as follows. In such cases, motor vehicles for reserve in preparation for troubles shall be excluded in motor vehicles for education, etc.: <Amended by Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 22910, Apr. 30, 2011>
1. Instructors for education of school subjects: One or more instructor per one classroom;
2. Instructors for skill training:
(a) Class I driver's licenses for large vehicles, Class I student licenses for ordinary vehicles, or Class II student licenses for ordinary vehicles: Three or more instructors per ten motor vehicles for education respectively: Provided, That at least one instructor where the number of vehicles for education for Class I student licenses for ordinary vehicles or Class II student licenses for ordinary vehicles is less than ten respectively ;
(b) Driver's licenses for wreckers or driver's licenses for trailer among Class I driver's licenses for special vehicles: One or more instructor per two motor vehicles for education, respectively;
(c) Class II driver's licenses for small vehicles and driver's licenses for motorcycle: One or more instructor per ten vehicles, such as motor vehicles for education, etc.;
3. Instructor for education of road driving skills: One or more instructor per one motor vehicle for education;
(3) Every person who has established and runs a driving school shall secure the prescribed number of instructors under paragraph (2), and shall fill any vacancy without delay, whenever any vacancy arises for an instructor.
(4) Every instructor of a driving school (including a specialized driving school pursuant to Article 104 of the Act) shall observe the following provisions: <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
1. He/she shall maintain his/her dignity as an educator and teach students earnestly;
2. He/she shall never arrange, incite, or help a third party to obtain a driver's license by false or fraudulent means;
3. He/she shall never receive money, goods, entertainment, or any other unfair benefit in connection with his/her driving education;
4. He/she shall never enter a false record of attendance for a student;
5. He/she shall complete training programs under Article 70 (1) ;
6. He/she shall adhere to instructions given by the commissioner of the competent district police agency in connection with education for driving motor vehicles.
[Enforcement Date; Mar. 1, 2013]
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 Article 65 (Curriculum, etc. of Driving Schools)   print
(1) The curriculum, education methods, and operating standards of driving schools under Article 103 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 22910, Apr. 30, 2011>
1. Curriculum:
Education shall be provided by separating the education of classroom subjects, skill training, and on-road training;
2. Education methods:
(a) The education under subparagraph 1 shall be given for at least the minimum hours prescribed by Ordinance of the Ministry of Public Administration and Security separately for each class of driver's license, but the education hours for classroom subjects for each student shall not exceed seven hours a day, while those for skill training or road training shall not exceed four hours a day;
(b) The road training among education programs under subparagraph 1 shall be provided on the road that meets standards set forth in Article 63 (4);
3. Operating Standards:
(a) The education shall be conducted for the students within the extent of the fixed number prescribed by Ordinance of the Ministry of Public Administration and Security;
(b) No office, etc. shall be operated separately outside of a driving school to solicit students ;
(c) No driving school shall indicate or advertise information which may cause students to make a mistake on the location of a driving school, contact details, and training session;
(d) No driving school shall induce students who have not completed the whole training session to apply for a driver's license.
(2) Matters necessary for education methods and operating standards, including the subjects and sequence of education courses, shall be prescribed by Ordinance of the Ministry of Public Administration and Security, in addition to matters provided for in paragraph (1). <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 66 (Designation of Specialized Driving Schools)   print
A person who intends to be designated as a specialized driving school under Article 104 (1) of the Act, shall have the facilities, equipment, etc. specified in Article 67 (2) and (3), and shall file an application for designation of a specialized driving school with the commissioner of a competent district police agency, along with a document stating the principles in operation, etc. of the driving school in accordance with Article 60 (2), as prescribed by Ordinance of the Ministry of Public Administration and Security. The commissioner of the competent district police agency shall in return designate the driving school as a specialized driving school, if the commissioner recognizes that the driving school meets standards for designation of a specialized driving school under Article 67. <Amended by Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 21844, Nov. 23, 2009; Presidential Decree No. 23350, Dec. 6, 2011>
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 Article 67 (Designation Standards for Specialized Driving Schools)   print
(1) Standards for assignment of instructors and skill examiners of a specialized driving school under Article 104 (1) 2 of the Act shall be as follows. In such cases, motor vehicles for reserve in preparation for troubles shall be excluded from motor vehicles for education, etc.: <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
1. Instructors for education of school subjects: One or more instructor per eight-hour education of school subjects a day;
2. Instructors for skill training:
(a) Class I driver's licenses for large vehicles: Three or more instructors per ten motor vehicles for education;
(b) Class I student licenses for ordinary vehicles, or Class II student licenses for ordinary vehicles: Five or more instructors per ten motor vehicles for education, respectively;
(c) Driver's licenses for wreckers or driver's licenses for trailer among Class I driver's licenses for special vehicles: One or more instructor per two motor vehicles for education, respectively;
(d) Class II driver's licenses for small vehicles and driver's licenses for motorcycle: One or more instructor per ten vehicles, such as motor vehicles for education, etc.;
3. Instructors for skill training of road driving: One or more instructor per one motor vehicle for education;
4. Skill examiners: One or more skill examiner per 200 students.
(2) Standards for the facilities, equipment, etc. of a specialized driving school under Article 104 (1) 3 of the Act shall be as provided for in attached Table 5.
(3) Article 63 (2) through (4) shall apply mutatis mutandis to standards for vehicles for education in specialized driving schools, the signs of vehicles for road training, types, shapes, and structures of the courses in the skill training area, and the road on which the road training (including the road driving examination) is to be conducted.
(4) Operating standards for a specialized driving school under Article 104 (1) 4 of the Act including education methods shall be as follows: <Amended by Presidential Decree No. 23350, Dec. 6, 2011>
1. The school shall conduct its education courses in compliance with the curriculum, education methods, and operating standards under Article 65;
2. The school shall ensure that each of the education courses of classroom subjects, skill training, and road training is completed within three months, respectively.
(5) As to the abilities of graduates to drive motor vehicles under Article 104 (1) 4 of the Act, the pass rates of on-road driving tests of the students who have completed education courses of a specialized driving school shall be no less than 70 percent for six months from the date of designation of a specialized driving school. <Amended by Presidential Decree No. 23350, Dec. 6, 2011>.
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 Article 68 (Approval for Change in Important Matters of Specialized Driving Schools)   print
Important matters, for which a specialized driving school shall obtain approval from the commissioner of a competent district policy agency with regard to change, alteration, or revision pursuant to Article 104 (3) of the Act, shall be as follows:
1. Replacement of the school superintendent;
2. Change of the name or location of the school;
3. Alteration of the facilities, equipment, etc. (limited to alteration or replacement of classrooms, resting area, infirmary, skill training areas, or motor vehicles for training under subparagraph 1, 6, 7, or 9 in attached Table 5);
4. Revision to the principles in operation, etc. of the school.
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 Article 69 (Methods of Skill Examinations, etc.)   print
(1) The examination of driving skills under Article 83 (1) 4 of the Act pursuant to Article 108 (1) of the Act (hereinafter referred to as "internal skill examination") shall be conducted for those who have completed the courses of classroom subjects and skill training in a specialized driving school, and shall be conducted by a skill examiner in the skill training area of the school with a vehicle for skill training in compliance with the standards of the test set forth in Article 48 for each class of driver's license.
(2) The examination of driving skills on the road under Article 83 (2) of the Act pursuant to Article 108(1) of the Act (hereinafter referred to as "road driving skill examination") shall be conducted by a skill examiner on the road specified in Article 67 (3) with a vehicle for training of road driving for each class of driver's license in compliance with the standards of the test set forth in Article 49 (1).
(3) The internal skill examination shall be conducted for those who are not disqualified for a driver's license under Article 82 of the Act and have completed the whole education of school subjects and skill training within six months before the date of the internal skill examination, while the road driving skills examination shall be conducted for those who have finished the training course of road driving and whose student license has not yet expired. <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
(4) A student who has failed to pass either the internal skill examination or the road driving skill examination shall not be allowed to take the skill examination, unless three days have passed from the date he/she fails to pass the internal skill examination or the road driving examination. <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
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 Article 70 (Training Programs for Instructors, etc.)   print
(1) When deemed necessary due to an amendment to an Act and subordinate statute governing road traffic or on any other occasion pursuant to Article 109 (1) of the Act, the commissioner of each district police agency may, conduct a training program for persons who have established and run a driving school or a specialized driving school (hereinafter referred to as "driving school, etc"), instructors, or skill examiners.
(2) A person who has established and run a driving school, etc. shall provide expenses, supplies, etc. necessary for training programs conducted for instructors and skill examiners in accordance with paragraph (1).
(3) The commissioner of each district police agency may conduct an examination on matters learned through training programs under paragraph (1), and notify a person who has established and runs a driving school, etc., for which the instructors and skill examiners work, of the results thereof.
(4) Matters, other than those provided for in this Decree concerning the training program under paragraph (1), shall be prescribed by the Commissioner General of the National Police Agency.
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 Article 70-2 (Adjustment of Tuition Fees, etc.)   print
(1) Pursuant to Article 110 (4) of the Act, the commissioner of each district police agency may recommend a person who has founded and runs a driving school, etc. to adjust tuition fees, etc., if the education of the driving school is considered likely to become unreliable because the person who has founded and runs the driving school, etc. receives tuition fees, etc. below the cost required for the education of driving, the skills examination, etc. without justifiable grounds, and may order an adjustment of the tuition fees, etc., subject to deliberation of the Committee on Adjustment of Tuition Fees, if the person does not honor such recommendation.
(2) The commissioner of each district police agency may, pursuant to Article 141 (2) of the Act, require a person who has founded and runs a driving school, etc. to submit data about computation of tuition fees, etc. including the cost breakdown, if necessary for executing affairs pertaining to the adjustment under paragraph (1).
(3) Matters necessary for organization and management of the Committee on Adjustment of Tuition Fees under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 20038, Apr. 27, 2007]
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 Article 71 (Refund of Tuition Fees, etc. by Driving Schools, etc.)   print
(1) A person who has established and runs a driving school, etc. shall, whenever he/she intends to transfer a student to another driving school, etc. in accordance with Article 111 (1) of the Act, issue a certificate of completion of an education course, as prescribed by Ordinance of the Ministry of Public Administration and Security, to certify the fact that the student has received the education, while he/she shall accept a student transferred within the extent not exceeding the prescribed number of students upon receiving a request from another driving school, etc. to accept the transfer of a student. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(2) The grounds on which the tuition fees of a driving school, etc. under Article 111 (2) of the Act, and the expenses, use charge, etc. required for the skill examination under Article 108 of the Act (hereinafter referred to as "tuition fees, etc") shall be refunded and the amounts to be refunded shall be as follows: <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
1. Before commencement of the education course: The full amount of the tuition fees, etc. already paid;
2. After commencement of the education course:
(a) An amount calculated by multiplying the tuition fees, etc. already paid by the ratio of the remaining class hours to total class hours, if it is impossible to continue the education course due to a cause ascribable to the driving school, etc., such as being subjected to suspension of operation;
(b) An amount calculated by multiplying the school fee paid by the ratio of the remaining class hours to total class hours, where education is impossible because of a disease or injury of a student, or the student is unable to continue to attend his/her class (limited to cases where he/she has not obtained a driver's license) by unavoidable reasons, such as detention of the body in custody, etc. pursuant to Acts and subordinate statutes;
(c) An amount equivalent to one half of the amount calculated by multiplying the school fee paid by the ratio of the remaining class hours to total class hours, where a student is unable to continue to attend his/her class (limited to cases where he/she has not obtained a driver's license) by unavoidable reasons attributable to him/her, such as his/her abandonment of a class, etc.
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 Article 72 (Guidance, Supervision, etc. of Federation of Specialized Driving Schools)   print
(1) When considered necessary for guidance and supervision of a federation of specialized driving schools (hereinafter referred to as the "Federation") pursuant to Article 119 (6) of the Act, the Commissioner General of the National Police Agency may require the Federation to submit a business plan or a report on the business performance, or assign a public official under his/her control to inspect the accounting books, documents, etc. of the Federation.
(2) The Commissioner General of the National Police Agency may disclose the information about the scale, management status, educational conditions, and performance of specialized driving schools, and other information helpful in inspecting the educational achievements of specialized driving schools, which have been collected and controlled by the Federation, in order to provide students with information about the education of driving conducted by specialized driving schools.
CHAPTER IX ROAD TRAFFIC AUTHORITY
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 Article 73 (Mandatory Details in Registration of Establishment)   print
The mandatory details in the registration of the establishment of the Road Traffic Authority (hereinafter referred to as the "Authority") under Article 120 of the Act shall be as follows: <Amended by Presidential Decree No. 20835, Jun. 20, 2008>
1. Purpose;
2. Name;
3. Address of the principal office;
4. Names and addresses of executives;
5. Matters pertaining to assets;
6. Method of public notice.
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 Article 74 (Registration of Establishment of Branches, etc.)   print
(1) The Authority shall register the establishment of its branch, research institute, traffic accident analysis center, traffic broadcasting station and driver's license examination area (hereinafter referred to as "branch, etc") in accordance with the following manners, whenever such branch, etc. is established pursuant to Article 121 of the Act: <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
1. It shall register the name and address of a newly established branch, etc. within 14 days with the competent registry having jurisdiction over the locality of the Authority: Provided, That the branches, etc. established simultaneously at the time of the establishment of the Authority shall be registered simultaneously at the time the establishment of the Authority is registered;
2. It shall register the descriptions set forth in the subparagraphs of Article 73 within 21 days with the competent registry having jurisdiction over the locality of a newly established branch, etc.;
3. It shall register the name and address of a newly established branch, etc. within 21 days with the competent registry having jurisdiction over the locality of an existing branch, etc. already established.
(2) When a branch, etc. is newly established within the jurisdiction of a registry having jurisdiction over the locality of the Authority, a branch, etc., only the name and the locality of such new branch, etc. shall be registered within the time period prescribed in the subparagraphs of paragraph (1).
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 Article 75 (Registration of Change of Address)   print
(1) When the Authority or one of its branches, etc. relocates its office to another location, it shall register such change of address within 14 days with the registry having jurisdiction over the old locality, and register the descriptions set forth in subparagraphs of Article 73 within 21 days with the registry having jurisdiction over the new locality.
(2) When relocating one of its offices to a place within an area over which an identical registry has jurisdiction, only the change of address shall be registered within 14 days.
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 Article 76 (Registration of Revision)   print
If any description under subparagraphs of Article 73 is altered, revised, or amended, such alteration, revision, or amendment shall be registered within 14 days with the registry having jurisdiction over the locality of the Authority, and within 21 days with the registry having jurisdiction over the locality of each of its branches, etc.
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 Article 77 (Documents Accompanying Application for Registration)   print
An application for registration under Articles 73 through 76 shall be accompanied by the documents specified separately in the following subparagraphs:
1. For the registration of establishment under Article 73: The articles of association, and documents concerning the matters of assets and certifying the qualifications of executive officers;
2. For the registration of establishment of a branch, etc. under Article 74: Documents certifying the establishment of the branch, etc.;
3. For the registration of change of address under Article 75: Documents certifying the change of address of the office;
4. For the registration of alteration, revision, or amendment under Article 76: Documents certifying the alteration, revision, or amendment.
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 Article 78 (Beginning of Time Period for Registration)   print
Where authorization or approval from the Commissioner General of the National Police Agency is required to be obtained for any details that shall be mandatorily registered in compliance with the provisions of this Chapter, the time period for such registration shall begin to run on the following day immediately after the letter of authorization or approval is delivered.
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 Article 79 (Execution of Entrusted Affairs)   print
(1) Affairs regarding road traffic safety, with which the Authority is entrusted by the State or local governments pursuant to subparagraph 13 of Article 123 of the Act, shall be as follows: <Amended by Presidential Decree No. 22590, Dec. 31, 2010>
1. Study on formulation of policies for road traffic safety;
2. Appraisal of road traffic accidents;
3. Installation and maintenance of traffic safety facilities;
4. Education and training of those engaged in road traffic safety including training of drivers;
5. Collection, analysis and furnishing of various information for the smooth flow of road traffic;
6. Operation and management of unmanned traffic regulation equipment;
7. Other affairs relating to road traffic safety.
(2) The State or a local government may, in entrusting the Authority with the affairs set forth in paragraph (1), bear expenses incurred in handling such affairs.
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 Article 79-2 (Authority's Incidental Business)   print
Cases where the Authority may operate a business for driving training (referring to in-class courses, in-car courses, and on-road driving training; hereafter the same shall apply in this Article ) as an incidental business under subparagraph 14 of Article 123 of the Act shall be as follows: <Amended by Presidential Decree No. 23350, Dec. 6, 2011>
1. Support for education on driving automobiles conducted in facilities falling under subparagraph 32 (d) through (f) of Article 2 of the Act;
2. Education on driving automobiles for any of the following persons at facilities in driving test places:
(a) A recipient of assistances under Article 2 of the National Basic Living Security Act;
(b) A person eligible for protection under Article 5 of the Single-Parent Family Support Act;
(c) Disabled persons with disability classes 1 through 3, among the disabled falling under Article 2 of the Act on Welfare of Persons with Disabilities;
(d) Persons with the rating of injury of classes 1 through 3 under Article 6-4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.
[This Article Newly Inserted by Presidential Decree No. 22590, Dec. 31, 2010]
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 Article 80 (Grant of Contributions, etc.)   print
(1) When the Government intends to grant contributions to the Authority pursuant to Article 130 (1) 1 of the Act, the Commissioner General of the National Police Agency shall appropriate them in advance in the budget for such grant.
(2) The Commissioner General of the National Police Agency shall, when the budget for the contribution under paragraph (1) is finally set, notify the Authority thereof.
(3) When the Authority seeks to have contribution granted pursuant to paragraph (1), it shall submit to the Commissioner General of the National Police Agency an application for grant of contributions along with a business plan and a budget execution plan.
(4) Upon receiving an application under paragraph (3), the Commissioner General of the National Police Agency shall, if he/she concludes that a business plan and a budget execution plan are reasonable, grant the contribution according to such plans.
(5) The methods of contributing or donating to the Authority by a local government or any other person may be determined by an agreement between the contributor or donator and the Commissioner General of the National Police Agency.
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 Article 81 (Application for Approval for Loan, etc.)   print
(1) A subsidy or a loan under Article 130 (1) 4 of the Act may be expended only for activities specified in Article 123 of the Act. In such cases, the Authority shall submit to the Commissioner General of the National Policy Agency, the budget execution plan for such subsidy or loan funds to obtain approval therefor.
(2) The Authority shall, when it intends to borrow a loan to appropriate it for its fund pursuant to Article 130 (1) 4 of the Act, submit an approval application with the following details therein to the Commissioner General of the National Police Agency for approval:
1. Reasons for borrowing the loan and the details of the lender;
2. Amount, terms and conditions of the loan;
3. Methods and maturity for repayment of the loan;
4. Business plans stating the purpose of, and procedures for, using the funds borrowed;
5. Other matters necessary for borrowing and repayment of the loan.
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 Article 82 (Investment, etc.)   print
The Authority shall, when it intends to make an investment or contribution pursuant to Article 131 of the Act, submit to the Commissioner General of the National Police Agency an approval application with the following details included therein for approval:
1. Why the investment or contribution is required;
2. The kind of property and amount to be invested or contributed;
3. Business plan;
4. Other matters necessary for investment or contribution.
CHAPTER X SUPPLEMENTARY PROVISIONS
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 Article 83 (Disposition of Persons in Contempt of Summons)   print
(1) A person upon receipt of a summons to appear in court under Article 138 (1) of the Act, shall make an appearance in person within ten days.
(2) As to a person who fails to make an appearance within a prescribed time period after receiving a summons and becomes subject to summary trial under Article 2 of the Act on the Proceedings for Summary Judgments (hereafter referred to as a "person in contempt of summons" in this Article ), the chief of a police station shall dispatch a notice of demand for appearance of summary trial with information about date, time, venue to make such appearance for summary trial, within 30 days after the expiration of the time period previously prescribed for appearance. In such cases, a date designated for appearance for summary trial shall not be more than 40 days after expiration of the time period previously prescribed for appearance.
(3) If it is impracticable to hold a summary trial because of the failure of a person in contempt of summons to appear for the summary trial on a designated date, the chief of a police station shall, without delay, reissue a peremptory notice of demand for appearance for summary trial with the information about date, time, venue, etc. to make such appearance for summary trial. In such cases, the date designated for appearance for summary trial shall not be more than 60 days after expiration of the time period previously prescribed for appearance unless extenuating circumstances exist, including a case where it is impracticable to hold the summary trial due to the conditions of a court.
(4) If it is impracticable to proceed with the summary trial any further because of the failure of a person in contempt of summons to appear even after dispatching a peremptory notice of demand for appearance for summary trial under paragraph (3), the commissioner of each district policy agency may temporarily suspend the driver's license held by the person in contempt of summons pursuant to Article 93 of the Act.
(5) Other matters necessary for bringing up persons in contempt of summons before summary trial of court shall be prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 84 (Determination of Tuition Fees)   print
In determining tuition fees in accordance with Article 140 of the Act, educational institutes for traffic safety and the Authority shall consider the hours of education, methods of providing education, etc.: Provided, That where they provide traffic safety education pursuant to Article 73 (1) of the Act by audio-visual education only, they shall not receive tuition fees. <Amended by Presidential Decree No. 21844, Nov. 23, 2009>
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 Article 85 (Cooperation in Handling Affairs including Notice of Violations)   print
(1) The chief of a police station, who has discovered a violation of the Passenger Transport Service Act, the Trucking Transport Business Act, or any order issued pursuant to any of the said Acts, including the rejection of a passenger from boarding, charging unreasonable fare on a passenger, urging a passenger to pool a car, or misusing a vehicle registered for personal use for any commercial purpose, shall notify the competent authority thereof.
(2) The commissioner of each district police agency shall, when intending to install a signal apparatus on a four-lane or wider road managed by the Minister of Land, Transport and Maritime Affairs in accordance with Article 86 (1) 1, hear the opinion of the administrator of the competent regional construction and management administration in advance on whether a place where the signal apparatus is to be installed is appropriate and whether a work for improvement of any road facility shall be executed simultaneously. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
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 Article 86 (Delegation or Entrustment of Authority)   print
(1) Pursuant to Article 147 (1) of the Act, a Special Metropolitan City Mayor and each Metropolitan City Mayor shall delegate their authority specified in the following subparagraphs to the commissioner of each competent district police agency respectively, and the head of each Si/Gun shall also entrust the chief of each competent police station with the authority specified in the following subparagraphs: Provided, That if considered necessary for the establishment of a wide regional traffic signal system, the heads of relevant Si/Gun may jointly entrust their authority under subparagraph 1 to the commissioner of a competent district police agency by mutual agreement: <Amended by Presidential Decree No. 20038, Apr. 27, 2007>
1. Authority to install and control traffic safety facilities under Article 3 (1) of the Act;
2. Authority to issue instructions to managers of toll roads under the proviso to Article 3 (1) of the Act;
3. and 4. Deleted. <by Presidential Decree No. 22590, Dec. 31, 2010>
(2) Pursuant to Article 147 (2) of the Act, a Special Metropolitan City Mayor and each Metropolitan City Mayor shall delegate their authority specified in the following subparagraphs to the head of each Gu/Gun: <Amended by Presidential Decree No. 20835, Jun. 20, 2008; Presidential Decree No. 23805, May 23, 2012>
1. Authority to appoint and dismiss public officials (limited to public officials who work for each Gu/Gun) in charge of the control under Article 12, and to take measures against vehicles violating parking or standing regulations under Article 35 of the Act;
2. Authority pertaining to vicarious services of towing and keeping vehicles in custody pursuant to Article 36 (1) of the Act, and authority for action and education relating to towing and keeping vehicles in custody pursuant to paragraph (3) of the same Article ;
3. Authority to impose and collect fines for negligence pursuant to Article 161 (1) 3 of the Act (limited to violations falling under any of Article 29 (4), (5) or 32 through 34 of the Act).
(3) Pursuant to Article 147 (3) of the Act, the commissioner of each district police agency shall delegate the authority specified in the following subparagraphs to the chief of each competent police station: <Amended by Presidential Decree No. 21206, Dec. 31, 2008; Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23350, Dec. 6, 2011>
1. Deleted; <by Presidential Decree No. 23350, Dec. 6, 2011>
2. Driver's license tests under the proviso to the part other than each subparagraph of Article 83 (1) of the Act;
3. Issuing a temporary driver's license under Article 91 (1) 3 of the Act;
4. Suspending the validity of a driver's license under Article 93 of the Act;
5. Providing a prior notice of a disposition to revoke a driver's license under Article 93 (4) of the Act;
6. Prohibiting a person from driving a motor vehicle, etc. under Article 97 of the Act;
7. Sentencing a person with a suspension of qualification under Articles 106 (4) 6 and 107 (4) 7 of the Act;
8. Imposing and collecting fines for negligence (excluding fines for negligence under Article 160 (1) of the Act) under Article 161 of the Act.
(4) The commissioner of each district police agency shall, pursuant to Article 147 (3) of the Act, entrust the affairs of education and training under Articles 76 (5) and 109 (1) of the Act to the Authority.
(5) The affairs that the commissioner of a district police agency or the Commissioner General of the National Police Agency may assign to the Road Traffic Authority to perform on his/her behalf pursuant to Article 147 (5) and (6) of the Act shall be as follows: Provided, That in cases under subparagraph 2, driver's license tests for motorcycles conducted by the head of the competent police station pursuant to paragraph (3) 2 shall be excluded herefrom: <Amended by Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23350, Dec. 6, 2011>
1. Deleted. <by Presidential Decree No. 22590, Dec. 31, 2010>
2. Issuing drivers' licenses pursuant to Article 85 (2) of the Act;
3. Reissuing drivers' licenses pursuant to Article 86 of the Act;
4. Renewing and replacing drivers' licenses;
5. Deleted. <by Presidential Decree No. 22590, Dec. 31, 2010>
6. Accepting a returned driver's license pursuant to Article 95 (1) 3 or 4 of the Act;
7. Receiving applications for international drivers' licenses and issuing such licenses pursuant to Article 98 of the Act;
8. Issuing certificates of driving instructors under Article 106 (2) of the Act and certificates of qualifications for technical examiners under Article 107 (2) of the Act.
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 Article 87 (Special Exceptions to Parking Regulations with Delegated Authority)   print
(1) Notwithstanding the provisions of Article 86 (2) 1, a Special Metropolitan City Mayor and Metropolitan City Mayor may take necessary measures under Article 35 of the Act by themselves against vehicles violating parking regulations for smooth traffic flow and safety.
(2) A Special Metropolitan City Mayor or a Metropolitan City Mayor, who has discovered or detected a vehicle violating parking regulations pursuant to paragraph (1), shall attach a sign saying "vehicle subject to fines for negligence" (including a sign saying "vehicle subject to fines for negligence or penalty and towing" pursuant to Article 13 (1) ; hereinafter the same shall apply) to the vehicle, as prescribed by Ordinance of the Ministry of Public Administration and Security, and shall notify the head of the Gu/Gun having jurisdiction over a place where such violation occurred, with evidentiary materials, including photographs, videotapes, or any other visual recording medium of the violating vehicles with the sign attached thereto (hereinafter referred to as "photographic evidence"), or photographs of the violating vehicle taken by an unmanned monitoring device, and a document that describes a place where the violation occurred, the details of the violation, the license plate number of the vehicle, etc. <Amended by Presidential Decree No. 20692, Feb. 29, 2008>
(3) Article 88 (1) and (2) shall apply mutatis mutandis to entries in the control record and preservation of evidentiary materials by a Special Metropolitan City Mayor or a Metropolitan City Mayor. <Amended by Presidential Decree No. 20835, Jun. 20, 2008>
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 Article 87-2 (Special Exceptions to Parking Regulations by Do Governors)   print
(1) Where a Do Governor has discovered or detected a parking violation pursuant to Article 35 (1) of the Act, he/she shall attach a sign saying "vehicle subject to fines for negligence" to the vehicle, as prescribed by Ordinance of the Ministry of Public Administration and Security, and shall notify the head of a Si/Gun having jurisdiction over a place where such violation occurred of evidentiary materials such as photographic evidence including the photos of the violating vehicles with the sign attached thereto or photos of the violating vehicle taken by unmanned traffic regulation equipment, and a document stating a place where the violation occurred, the details of the violation, the license plate number of the vehicle, etc.
(2) Article 88 (1) and (2) shall apply mutatis mutandis to entries of regulation records and preservation of evidentiary materials by a Do Governor. In such cases, "commissioner of a district police agency or the Mayor, etc" in Article 88 (1) and "the Mayor, etc" in paragraph (2) of the same Article shall be construed as "Do Governor". <Amended by Presidential Decree No. 23805, May 23, 2012>
[This Article Newly Inserted by Presidential Decree No. 22590, Dec. 31, 2010]
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 Article 87-3 (Management of Sensitive Information and Unique Identifying Information)   print
(1) Where any extenuating circumstances exist in performing any of the following affairs, the Commissioner General of the National Police Agency, the commissioners of district police agencies, the chiefs of police stations, Do Governors and Mayors, etc. (including those delegated or entrusted with authority by them pursuant to Article 147 of the Act and Articles 79 and 86 of this Decree) may manage the information on health under Article 23 of the Personal Information Protection Act, information pertinent to the criminal history data under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act and data containing the resident registration numbers, passport numbers, license numbers on driver's licences or alien registration numbers under Article 19 of the same Enforcement Decree:
1. Affairs concerning the protection and elimination of dangers and obstacles occurring on roads under the Act and this Decree;
2. Affairs concerning driver's licenses and international driver's licenses under the Act and this Decree.
3. Affairs concerning selection and management of persons who assist State or autonomous police officers under Article 5 of the Act;
4. Affairs concerning towing and keeping of motor vehicles by proxy under Article 36 of the Act;
5. Affairs concerning reports on roadwork and safety measures under Article 69 of the Act;
6. Affairs concerning traffic safety education and confirmation of participation, etc. in traffic safety education under Articles 73 and 77 of the Act;
7. Affairs concerning designation of traffic safety educational institutions, reporting on suspension or discontinuance of operation, revocation of designation, etc. thereof under Articles 74, 78 and 79 of the Act;
8. Affairs concerning registration of driving schools under Article 99 of the Act and designation, etc. of specialized driving schools under Article 104 of the Act;
9. Affairs concerning examinations for qualifying as instructors and skill examiners and issuance of certificates of qualifications under Articles 106 and 107 of the Act;
10. Affairs concerning refund, etc. of tuition fees under Article 111 of the Act;
11. Affairs concerning administrative disposition, etc. taken on driving schools, etc. under Articles 112 through 115 of the Act;
12. Affairs concerning authorization for the articles of association of the Authority under Article 122 of the Act;
13. Affairs concerning establishment and operation of a data processing system under Article 137 of the Act;
14. Affairs concerning award of merit points for accident-free or meritorious drivers under Article 146 of the Act;
15. Affairs necessary in performing the affairs prescribed in subparagraphs 3 through 14.
(2) Where any extenuating circumstances exist in performing any of the following affairs, the Authority may manage the information on health under Article 23 of the Personal Information Protection Act, information pertinent to the criminal history data under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act and data containing the resident registration numbers, passport numbers, licence numbers on driver's licences or alien registration numbers under Article 19 of the same Enforcement Decree:
1. Affairs concerning safety education on school buses, etc. for children under Article 53-3 of the Act;
2. Affairs concerning the training and education of lecturers of traffic safety education, instructors and skill examiners under Articles 76, 106 and 107 of the Act;
3. Affairs concerning driver's license tests under Article 83 of the Act;
4. Affairs concerning aptitude tests under Articles 87 and 88 of the Act;
5. Affairs necessary in performing the affairs prescribed in subparagraphs 1 through 4.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
CHAPTER XI DISPOSITION OF FINES FOR NEGLIGENCE AND VIOLATIONS
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 Article 88 (Procedures, etc. for Imposition and Collection of Fines for Negligence)   print
(1) When the commissioner of a district police agency or Mayor, etc. intends to impose a fine for negligence under Articles 160 and 161 of the Act, he/she shall enter it in the regulation book (it shall be prepared and managed in a way by which it is possible to handle it electronically, except in extenuating circumstances) and the register of persons subject to imposition of fines for negligence, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Presidential Decree No. 23805, May 23, 2012>
(2) When the Mayor, etc. intends to impose a fine for negligence in cases of violations under Articles 32 through 34 of the Act, he/she shall be prepared with sufficient evidentiary materials, such as photographic evidence taken of a vehicle with a sign attached thereto stating that the vehicle is subject to a fine for negligence, or photographic evidence gathered by means of unmanned monitoring device, etc., and shall preserve the evidentiary materials after giving them file numbers. <Amended by Presidential Decree No. 23805, May 23, 2012>
(3) When a driver who has committed a violation is revealed as the result of submission of opinions under Article 16 of the Act on the Regulation of Violations of Public Order, the Mayor, etc. shall notify the chief of the competent police station of the fact by attaching materials proving such.
(4) Standards for imposing fines for negligence under paragraph (1) shall be as listed in attached Table 6: Provided, That standards for imposing fines for negligence for any of the violations under Articles 5, 17 (3) and 32 through 34 of the Act conducted in the period from 8 A.M. to 8 P.M. in protective areas for children under Article 12 (1) of the Act shall be as listed in attached Table 6-2. <Amended by Presidential Decree No. 22512, Dec. 7, 2010>
(5) The reduction rate of fines for negligence for voluntary payers under Article 18 of the Act on the Regulation of Violations of Public Order shall be the rate according to any of the following standards prescribed by Ordinance of the Ministry of Public Administration and Security, within the scope of reduction under Article 5 of the Enforcement Decree of the same Act: <Newly Inserted by Presidential Decree No. 22512, Dec. 7, 2010>
1. Delinquency rate of fines for negligence;
2. Types, details and severity of violations;
3. Equity with penalties.
(6) Fines for negligence under paragraph (1) shall be paid within 60 days from the day when a notice of payment of fines for negligence is received: Provided, That if it is impossible to pay it in time due to natural disasters or other unavoidable reasons, it shall be paid within five days after such cause disappears.
(7) When a person who has been notified of the payment of a fine for negligence fails to pay the fine for negligence within the payment deadline, the Mayor, etc. may notify him/her of payment of the relevant fine for negligence (including additional charges) along with a notice of payment of automobile tax among local taxes before a process for the recovery of taxes in arrears is instituted pursuant to Article 24 (3) of the Act on the Regulation of Violations of Public Order. <Amended by Presidential Decree No. 22590, Dec. 31, 2010; Presidential Decree No. 23805, May 23, 2012>
(8) Where a place for the register of a vehicle (hereinafter referred to as "place of registry") is another Si/Gun/Gu, the commissioner of a district police agency, or the Mayor, etc. shall request the collection of fines for negligence as prescribed by Ordinance of the Ministry of Public Administration and Security. In such cases, the Mayor, etc. shall pay service charges for collection prescribed by Ordinance of the Ministry of Public Administration and Security within the extent of 30/100 of the collected fines for negligence to the Mayor, etc. of the place of registry.
(9) Matters necessary for the procedures, etc. for the imposition and collection of fines for negligence shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Presidential Decree No. 20835, Jun. 20, 2008]
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 Articles 89 (Method of Payment, etc. of Fines for Negligence by Credit Card)   print
(1) "Amount prescribed by Presidential Decree" in the former part of the Article 161-2 (1) of the Act means two million won (including additional dues and aggravated additional dues to be imposed).
(2) "Institution receiving fines for negligence by proxy prescribed by Presidential Decree" in the former part of Article 161-2 (1) of the Act means the following institute or institutions:
1. The Korea Financial Telecommunications and Clearings Institute established with permission from the Minister of Strategy and Finance under Article 32 of the Civil Act;
2. An institution designated and publicly announced by the Commissioner of the National Police Agency as an institution receiving fines for negligence by proxy, in consideration of facilities, working capability, the size of capital, and other relevant factors.
(3) Fees for services receiving fines for negligence by proxy under Article 161-2 (3) of the Act shall be approved by the Commissioner General of the National Policy Agency by comprehensively considering the operational expenses, etc. of an institution receiving fines for negligence by proxy, and such fees shall not exceed1. 5 percent of the amount of the relevant fines for negligence (including additional dues and aggravated additional dues to be imposed).
(4) The Commissioner General of the National Policy Agency may determine necessary matters concerning the payment of fines for negligence by credit card, debit card, etc.
[This Article Newly Inserted by Presidential Decree No. 22590, Dec. 31, 2010]
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 Article 90 Deleted. <by Presidential Decree No. 20835, Jun. 20, 2008>   print
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 Article 91 Deleted. <by Presidential Decree No. 20835, Jun. 20, 2008>   print
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 Article 92 Deleted. <by Presidential Decree No. 20835, Jun. 20, 2008>   print
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 Article 93 (Scope of Offenses and Amount of Penalties)   print
(1) The scope of offenses under Article 162 of the Act and the amount of penalties for such offenses shall be as prescribed in detail in attached Tables 7 and 8.
(2) Notwithstanding attached Table 7 pursuant to paragraph (1) , penalties for any of the violations under Articles 5, 6 (1) ,(2) , and (4) , 17 (3) , 27, 32 through 34, and 35 (1) of the Act in protective areas for children under Article 12 (1) of the Act conducted from 8 A.M. to 8 P.M. shall be as listed in attached Table 9. <Newly Inserted by Presidential Decree No. 22512, Dec. 7, 2010>
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 Article 94 (Notices of Demand for Payment of Penalties)   print
(1) When notifying a person found to be in default of a demand for payment of penalty pursuant to Article 163 of the Act, the chief of a police station or the Governor of Jeju Special Self-Governing Province shall deliver a notice of disposition of penalty, a penalty receipt form, and a notice of demand for payment of penalty (hereinafter referred to as "notice of disposition of penalty, etc.") with relevant descriptions therein, and shall prepare an original register of the notice of demand for payment of penalties and a report on detection of an offender. In such cases, where a person found to be in default confirms the fact of his/her default at the Internet check and payment system and the notice of disposition of penalty, etc. is issued by him/her through such system or he/she makes a payment thereof right away, the notice of disposition of penalty, etc. shall be deemed issued. <Amended by Presidential Decree No. 19705, Oct. 19, 2006; Presidential Decree No. 23350, Dec. 6, 2011>
(2) When issuing a notice of disposition of penalty to an offender who has been identified as a resident outside of the jurisdiction of the police station, the chief of a police station shall dispatch a copy of a report on detection of an offender under paragraph (1) to the chief of the police station having jurisdiction over the offender's domicile: Provided, That the same shall not apply where such notice of disposition of penalty is issued to a driver who resides in a city, for his/her offense committed within the city, if there are two or more police stations within the city.
(3) The chief of a police station shall, when issuing a notice of disposition of penalty to a driver of a motor vehicle, etc. or upon receiving a notice of such disposition from the Governor of Jeju Special Self-Governing Province pursuant to Article 163 (2) of the Act, enter the personal data, license number, and facts of the offense of the offender immediately on the motor vehicle driver's license record in the electronic computer system so that it can be reported to the commissioner of the competent district police agency. <Amended by Presidential Decree No. 19705, Oct. 19, 2006>
(4) A notice by the Governor of Jeju Special Self-Governing Province under Article 163 (2) of the Act may be given by entry in the electronic computer system under paragraph (3) . <Newly Inserted by Presidential Decree No. 19705, Oct. 19, 2006>
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 Article 95 (Institutions Authorized to Receive Penalties)   print
The term "National Treasury bank, or one of its branches or agents, or a post office" in the main sentence of Article 164 (1) of the Act means the head office of the Bank of Korea or one of its branches, agents designated as a National Treasury agent or a receiving-only agent by the Bank of Korea, or a post office (hereinafter referred to as a "receiving institution").
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 Article 96 (Payment of Penalty, etc.)   print
(1) An offender shall, upon receiving a notice of demand for payment under Article 94 (1), pay the penalty to a receiving institution, presenting the penalty receipt form and the notice of demand for payment of penalty received in accordance with the same paragraph.
(2) No penalty shall be paid in installments.
(3) A receiving institution shall, upon receiving a penalty in accordance with paragraph (1), issue a penalty receipt to the person who pays the penalty.
(4) A receiving institution shall, upon receiving a penalty, notify the receipt of penalty to the chief of the police station or the Governor of Jeju Special Self-Governing Province, who gave the notice of disposition of penalty, without delay through an electronic medium, etc. <Amended by Presidential Decree No. 19705, Oct. 19, 2006>
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 Article 97 (Keeping Record of Collected Penalties)   print
(1) The chief of police station or the Governor of Jeju Special Self-Governing Province shall enter details of all collected penalties in a penalty collection record, whenever receiving a notice of the receipt of the penalty from a receiving institution in accordance with Article 96 (4): Provided, That such entry may be substituted by keeping a printout of a notice of the receipt, if the notice has been given through an electronic medium, etc. <Newly Inserted by Presidential Decree No. 19705, Oct. 19, 2006>
(2) In cases where the chief of a police station dispatches a copy of a report on detection of an offender to the chief of another police station having jurisdiction over the offender's domicile in accordance with Article 94 (2), the chief of the receiving police station having jurisdiction over the offender's domicile shall keep a record or make a printout for keeping in accordance with paragraph (1).
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 Article 98 (Disposition for Persons Rejecting Notices of Disposition)   print
(1) The chief of a police station shall, without delay, deliver or dispatch to a person who falls under Article 165 (1) 1 of the Act (hereafter referred to as the "offender subject to summary trial" in this Article) a summons for summary trial, informing of the date, time, venue, etc. at which to appear for summary trial, at least ten days before the trial date.
(2) If it is impossible to hold a summary trial because of the failure of the offender subject to summary trial to appear for the summary trial on a designated trial date, the chief of the police station shall, without delay, dispatch a peremptory notice of demand for appearance for summary trial again, informing of the date, time, venue, etc. at which to make an appearance for summary trial, at least ten days before the trial date reset.
(3) If it becomes impossible to proceed with the summary trial any further because of the failure of the offender subject to summary trial to appear, even after dispatching a peremptory notice of demand for appearance for summary trial in accordance with paragraph (2), the chief of the police station may suspend the validity of the driver's license held by the offender temporarily pursuant to Article 93 of the Act.
(4) The chief of a police station, who intends to request a summary trial pursuant to Article 165 (1) of the Act, shall prepare a request for summary trial, and shall submit it to the competent court.
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 Article 98-2 (Notice by Governor of Jeju Special Self-Governing Province of Detection of Person Subject to Summary Trial, etc.)   print
(1) The Governor of Jeju Special Self-Governing Province shall issue and deliver a preliminary notice of summary trial to a person who falls under any of the subparagraphs of Article 163 (1) of the Act, and shall prepare a notice of detection of offender subject to summary trial to dispatch it to the chief of the competent police station.
(2) The Governor of Jeju Special Self-Governing Province shall, if he/she discovers a person who falls under Article 165 (1) 2 of the Act, immediately transfer relevant documents including a copy of a report on detection of offender to the chief of the competent police station.
[This Article Newly Inserted by Presidential Decree No. 19705, Oct. 19, 2006]
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 Article 99 (Request for Summary Trial of Person in Contempt of Notified Disposition)   print
(1) The chief of a police station shall dispatch a summons for summary trial and a notice of demand for payment of penalty to a person in contempt of the notified disposition (hereafter referred to as the "notice" in this Article), if he/she fails to pay the penalty under Article 163 of the Act within the prescribed time period, demanding payment of the amount of the penalty under the proviso to Article 165 (1) of the Act plus 50 percent of the penalty (hereinafter referred to as the "additional penalty, etc") and to appear for a summary trial within 30 days of the expiry of the time period allowed for payment of penalty (referring to the last day of the time period allowed for payment of penalty pursuant to Article 164 (2) of the Act; hereafter the same shall apply in this Article). In such cases, the additional penalty receipt form and the notice of demand for payment of the additional penalty shall describe the relevant facts, and the summary trial date on which the person in default shall make an appearance shall not be later than 40 days after the expiry of the time period for payment of the additional penalty.
(2) If it is impossible to hold a summary trial because of the failure of a person in default of the notified disposition to pay the additional penalty and appear for the summary trial on a designated trial date, the chief of the police station shall, without delay, dispatch a peremptory notice of demand for payment of the additional penalty and appearance for summary trial again to the person in default, informing of the date, time, venue, etc. to pay the additional penalty and make an appearance at the summary trial. In such cases, the additional penalty receipt form and the notice of demand for payment of the additional penalty shall describe the relevant facts, and the summary trial date shall not be later than 60 days after the expiry of the time period for payment of the additional penalty, unless it is not possible to hold the summary trial due to the court's situation or any other circumstances.
(3) If it becomes impossible to proceed with the summary trial any further due to the failure of a driver who has defaulted on the notified disposition to pay the additional penalty, etc. and appear even after dispatching a peremptory notice of demand for appearance for the summary trial in accordance with paragraph (2), the commissioner of a district policy agency may suspend the validity of the driver's license held by the person in default temporarily pursuant to Article 93 of the Act.
(4) As to the payment, receipt, etc. of the additional penalty, etc., the provisions of Articles 95 through 97 shall apply mutatis mutandis.
(5) As to the request for summary trial of a person in default of notified disposition, the provisions of Article 98 (4) shall apply mutatis mutandis.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2006.
Article 2 (Transitional Measures for Licenses, etc. under Former Decree)
An action of, or against an administrative agency performed under any of the former provisions of this Decree at the time when this Decree enters into force shall be deemed to be an action of, or against the administrative agency under this Decree.
Article 3 (Transitional Measures for Disposition for Fines for Negligence and Offenses)
The imposition and collection of fines for negligences against offenses committed before this Decree enters into force and the disposition for such offenses shall be governed by the former provisions of this Decree.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 19705, Oct. 19, 2006>
This Decree shall enter into force on October 20, 2006.
ADDENDA <Presidential Decree No. 20038, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 29, 2007.
Article 2 (Applicability to Education for Learning Skills Required for Driving Motor Vehicles, etc.)
The amended provisions of Article 48 (5) shall apply to those who take a driver's license test conducted first and subsequently after this Decree enters into force.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20692, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20835, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Article 2 (Applicability to Notification of Personal Information Pertaining to Occasional Aptitude Test)
The amended provisions of Article 58 (1) 8 and subparagraph 4-2 of the attached Table 4 shall apply beginning with a person who is released from the Institute of Forensic Psychiatry Ministry of Justice for the first time after this Decree enters into force.
Article 3 (Applicability to Period of Payment of Fines for Negligence)
The amended provisions of Article 88 (5) shall enter into force beginning with the portion on which a fine for negligence is imposed for the first time after this Decree enters into force.
ADDENDA <Presidential Decree No. 21036, Sep. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2008. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21077, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21206, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21844, Nov. 23, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 32 and 58 and attached Tables 1 and 4 shall enter into force on the date of its promulgation, and the amended provisions of Articles 45 (1) and 53 (1) shall enter into force one month after the date of its promulgation respectively.
Article 2 (Applicability to Restrictions on Application for Tests of Those Who Fail to Pass Skill Examination or Road Driving Examination)
The amended provisions of Articles 48 (6) , 49 (4) and 69 (4) shall apply to those who fail to pass such examination or test on or after this Decree enters into force.
Article 3 (Applicability to Change of Standards for Refund of Tuition Fees)
The amended provision of Article 71 (2) 2 shall also apply to students who have failed to complete classes after registration with a driving school before this Decree enters into force.
Article 4 (Transitional Measures concerning Registration of Personal Data of Founder and Operator of Driving Schools)
The founder and operator of a driving school registered before this Act enters into force shall submit his/her personal data to the commissioner of a district police agency pursuant to the amended provisions of Article 60 (1) 1 within three months from the date this Decree enters into force.
Article 5 (Transitional Measures concerning Change of Requirements for Qualifications for Instructors for Education of Subjects of Driving Schools)
Instructors for education of school subjects in a driving school as at the time this Act enters into force shall meet requirements for qualifications pursuant to the amended provisions of Article 64 (1) 1 within one year from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 22224, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22258, Jul. 9, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22512, Dec. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning Imposition of Fines for Negligence and Penalty)
The former provisions shall apply to fines for negligence and penalty for any violation in protective areas for children before this Decree enters into force.
ADDENDA <Presidential Decree No. 22590, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011: Provided, That the amended provisions of Articles 38 (1) , 86 (1) , 89 and attached Tables 6 and 7 shall enter into force on January 24, 2011.
Article 2 (Applicability concerning Special Education on Traffic Safety)
The amended provision of Article 38 (1) 2 (a) shall apply to a person who commits any dangerous collective conduct on or after the date this Decree enters into force.
Article 3 (Transitional Measures concerning Imposition of Penalties and Fines for Negligence)
The former provisions shall apply to penalties and fines for negligence to any act performed before this Decree enters into force.
ADDENDA <Presidential Decree No. 22910, Apr. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2011: Provided, That the amended provisions of Article 64 (2) and attached Table 5 shall enter into force from the date on which six months lapse after the promulgation of this Decree.
Article 2 (Applicability concerning Extension of Hours of Education per Day of Driving Schools or Specialized Driving Schools)
The amended provisions of Article 65 (1) shall also apply to those who have filed registration to driving schools or specialized driving schools before this Decree enters into force.
ADDENDA <Presidential Decree No. 23350, Dec. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 9, 2011: Provided, That the amended provisions of Article 38 (2), proviso to subparagraph 7 of attached Table 5, and subparagraph 67 of attached Table 7 shall enter into force on June 1, 2012, and the amended provisions of Article 64 on March 1, 2013.
Article 2 (Applicability concerning Change of Standards for Designation of Specialized Driving Schools)
The amended provisions of Article 67 (5) shall apply, beginning with a person who files an application for the designation of a specialized driving school for the first time after this Decree enters into force.
Article 3 (Applicability concerning Partial Exemption of Driver's License Examinations)
(1) The amended provisions of attached Table 3 shall apply, beginning with a person who applies for a driver's license for the first time after this Decree enters into force.
(2) Notwithstanding the amended provisions of subparagraph 5 of attached Table 3, for those whose drivers' licenses are revoked due to the failure of renewal of their drivers' licenses under Article 87 (3) of the former Road Traffic Act (referring to the same Act before amended by Act No. 10790), part of the driver's license examination shall be exempted pursuant to the following Table.
Persons eligible for Exemption Applicable Provisions License Intended to Obtain Examinations to be Exempted
Those who intend to obtain Class Ⅱ driver's licenses within five years after their drivers' licenses are revoked due to the failure of renewal of their drivers' licenses Article 87 (3) of the former Road Traffic Act (referring to the same Act before amended by Act No. 10790) Drivers licenses which are included in the scope within which the applicants have been allowed to drive with the drivers' licenses before the revocation thereof Tests for skills and on-road driving tests: Provided, That the driving test shall be exempted only in cases where the applicants intend to obtain Class Ⅱ drivers' licenses
Article 4 (Transitional Measures concerning Imposition of Penalty and Fines for Negligence)
The imposition of any penalty and fines for negligence against any offense committed before this Decree enters into force shall be governed by former provisions.
Article 5 (Transitional Measures concerning Safety Education on School Buses, etc. for Children)
Each operator or driver of a school bus, etc. as at the time this Decree enters into force shall undergo safety education on school buses, etc. for children within one year after this Decree enters into force: Provided, That those who have completed traffic safety education programs for persons related to school buses, etc. for children which have been conducted by the Ministry of Public Administration and Security, the National Police Agency or the Road Traffic Authority before this Decree enters into force shall be deemed to have completed an initial safety education under Article 31-2 (1) 1 and the due date of safety re-education under Article 31-2 (1) 2 shall be calculated from the date such education is completed.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23805, May 23, 2012>
This Decree shall enter into force on the date of its promulgation.