CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to ensure safe and smooth flow of traffic by preventing and removing all dangers and obstacles to traffic on roads.
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| Article 2 (Definitions) |
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The definitions of the terms used in this Act shall be as follows:
| 1. |
The term "road" means any of the following roads: |
| (a) |
A road provided for in the Road Act; |
| (d) |
An open area that is actually necessary to ensure safe and smooth movement of traffic of many and unspecified persons, motor vehicles and horses; |
| 2. |
The term "exclusive road for motor vehicles" means a road over which only motor vehicles may move; |
| 3. |
The term "expressway" means a road designated exclusively for motor vehicles to move along at a high speed; |
| 4. |
The term "roadway" means the area of a road over which all motor vehicles run along, demarcated by a line of curbstones (referring to a line of curbstones, etc., that define the roadways from the sidewalks; hereinafter the same shall apply), safety signs or artificial structures similar thereto; |
| 5. |
The term "median lane" means a line indicated with safety signs, such as yellow solid lines and yellow dotted lines, or facilities installed with medians and barriers, etc. in order to clearly separate the direction of passage of motor vehicles and horses: Provided, That where a reversible motor vehicle road is opened pursuant to the latter part of Article 14 (1), this refers to a yellow dotted line on the far left side of the running direction controlled by signal apparatus; |
| 6. |
The term "lane" means the area of a roadway divided by the vehicle line along which motor vehicles and horses move; |
| 7. |
The term "vehicle line" means a line whose boundary points are indicated with safety signs in order to distinguish one lane from another; |
| 9. |
The term "bicycle crosscut" means the area of a road marked with safety marking for bicycles to cross the road; |
| 10. |
The term "sidewalk" means the area of a road demarcated by a line of curbstones, safety signs and artificial structures similar thereto for pedestrian traffic (including baby carriages and wheelchairs for the purpose of aid to walking, prescribed by Ordinance of the Ministry of Public Administration and Security; hereinafter the same shall apply); |
| 11. |
The term "roadside area" means the edge of a road undivided by a sidewalk and a roadway, but demarcated by safety signs, etc. in order to ensure pedestrian safety; |
| 12. |
The term "crosswalk" means the part of a road, which is demarcated with safety signs in order for pedestrians to cross the road; |
| 13. |
The term "intersection" means the area of a road intersected in the shape of a "＋" or "T" or the juncture of at least two roads (in the case of a road divided by the sidewalk and the roadway, referring to the roadway); |
| 14. |
The term "safety zone" means the area of a road, which is indicated by safety signs and other artificial structures similar thereto in order to ensure the safety of pedestrians crossing the road as well as motor vehicles and horses passing through; |
| 15. |
The term "signal apparatuses" means apparatuses operated manually or by electricity to convey signals to proceed, stop, turn, caution, etc. by means of letters, symbols or lights in traffic on the road; |
| 16. |
The term "safety signs" means signboards that convey caution, control, direction, etc. or symbols, letters, lines, etc. that are indicated on the surface of a road necessary for traffic safety; |
| 17. |
The term "motor vehicles and horses" means motor vehicles and horses under any of the following items: |
| (a) |
The term "motor vehicle" refers to any of the followings: |
| (ⅱ) |
Construction machinery; |
| (ⅴ) |
Other vehicles running on the road by the power of humans or cattle, or other motor power: Provided, That anything that runs along railway tracks or on temporarily installed lines, baby carriages and wheelchairs for the purpose of aid to walking prescribed by Ordinance of the Ministry of Public Administration and Security shall be excluded; |
| (b) |
The term "oxen and horses" means cattle using for traffic and transportation; |
| 18. |
The term "motor vehicle" means a vehicle powered by motor (any towed motor vehicle shall be deemed as part of a motor vehicle) without using any railway or any temporarily installed line, which falls under any of the following items: |
| (ⅳ) |
A special-purpose car; |
| (ⅴ) |
A two-wheeled vehicle; |
| 19. |
The term "motorcycle" means any of the following vehicles: |
| (b) |
A vehicle equipped with a motor of less than 50cc displacement (where the vehicle is powered by electricity, less than 0.59kw of rated power); |
| 21. |
The term "motor vehicles, etc." means motor vehicles and motorcycles; |
| 22. |
The term "emergency motor vehicles" means motor vehicles falling under any of the following items, which are used for emergency purposes: |
| (c) |
Blood supplying motor vehicles; |
| (d) |
Other motor vehicles prescribed by Presidential Decree; |
| 23. |
The term "school buses for children" means automobiles, which is reported pursuant to Article 52, used for transporting children (referring to persons younger than the age 13; hereinafter the same shall apply) to and from establishments educating those children among any of the following establishments: |
| 24. |
The term "parking" means keeping any motor vehicle in the state of parking because the motor vehicle waits for passengers, is being loaded with cargo or is broken down, etc., or its driver is unable to immediately drive the motor vehicle because he/she has left the relevant motor vehicle; |
| 25. |
The term "stop" means the act of bringing any motor vehicle to a nondriven state for not exceeding five minutes, other than the act of parking; |
| 26. |
The term "driving" means the act of using a motor vehicle or horse on a road (including places other than a road in case of Articles 44, 45, 54 (1), 148 and 148-2) according to its original purpose and use (including the act of manoeuvring it); |
| 27. |
The term "novice driver" means a person for whom two years have yet to lapse from the date on which he/she obtains his/her driver's license (where he/she is subject to a disposition taken to revoke his/her driver's license before two years lapse from the date on which he/she has obtained his/her driver's license, this refers to the date on which he/she re-obtains his/her driver's license thereafter). In such cases, where anyone who only obtains a motorcycle driver's license obtains a driver's license other than a motorcycle driver's license, his/her driver's license shall be deemed obtained for the first time; |
| 28. |
The term "drive slowly" means the act of driving a motor vehicle at a slow speed that makes it possible for its driver to stop his/her motor vehicle immediately; |
| 29. |
The term "overtake" means that a driver passes another motor vehicle on the side and move ahead of it; |
| 30. |
The term "temporary stop" means that a driver brings the wheels of his/her motor vehicle to a temporary but complete stop; |
| 31. |
The term "exclusive pedestrian road" means a road that is indicated by safety signs, or artificial structures similar thereto for exclusive use by pedestrians; |
| 32. |
The term "driving school" means an establishment in which the knowledge and skills to drive motor vehicles are taught, other than an establishment under any of the following items: |
| (a) |
An establishment built by any school for training its teachers, employees and students pursuant to education-related Acts and subordinate statutes; |
| (b) |
An establishment built in the place of business, etc. for training its employees; |
| (c) |
An establishment built in order to conduct simulated driving practice by using electronic equipment; |
| (d) |
An establishment recognized by the Commissioner of a Local Police Agency among establishments built by the heads of local governments, etc. for conducting driving education for physically handicapped persons; |
| (e) |
An establishment that conducts driving education without receiving any fees therefor; |
| (f) |
An establishment that conducts driving education in a place other than roads in order to allow persons with driver's license to learn various driving experiences. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 3 (Installation and Management of Signal Apparatuses, etc.) |
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| (1) |
When it is deemed necessary to prevent dangers and to ensure safe and smooth flow of traffic on the road, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Governor of a Special Self-governing Province or the head of a Si/Gun (excluding the head of a Gun of a Metropolitan City; hereinafter referred to as the "Mayor, etc.") shall install and manage signal apparatuses and safety signs (hereinafter referred to as "traffic safety facilities"): Provided, That in cases of toll roads provided for in Article 6 of the Toll Road Act, road managers shall install and manage traffic safety facilities upon receiving instructions of the Mayor, etc. |
| (2) |
Do may subsidize all or some of the costs involved for the head of a Si/Gun to install and manage traffic safety facilities pursuant to paragraph (1). |
| (3) |
Where it is necessary to remove traffic safety facilities installed on a road or to restore them to their original state for reasons prescribed by Presidential Decree, the Mayor, etc. may require anyone who caused such reasons to bear all or some of the costs necessary to perform the work therefor. |
| (4) |
Necessary matters concerning standards for bearing and refunding the costs referred to in paragraph (3) shall be prescribed by Presidential Decree. |
| (5) |
When the person who is liable to pay all or a part of the costs pursuant to paragraph (3) fails to pay them during the designated period, the Mayor, etc. shall collect the unpaid costs according to the precedents for dispositions taken to collect local taxes in arrears. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 4 (Kinds, etc. of Traffic Safety Facilities) |
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The kinds of traffic safety facilities, methods of manufacturing traffic safety facilities, places where traffic safety facilities are to be installed and other necessary matters concerning traffic safety facilities shall be prescribed by Ordinance of the Ministry Public Administration and Security.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 4-2 (Installation and Administration of Unmanned Traffic Regulation Equipment) |
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| (1) |
The Commissioner of a Regional Policy Agency, the chief of a police station or the Mayor, etc. may install and administer unmanned traffic regulation equipment to record and prove facts violating the Act. |
| (2) |
The provisions from Article 3 (3) through (5) shall apply mutatis mutandis to removal of unmanned traffic regulation equipment or restoration to its original state, etc. In such cases, "traffic safety facilities" shall be construed as "unmanned traffic regulation equipment". |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 5 (Obligations to Observe Signals and Instructions) |
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| (1) |
Pedestrians who walk roads, drivers of motor vehicles, and riders of horses that move along roads shall observe signals and instructions conveyed and given by traffic safety facilities, and any person falling under any of the following subpargaraphs: |
| 1. |
State police officers (including combat police officers; hereinafter the same shall apply), the autonomous police officers of the Jeju Special Self-Governing Province (hereinafter referred to as "autonomous police officers"); |
| 2. |
Persons who assist state or autonomous police officers (hereinafter referred to as "police officers") prescribed by Presidential Decree (hereinafter referred to as "police assistants"). |
| (2) |
Where the signals and instructions conveyed by traffic safety facilities referred to in paragraph (1) are different from the signals and instructions given by state police officer, autonomous police officers or police assistants (hereinafter referred to as "police officers, etc.") in charge of traffic control, pedestrians who walk the road, drivers of motor vehicles and riders of horses that pass along the road shall follow such signals and directions given by the police officers, etc. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 6 (Prohibitions and Restrictions on Traffic) |
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| (1) |
When it is deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, the Commissioner of a Local Police Agency may prohibit and restrict the traffic of pedestrians, motor vehicles and horses in the section as designated by him/her. In such cases, the Commissioner of a Local Police Agency shall notify the road management agency that is in charge of the road on which the traffic of pedestrians, motor vehicles, and horses is prohibited or restricted of such fact. |
| (2) |
When it is deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, the head of a police station may first prohibit and restrict the traffic of pedestrians, motor vehicles and horses, and then consult with the road manager about the objects and section subject to the prohibition and the restrictions and the period during which the prohibition and the restrictions are imposed. |
| (3) |
The Commissioner of a Local Police Agency or the head of a police station shall, when he/she intends to impose the prohibition and the restrictions referred to in paragraph (1) or (2), publish the fact of his/her intentions as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) |
When it is deemed necessary to urgently prevent any danger on the road because of damaged road, or outbreak of fire and other circumstances, police officers may temporarily prohibit or restrict the traffic of pedestrians, motor vehicles and horses within the necessary limit. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 7 (Measures to Relieve Traffic Congestion) |
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When the traffic build-up of pedestrians, motors vehicles and horses is evidently likely to cause traffic congestion, police officers may take necessary measures to relax such traffic congestion.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅱ WAYS OF PEDESTRIANS TO WALK ROADS
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| Article 8 (Pedestrian Traffic) |
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| (1) |
On a road that is divided into a sidewalk and a roadway, pedestrians shall always walk the sidewalk: Provided, That the same shall not apply to cases where pedestrians cross the roadway or such usage of a sidewalk is prohibited on the ground of any road work, etc. or other case of inevitability. |
| (2) |
On a road that is not divided into a sidewalk and a roadway, pedestrians shall walk on the fringe of the road in the direction opposite to horses and vehicles or the side of the road: Provided, That where the direction of the road is one-way, pedestrians may walk without facing opposite to horses and vehicles. |
| (3) |
In principle, pedestrians shall keep right on sidewalks. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 9 (Movement of Processions, etc.) |
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| (1) |
Processions of students and processions of persons prescribed by Presidential Decree as being likely to impede pedestrian traffic (hereinafter referred to as "procession, etc.") may pass along the roadway, notwithstanding the main sentence of Article 8 (1). In such cases, the procession, etc. shall pass along the right-hand side of the roadway. |
| (2) |
When marching along a street during any socially important event, a procession, etc. may pass along the center of the road. |
| (3) |
When deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of traffic on the road, police officers may designate a section, order the procession, etc. to pass along the right-hand side of the road or the roadway (on a roadway with a bicycle track, this refers to the right-hand side of the roadway other than the bicycle track) in such section and take other necessary measures. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 10 (Crossing Roads) |
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| (1) |
The Commissioner of a Local Police Agency may open any crosswalk in order to ensure the safety of pedestrians crossing the road according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
Pedestrians shall cross a crosswalk referred to in paragraph (1), underpass, overpass and other road-crossing facilities that are installed in the road; Provided, That in the case of physically handicapped persons who are unable to use road-crossing facilities, such as underpasses and overpasses, they may cross the road without using the road-crossing facilities in a manner that crossing the road does not impede other traffic. |
| (3) |
Pedestrians shall cross the road by using the shortest distance, in which crosswalks referred to in paragraph (1) are not installed. |
| (4) |
Pedestrians shall not cross the road just in front or to the rear of any motor vehicle: Provided, That the same shall not apply to cases where they cross the road over the crosswalk, or they cross the road according to signals or instructions sent or given by signal apparatuses or police officers, etc. |
| (5) |
Pedestrians shall not cross the area of a road where crossing is prohibited by safety signals, etc. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 11 (Protection of Children, etc.) |
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| (1) |
Caregivers of children shall not allow any child in their care to play on a road where traffic is frequent, and caregivers of infants (referring to persons who are younger than the age six; hereinafter the same shall apply) shall not allow any infant in their care to walk alone the road in which the traffic is frequent. |
| (2) |
Caregivers of blind persons (including persons corresponding thereto; hereinafter the same shall apply) shall require the blind to carry a white cane when they walk the road and to be accompanied by a dog prescribed by Ordinance of the Ministry of Public Administration and Security (hereinafter referred to as "guide dog") to guide the blind. |
| (3) |
Caregivers of children shall, when a child in their care rides a bicycle on the road or rides a dangerous mobile play apparatus prescribed by Ordinance of the Ministry of Public Administration and Security require each child in their care to wear life protection outfits prescribed by Ordinance of the Ministry of Public Administration and Security in order to ensure the safety of such child. |
| (4) |
When a physically handicapped person requests for help or when it is deemed necessary to help them when they walk or cross the road, police officers shall take necessary measures to ensure their safe passage along the road or their safe thoroughfare. |
| (5) |
When police officers find any of the following persons, they shall take appropriate measures to ensure that person's safety: |
| 1. |
A child playing on a road on which traffic is frequent; |
| 2. |
An infant walking the road without their caregivers; |
| 3. |
A blind person walking without holding a white cane and without being accompanied by a guide dog; |
| 4. |
A senior citizen (referring to persons aged 65 years and older; hereinafter the same shall apply) who find it difficult to walk the crosswalk or the road in which the traffic is frequent. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 12 (Designation and Management of Protective Areas for Children) |
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| (1) |
When it is deemed necessary to protect children from the danger of traffic accidents, the Mayor, etc. may restrict the driving speed of motor vehicles, etc. not more than 30 kilometers an hour after designating certain sections as protective areas for children among roads around any of the following establishments: |
| 2. |
Childcare centers designated by Ordinance of the Ministry of Public Administration and Security among childcare centers provided for in Article 10 of the Infant Care Act; |
| (2) |
Necessary matters concerning procedures, standards, etc. for designating protective areas for children referred to in paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of Education, Science and Technology, the Ministry of Public Administration and Security, and the Ministry of Land, Transport and Maritime Affairs. |
| (3) |
While passing through the road, drivers of motor vehicles and riders of horses shall observe the measures referred to in paragraph (1) and shall pay attention to the safety of children in a protective areas. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 12-2 (Designation and Management of Protection Area for Aged and Disabled) |
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| (1) |
When the Mayor, etc. deems it necessary to protect the aged or the disabled from the danger of traffic accident, he/she may take necessary measures, such as restricting or prohibiting the traffic of motor vehicles and horses by designating a certain section of the road around facilities pursuant to subparagraphs 1 through 3 and subparagraph 3-2 as a protection area for the aged, and a certain section of the road around facilities pursuant to subparagraph 4 as a protection area for the disabled, respectively: |
| (2) |
Necessary matters concerning procedures, standards, etc. for designating a protection area for the aged or the disabled referred to in paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of Health and Welfare, the Ministry of Public Administration and Security and the Ministry of Land, Transport and Maritime Affairs. |
| (3) |
Drivers of motor vehicles and riders of horses shall abide by the measures referred to in paragraph (1) in a protection area for the aged or the disabled and drive their motor vehicles and ride their horses while paying attention to the safety of the aged or the disabled. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅲ WAYS FOR MOTOR VEHICLES AND HORSES TO PASS THROUGH ROADWAYS
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| Article 13 (Motor Vehicle and Horse Traffic) |
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| (1) |
Drivers of motor vehicles and riders of horses shall travel along the roadway on the roads that are divided by a sidewalk and a roadway: Provided, That when they drive motor vehicles or ride horses into and out of any place other than a road, they may cross the sidewalk. |
| (2) |
In cases of the proviso to paragraph (1), drivers of motor vehicles and riders of horses shall cross the sidewalk in a manner that does not impede pedestrian traffic after stopping temporarily in order to look out the part, etc. to the left and right side of the sidewalk immediately before crossing such sidewalk. |
| (3) |
Drivers of motor vehicles and riders of horses shall travel along the part of the road (referring to the roadway where the road is divided into a sidewalk and a roadway) that is to the right of the center line (referring to the median lane where a median lane is marked; hereafter the same shall apply) of the road. |
| (4) |
The drivers of motor vehicles and the riders of horses may pass along the center or the left-hand side of the road in cases falling under any of the following subparagraphs, notwithstanding paragraph (3): |
| 1. |
Where the road is for one-way traffic; |
| 2. |
Where it is impossible for motor vehicles and horses to pass along the right-hand side of the road due to damage to the road, road construction, and other impediments; |
| 3. |
Where it is intended to overtake other motor vehicles driving ahead of it on a road, the width of the right-hand side of which is not more than 6 meters: Provided, That the same shall not apply to cases falling under any of the following categories: |
| (a) |
Where it is impossible to confirm the right-hand side of the road; |
| (b) |
Where it is feared to impede the traffic approaching from the opposite direction; |
| (c) |
Where safety signs, etc. prohibit or restrict the passing of other motor vehicles driving ahead of it; |
| 4. |
Where the width of the right-hand side of the road is not wide enough for the traffic of motor vehicles and horses; |
| 5. |
Where the Commissioner of the Local Police Agency finds it necessary to designate any section and traffic methods in order to prevent danger to traffic at the curve of a steeply sloping road and that motor vehicles and horses pass along according to such designation. |
| (5) |
The drivers of motor vehicles and the riders of horses shall not pass into any safety area, etc. access to which is prohibited by safety signs. |
| (6) |
Riders of horses and vehicles (excluding bicycles) shall not pass along the bike lane or the roadside except places where thoroughfare is permitted with safety marking. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 13-2 (Special Cases on Passing Method of Bicycles) |
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| (1) |
Any bicycle rider shall pass along a bike lane at a place where a separate bike lane exist (including an exclusive road constructed for only bicycles to go through pursuant to Article 15 (1); hereinafter the same shall apply in this Article). |
| (2) |
Any bicycle rider shall pass along close to the right side of the road at a place where no bike lane is constructed. |
| (3) |
Any bicycle rider may pass along a roadside (excluding a section where thoroughfare for bicycles is prohibited with safety marking). In such cases, when bicycle riding obstructs passage of pedestrians, any bicycle rider shall pass through slowly or stops for a while. |
| (4) |
Notwithstanding paragraph (1) and Article 13 (1), any bicycle rider may pass along the sidewalk in any of the following cases. In such cases, any bicycle rider shall slowly go from the center of the sidewalk to the roadside or a place designated with safety marking, and when bicycle riding obstructs passage of pedestrians, the bicycle rider shall stop for a while: |
| 1. |
Where a child, senior citizen or physically challenged person prescribed by Ordinance of the Ministry of Public Administration and Security rides a bicycle; |
| 2. |
Where thoroughfare for bicycles is permitted with safety marking; |
| 3. |
Where a bicycle is unable to pass through a road owing to the destruction of the road, road improvement or other obstacles, etc. |
| (5) |
No more than two bicycles may ride side by side, except for cases where thoroughfare for bicycles is permitted with safety marking. |
| (6) |
When any bicycle rider intends to cross the road at a crosswalk, the bicycle rider shall get off his/her bicycle and walk the bicycle. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 14 (Marking, etc. Lanes) |
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| (1) |
When it is deemed necessary to ensure smooth flow of traffic of motor vehicles and horses, the Commissioner of a Local Police Agency may mark a lane prescribed by Ordinance of the Ministry of Public Administration and Security on a road. In such cases, the Commissioner of the Local Police Agency may mark up a reversible lane with signal apparatus to indicate the direction of traffic on any road in which the traffic volume of both directions varies greatly according to time, in order to optimize the number of lanes available for the direction with the greatest traffic volume. |
| (2) |
Drivers of motor vehicles and riders of horses shall pass along the lane marked on a road, except where this Act prescribes special provisions governing such lane or an order is given with respect to the lane pursuant to this Act: Provided, That when the Commissioner of a Local Police Agency designates the means for traffic otherwise, drivers of motor vehicles and riders of horse shall pass through the lane according to such means. |
| (3) |
Where it is intended to travel along a road in which the lane is marked and the width of any motor vehicle is wider than that of a lane prescribed by Ordinance of the Ministry of Public Administration and Security, which is likely to impede safe and smooth flow of traffic, the driver of such motor vehicle shall be prohibited from travel along such road: Provided, That the same shall not apply to cases where the driver of any motor vehicle obtains permission therefor from the head of the police station having jurisdiction over the place of his/her departure as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) |
Drivers of motor vehicles and riders of horses shall be prohibited from shifting their routes on the road in which any shift in route is especially prohibited by safety signs: Provided, That the same shall not apply to cases where obstacles exist due to any damaged road or any road works, etc. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 15 (Marking, etc. Exclusive Lanes) |
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| (1) |
When it is particularly necessary to ensure smooth flow of traffic, the Mayor, etc. may mark exclusive lanes (referring to lanes on which only motor vehicles designated by type and the number of persons aboard may run; hereinafter the same shall apply) on the road after consulting with the Commissioner of a Local Police Agency or the head of a police station with regard thereto. |
| (2) |
Necessary matters concerning kinds of exclusive lanes, motor vehicles permitted to travel along exclusive lanes and the operation of exclusive lanes shall be prescribed by Presidential Decree. |
| (3) |
Any motor vehicle that is not a motor vehicle permitted to travel along an exclusive lane pursuant to paragraph (2) shall be prohibited from traveling along such exclusive lanes: Provided, That the same shall apply to cases where any emergency motor vehicle travels along the exclusive lane for emergency purposes and other cases prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 15-2 (Installation, etc. of Bicycle Crosscut) |
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| (1) |
The Commissioner of a Regional Policy Agency may install bicycle crosscuts for the safety of bicycle riders crossing the road according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
When any bicycle rider intends to cross the road where a separate bicycle crosscut exists riding on a bicycle, he/she shall use a bicycle crosscut. |
| (3) |
When a bicycle passes through a bicycle crosscut, riders of horses and vehicles shall stop in front of such bicycle crosscut (at a place where a stop line is installed, referring to the stop line) for a while lest they should obstruct or endanger bicycle crossing. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 16 Deleted.<by Act No. 9845, Dec. 29, 2009> |
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| Article 17 (Speed of Motor Vehicles, etc.) |
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| (1) |
The speed of motor vehicles, etc. on the road shall be determined by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
When it is deemed necessary to prevent dangers and ensure safe and smooth flow of traffic on the road, the Commissioner General of the National Police Agency or the Commissioner of a Local Police Agency may designate zones or sections according to the classification in the following subparagraphs in which the speeds referred to in paragraph (1) are restricted: |
| 1. |
The Commissioner General of the National Police Agency: Expressway; |
| 2. |
The Commissioner of a Local Police Agency: Road other than expressway. |
| (3) |
Drivers of motor vehicles, etc. shall be prohibited from driving any motor vehicles at a speed above the maximum speed limit or at a speed below the minimum speed limit referred to in paragraphs (1) and (2): Provided, That the same shall not apply to cases where the driver of any motor vehicle, etc. drives a motor vehicle at a speed below the minimum speed limit on the grounds of traffic congestion and inevitability. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 18 (Prohibition on Road Crossing, etc.) |
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| (1) |
When it is likely to impede the normal flow of traffic of pedestrations other motor vehicles and horses, drivers of motor vehicles and riders of horses shall be prohibited from crossing the road, making a U-turn or moving backward. |
| (2) |
When it is deemed especially necessary to prevent danger and ensure safe and smooth flow of traffic on the road, the Commissioner of a Local Police Agency may designate any section of the road where it is prohibited for motor vehicles and horses to cross the road, to make a U-turn, or to move backward. |
| (3) |
When drivers of motor vehicles and riders of horses intend to enter the road from buildings, parking lots, etc., they shall first stop their motor vehicles and horses, confirm the safety of such actions and proceed slowly driving the motor vehicles and riding horses. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 19 (Maintaining of Safe Distance, etc.) |
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| (1) |
When a motor vehicle is traveling behind any other motor vehicle traveling in the same direction, a driver of any motor vehicle shall maintain a distance necessary to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly. |
| (2) |
When any driver of a motor vehicle, etc. passes by a bicycle going in the same direction, he/she shall assure a necessary distance to avoid collision with such bicycle. |
| (3) |
No driver of any motor vehicle shall change course when it is likely to impede normal traffic of other motor vehicle running in the direction to which he/she intends to change his/her route. |
| (4) |
No driver of any motor vehicle shall apply the brake in order to abruptly stop the motor vehicle or reduce the speed of the motor vehicle except for the case of intending to prevent any danger and on the grounds of inevitability. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 20 (Obligations to Yield Routes) |
|
| (1) |
Where he/she intends to drive at a speed slower than that of a motor vehicle behind, any driver of every motor vehicle (excluding emergency motor vehicles) shall yield the way for the motor vehicle behind by driving his/her motor vehicle along the right side of the road. |
| (2) |
When motor vehicles other than an emergency motor vehicle go through opposite to each other on a narrow road, a motor vehicle according to the classification referred to in the following subparagraphs shall yield the way by getting out of the way to the right side of the road: |
| 1. |
Where motor vehicles go through opposite to each other on the sloping narrow road, a motor vehicle going up; |
| 2. |
Where a motor vehicle carrying a person or loading goods and an empty motor vehicle without carrying a person or goods go through opposite to each other on a narrow road other than a sloping narrow road, an empty motor vehicle. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 21 (Means of Overtaking) |
|
| (1) |
When a driver of any motor vehicle intends to overtake another motor vehicle, he/she shall drive on the left-hand side of the other motor vehicle. |
| (2) |
When a bicycle rider intends to pass ahead of a motor vehicle which drives slowly or stops, he/she may go through the right side of the motor vehicle ahead, notwithstanding paragraph (1). In such cases, he/she shall go slowly or stop for a while in consideration of the safety of a person getting in or getting out of the motor vehicle stopped. |
| (3) |
In cases of paragraphs (1) and (2), the driver of any motor vehicle intending to overtake another motor vehicle shall pay due attention to the traffic of the opposite direction and the traffic in front of the motor vehicle traveling ahead, and shall overtake the other motor vehicle traveling ahead at a safe speed and in a safe manner such as using the direction indictors, lights or horn, considering the speed and route of the motor vehicle traveling ahead and the road conditions. |
| (4) |
When another motor vehicle is attempting to overtake that motor vehicle in the manner provided for in paragraphs (1) through (3) or Article 60 (2), the driver of any motor vehicle shall not impede the other motor vehicle trying to overtake the motor vehicle by competing with the other motor vehicle by driving at a higher speed or blocking the other motor vehicle trying to overtake the motor vehicle in front of it. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 22 (Time and Place of Prohibition on Overtaking) |
|
| (1) |
The driver of any motor vehicle shall be prohibited from passing another motor vehicle running ahead of it in any of the following cases: |
| 1. |
Where another motor vehicle is traveling along on the left-hand side of the motor vehicle running ahead of it; |
| 2. |
Where the motor vehicle running ahead is passing another motor vehicle or intends to pass another motor vehicle. |
| (2) |
The driver of any motor vehicle shall be prohibited from overtaking another motor vehicle falling under any of the following subparagraphs: |
| 1. |
Motor vehicle that stops or travels slowly in accordance with this Act or any order under this Act; |
| 2. |
Motor vehicle that stops or travels slowly in accordance with instructions given by police officers; |
| 3. |
Motor vehicle that stops or travels slowly in order to prevent danger. |
| (3) |
The driver of any motor vehicle shall be prohibited from passing another motor vehicle running ahead of it at any of the points falling under the following subparagraphs: |
| 3. |
The surface of any bridge; |
| 4. |
The curve of a road, the area near summit of a sloping road or the decline of a steeply sloping road, etc, that are recognized by the Commissioner of the Local Police Agency as being necessary to prevent danger on the road and ensure safe and smooth flow of traffic, and are also designated by safety signs. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 23 (Prohibition on Cutting In) |
|
The driver of any motor vehicle shall not change lanes in front of the motor vehicles falling under any subparagraph of Article 22 (2).
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 24 (Passing Through Railroad Crossing) |
|
| (1) |
When intending to pass through a railroad crossing (hereinafter referred to as "railroad crossing"), the driver of any motor vehicle shall temporarily stop in front of the railroad crossing and then pass through the railroad crossing after confirming whether it is safe to cross: Provided, That the driver may cross the railroad crossing according to signals conveyed by the signal apparatus without temporarily stopping in front of the railroad crossing. |
| (2) |
The driver of any motor vehicle shall be prohibited from attempting to cross a railroad crossing when the crossing arm is lowered or is about to be lowered or the alarm system is sounding. |
| (3) |
When the driver of any motor vehicle is unable to drive the motor vehicle off the railroad crossing because of mechanical breakdown, etc. while passing through the railroad crossing, he/she shall request without delay the passengers to exit the motor vehicle to a safe place and then notify railroad officials and police officers thereof by using the emergency signal apparatus, etc. and other available means. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 25 (Means of Passing through Intersections) |
|
| (1) |
When intending to make a right-hand turn at an intersection, the driver of any motor vehicle shall turn to the right and slowly drive the motor vehicle along the right-hand side of the road. In such cases, the motor vehicle driver turning to the right shall give attention to a pedestrian or a bicycle stopping or going according to a signal. |
| (2) |
When intending to make a left-hand turn at an intersection, the driver of any motor vehicle shall turn to the left by using the inside of the center of the intersection while driving the motor vehicle through the median lane of the road: Provided, That in places recognized as being especially necessary by the Commissioner of the Local Police Agency, taking into account the traffic conditions of the intersection, the driver of any motor vehicle may pass through the intersection along the outside of the center thereof. |
| (3) |
Notwithstanding paragraph (2), when a bicycle rider intends to turn to the left, he/she shall go slowly by the right side of the road in advance and turn to the left at the edge of a crossroad. |
| (4) |
Where the driver of any motor vehicle sends a signal by using the hand, the direction indicators or lights in order to make a right- or left-hand turn pursuant to paragraphs (1) through (3), the driver of any motor vehicle following the motor vehicle sending the signal shall not impede the passage of the latter. |
| (5) |
When intending to drive a motor vehicle into the intersection in which traffic is controlled by signal apparatus, no driver of any motor vehicle shall drive the motor vehicle into the intersection where the situation of another motor vehicle in front in his/her direction makes him/her stop his/her motor vehicle in the intersection (where a stoppage line is marked, referring to the area of such stoppage line that is crossed) and it is likely to impede traffic of other motor vehicles. |
| (6) |
When intending to drive the motor vehicle into the intersection where traffic is not controlled but safety signs indicating a temporary stop or yield are functioning, the driver of any motor vehicle shall temporarily stop or yield the right of way in order not to impede the traffic flow of other motor vehicles. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 26 (Yield Driving at Intersection Where Traffic Is Not Controlled) |
|
| (1) |
The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when the motor vehicle is already traveling through the intersection. |
| (2) |
Where the width of the intersection is wider than that of the road on which the motor vehicle is running, the driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall drive the motor vehicle slowly, and when another motor vehicle is trying to enter the intersection from a road, the width of which is wider than that of the intersection, shall yield the right of way the other motor vehicle. |
| (3) |
A motor vehicle driver intending to enter an intersection at the same time where no traffic control is made shall yield the right of way to a motor vehicle on the right side of the road. |
| (4) |
The driver of any motor vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall yield the right of way to any other motor vehicle, when any other motor vehicle intends to proceed straight through or make a right-hand. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 27 (Protection of Pedestrians) |
|
| (1) |
When pedestrians (including a bicycle rider who gets off a bicycle and walk the bicycle pursuant to Article 13-2 (6)) are passing along the crosswalk, the driver of any motor vehicle shall temporarily stop in front of the crosswalk (if the stoppage line is marked on the crosswalk, referring to the stoppage line) so as not to impede their passage or endanger them. |
| (2) |
No driver of any motor vehicle shall impede the traffic of pedestrians crossing the road according to the signal apparatus and signals or instructions given by police officers where the driver intends to make a left- or right-hand turn to the right at the intersection where traffic is controlled. |
| (3) |
No driver of any motor vehicle shall impede the traffic of pedestrians crossing the intersection or the road in the vicinity of the intersection where traffic is controlled. |
| (4) |
The driver of any motor vehicle shall drive the motor vehicle slowly while maintaining a safe distance where pedestrians are passing through a safety zone that is set up on the road and his/her motor vehicle passes by pedestrians on a narrow road on which the lane for motor vehicles is not drawn. |
| (5) |
When a motor vehicle is crossing the road on which a crosswalk is not opened pursuant to Article 10 (3), the motor vehicle driver shall temporarily stop his/her motor vehicle while maintaining a safe distance in order for pedestrians to safely cross the road. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 28 (Opening Exclusive Roads for Pedestrians) |
|
| (1) |
When it is deemed especially necessary to protect the traffic of pedestrians, the Commissioner of the Local Police Agency and the head of any police station may open an exclusive road for pedestrians on the road. |
| (2) |
The drivers of motor vehicles and the riders of horses shall be prohibited from passing through the exclusive road for pedestrians referred to in paragraph (1): Provided, That when it is especially deemed necessary, the Commissioner of the Local Police Agency and the head of any police station may permit drivers of motor vehicles and riders of horses to pass through an exclusive road for pedestrians. |
| (3) |
Drivers of motor vehicles and riders of horses who are permitted to pass through an exclusive road for pedestrians pursuant to the proviso to paragraph (2) shall drive their motor vehicles and ride their horses at the walking speed of pedestrians or temporarily stop so as not to endanger pedestrians or impede the traffic of pedestrians. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 29 (Priority Traffic of Emergency Motor Vehicles) |
|
| (1) |
Any emergency motor vehicle may pass through the center or the left-hand side of the road due to emergent or inevitable reasons, notwithstanding Article 13 (3). |
| (2) |
No emergency motor vehicle may stop due to emergent or inevitable reasons, notwithstanding cases in which it is required to stop in compliance with this Act or any order under this Act. |
| (3) |
In case of paragraph (1) or (2), the driver of any emergency motor vehicle shall drive the emergency motor vehicle while paying particular attention to the safety of traffic. |
| (4) |
When any emergency motor vehicle is approaching the intersection or in the vicinity of the intersection, the driver of any motor vehicle shall pull away from the intersection to temporarily stop on the right-hand edge of the road: Provided, That where the act of pulling over to the right-hand side of a road that is for one-way traffic impedes the traffic flow of the emergency motor vehicle, the driver of any motor vehicle may pull over to the left edge of the road to temporarily stop. |
| (5) |
When any emergency motor vehicle is approaching a place other than the place referred to in paragraph (4), the driver of any motor vehicle shall pull over to the right-hand edge of the road to yield the right of way: Provided, That when the act of pulling over to the right-hand edge of a road that is for one-way traffic impedes the traffic flow of emergency motor vehicles, the driver of any motor vehicle may pull over to the left-hand edge of the road to give way. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 30 (Special Case of Emergency Motor Vehicles) |
|
Matters falling under any of the following subparagraphs shall not apply to emergency motor vehicles:
| 1. |
Restrictions on the speed of motor vehicles provided for in Article 17: Provided, That where the speed of emergency motor vehicles is restricted on emergency motor vehicles under Article 17, the provisions of the same Article shall apply to them; |
| 2. |
Prohibition on the act of overtaking any other motor vehicle provided for in Article 22; |
| 3. |
Prohibition on the act of cutting in front of other motor vehicles provided for in Article 23. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 31 (Places for Motor Vehicles to Travel Slowly or Temporarily Stop) |
|
| (1) |
The driver of any motor vehicle shall slowly drive the motor vehicle in any place falling any of the following subparagraphs: |
| 1. |
An intersection where traffic is not controlled; |
| 2. |
At the vicinity of a bend in the road; |
| 3. |
At the vicinity of the summit of a sloping road; |
| 4. |
The decline of a steeply sloping road; |
| 5. |
A place that is designated by safety signs by the Commissioner of the Local Police Agency after recognizing such place as being necessary to prevent danger on the road and ensure safe and smooth flow of traffic. |
| (2) |
The driver of any motor vehicle shall temporarily stop in the place falling under either of the following subparagraphs: |
| 1. |
An intersection where traffic is not controlled, it is impossible to view the left and the right or the traffic is heavy; |
| 2. |
A place designated by safety signs by the Commissioner of the Local Police Agency after recognizing such place as being necessary to prevent dangers on the road and ensure safe and smooth flow of traffic. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 32 (Prohibition on Stopping and Parking Motor Vehicles) |
|
The driver of any motor vehicle shall be prohibited from stopping or parking a motor vehicle in any place falling under any of the following subparagraphs: Provided, That the same shall not apply to cases where the driver of any motor vehicle temporarily stops his/her motor vehicle in accordance with this Act, any order under this Act or instructions given by police officers in order to prevent danger:
| 1. |
An intersection, crosswalk, road crossing, the sidewalk of a road that is divided into a sidewalk and a roadway (excluding any road parking area that is established across both a roadway and sidewalk); |
| 2. |
A place that is located within 5 meters from the edge of an intersection or the corner of a road; |
| 3. |
A place that is located within 10 meters from any side of a safety zone on a road marked with a safety zone; |
| 4. |
A place that is located within 10 meters from where any pillar, any board or any line indicating a bus stop is located or marked: Provided, That the same shall not apply to cases where any bus driver stops or parks a bus in order for passengers to board or alight from the bus at any bus stop located along the service route during service hours; |
| 5. |
A place that is located within 10 meters from the edge of a road crossing or crosswalk; |
| 6. |
A place designated by the Commissioner of the Local Police Agency as being necessary to prevent danger on the road and ensure the safety and the smooth flow of traffic of the road. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 33 (Places Where Parking Motor Vehicles Is Prohibited) |
|
The driver of any motor vehicle shall be prohibited from parking a motor vehicle in any place falling under any of the following subparagraphs:
| 1. |
The inside of a tunnel and on a bridge; |
| 2. |
A place that is located within 3 meters from a fire alarm box; |
| 3. |
A place that is located within 5 meters from a place falling under any of the following items: |
| (a) |
A place where fire-fighting machinery and appliances are kept; |
| (b) |
A fire-fighting or fire-prevention water tank; |
| (c) |
A hole in which a fire hydrant or an absorption tube or absorption muzzle of a fire-fighting and fire-prevention tank is housed; |
| (d) |
Where any road works are under way, both edges of the working area; |
| 4. |
A place that is designated by the Commissioner of a Local Police Agency as being necessary to prevent danger on the road and ensure safe and smooth flow of traffic. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 34 (Ways to Stop and Park Motor Vehicles and Restrictions on Timing) |
|
When a driver of any motor vehicle intends to stop or park a motor vehicle on a road or road-side parking area, he/she shall stop the motor vehicle on the right-hand edge of the roadway and observe ways to stop and park the motor vehicle, the timing and prohibited matters, etc. prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 34-2 (Special Cases of Places Where Stopping or Parking is Prohibited) |
|
Notwithstanding subparagraph 6 of Article 32 or subparagraph 4 of Article 33, motor vehicles may be stopped or parked in a place where the Commissioner of a Local Police Agency has permitted stopping or parking with safety signs after specifying the zone, time, method and kind of motor vehicle among places in which stopping or parking of motor vehicle is prohibited under subparagraph 6 of Article 32 or subparagraph 4 of Article 33.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 35 (Measures against Violation of Motor Vehicle Parking) |
|
| (1) |
When any motor vehicle parked in violation of Article 32, 33 or 34 is likely to cause danger to traffic or impede the flow of traffic, any of the following persons may order the driver of the relevant motor vehicle or the person in charge of management to change the way in which such motor vehicle is parked or to relocate the parked motor vehicle to another place: |
| 2. |
A public official (hereinafter referred to as "public official of a Si/Gun") appointed by the Mayor, etc. (including the Do Governor; hereinafter the same shall apply in this Article), as prescribed by Presidential Decree. |
| (2) |
In cases of paragraph (1), when the driver of the motor vehicle or the person in change of management is absent from the location, the head of a police station or the Mayor, etc. may change the way in which the motor vehicle is parked in person or take measures necessary to change the way in which the motor vehicle is parked in order to prevent danger on the road and ensure safe and smooth flow of traffic within the necessary limit or relocate the motor vehicle to the competent police station, or a place designated by the head of the competent police station or the competent Mayor, etc under inevitable circumstances. |
| (3) |
Where the motor vehicle parked in violation of the manner of parking referred to in paragraph (2) is relocated to the competent police station, or a place that is designated by the head of the competent police station or the competent Mayor, etc., the relevant head of police station or the relevant Mayor, etc. shall keep the motor vehicle in custody with the duty of due care of a good manager's and notify without delay the user of the motor vehicle (referring to the owner or the person who is entrusted by the owner to manage the motor vehicle; hereinafter the same shall apply) or the driver of the motor vehicle of such fact and take measures necessary to return the motor vehicle. |
| (4) |
In case of paragraph (3), when it is impossible to identify the name and domicile of the user of the motor vehicle or the driver of the motor vehicle, the relocation shall be published in a manner as prescribed by Presidential Decree. |
| (5) |
Notwithstanding the measure and the publication that are necessary to return the motor vehicle pursuant to paragraphs (3) and (4), when the user of the motor vehicle or the driver of the motor vehicle fails to request the return of the motor vehicle within one month from the date on which such measure or publication is made, the head of police station or the Mayor, etc. may sell or scrap the relevant motor vehicle as prescribed by Presidential Decree. |
| (6) |
Expenses which are incurred by the relocation, custody, publication, sale or scrapping, etc. of the motor vehicle that violates the manner of parking under paragraphs (2) through (5) shall be borne by the user of the motor vehicle. In such cases, Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply to the collection of such expenses. |
| (7) |
Where the motor vehicle is sold or scrapped pursuant to paragraph (5), any balance that remains after appropriating the expenses that are required to relocate, keep, publish, sell and scrap the motor vehicle shall be paid to the user of the motor vehicle: Provided, That where it is impossible to pay the balance to the user of the motor vehicle, the balance shall be deposited pursuant to the Deposit Act. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 36 (Towing and Keeping Motor Vehicles by Agent) |
|
| (1) |
The head of a police station or the Mayor, etc. may get any corporation, any organization and any individual (hereinafter referred to as "corporation, etc.") meeting the qualifications including manpower, facilities and equipment, etc. necessary to perform all or part of the work of towing, keeping and returning motor vehicles that are towed by agent pursuant to Article 35. |
| (2) |
The requirements of human resources, facilities and equipment, etc. that must be met by any corporation, etc. that performs the work of towing, keeping and returning motor vehicles by proxy pursuant to paragraph (1) and other matters concerning the performance of work by agent shall be prescribed by Presidential Decree. |
| (3) |
Where the head of a police station or the Mayor, etc. has the work of towing, keeping and returning motor vehicles performed by agent under paragraph (1), he/she may order to take measures and conduct education, necessary to perform such work. |
| (4) |
The executives and employees in charge of any corporation, etc. towing, keeping and returning motor vehicles by agent pursuant to paragraph (1) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 37 (Motor Vehicle Lights) |
|
| (1) |
The driver of any motor vehicle shall keep its headlights, sidelights, taillights and other lights alight as prescribed by Presidential Decree in any of the following cases: |
| 1. |
Where the driver stops or parks the motor vehicle due to breakdown or other inevitable reasons when he/she drives his/her motor vehicle at night (referring to the period from sunset to sunrise; hereinafter the same shall apply); |
| 2. |
Where the driver stops or parks the motor vehicle on the road due to breakdown or inevitable reasons when it is foggy, rains or snows while driving the motor vehicle on the road; |
| 3. |
When the driver stops or parks the motor vehicle on the road in the tunnel because he/she is driving through the tunnel or due to breakdown or other unavoidable circumstances. |
| (2) |
Where a motor vehicle runs head on with any other motor vehicle or travels just behind any other motor vehicle ahead of it at night, the motor vehicle driver shall take measures to reduce the brightness of its lights or temporarily turn off its lights as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 38 (Signals of Motor Vehicles) |
|
| (1) |
When intending to turn to the right or the left, cross a road, the driver of any motor vehicle shall make a U-turn, drive the motor vehicle slowly, stop the motor vehicle, drive the motor vehicle in reverse, change course while driving the motor vehicle in the same direction, convey hand signals, use its direction indicators or lights until completely ends such acts. |
| (2) |
The timing for, and manner of conveying signals referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 39 (Methods of, and Restrictions on Boarding or Loading) |
|
| (1) |
Concerning the number of passengers, loading weight and loading capacity, the driver of any motor vehicle shall be prohibited from driving a motor vehicle with passengers or freight to be loaded in excess of the traffic safety standards prescribed by Presidential Decree: Provided, That the same shall not apply to cases where permission therefor is obtained from the head of police station having jurisdiction over the place of departure. |
| (2) |
The driver of any motor vehicle shall take measures necessary to correctly open and close the doors of the motor vehicle in order to prevent passengers aboard, boarding or alighting his/her motor vehicle from falling out of the motor vehicle while driving the motor vehicle. |
| (3) |
The driver of any motor vehicle shall take measures necessary to have loaded freight covered and fastened in order to prevent it from falling off while driving his/her motor vehicle. |
| (4) |
The driver of any motor vehicle shall be prohibited from driving any motor vehicle while holding any animal or any infant in his/her arms or carrying Articles in his/her seat that are feared to impede the safety of the motor vehicle. |
| (5) |
When it is deemed necessary to prevent dangers on the road and ensure safe and smooth flow of traffic, the Commissioner of the Local Police Agency may get the driver of any motor vehicle to restrict the number of passengers aboard, the weight loaded and the loading capacity. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 40 (Prohibition on Driving Motor Vehicles in Poor Repair) |
|
The user, the person in charge of maintenance or the driver of any motor vehicle shall be prohibited from allowing anyone to drive or from driving any motor vehicle, the mechanisms of which are not maintained in compliance with an order given pursuant to the Automobile Management Act, the Construction Machinery Management Act and this Act (hereinafter referred to as "poorly repaired motor vehicle").
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 41 (Checks of Vehicles in Poor Repair) |
|
| (1) |
When any motor vehicle deemed poorly repaired is traveling, police officers may first stop the motor vehicle and then request the driver of such motor vehicle to produce the motor vehicle registration certificate or the driver's license and check its mechanisms. |
| (2) |
When any motor vehicle is found to be poorly repaired as a result of the check referred to in paragraph (1), police officers may have the driver of the motor vehicle drive the motor vehicle after taking emergency measures according to the extent of its poor maintenance or have the driver continue to drive this motor vehicle after determining the section and the traffic route and laying down conditions necessary to prevent dangers, considering the condition of traffic. |
| (3) |
When the state of maintenance of any motor vehicle is extremely poor and the motor vehicle is likely to cause danger, the Commissioner of the Local Police Agency may keep the motor vehicle registration certificate of the motor vehicle in custody and order the driver of the motor vehicle to temporarily stop, notwithstanding paragraph (2). In these cases, if it is deemed necessary, the Commissioner of the Local Police Agency may set a maintenance period within 10 days and order the suspension of the use of the motor vehicle during the maintenance period. |
| (4) |
Necessary matters concerning the check of mechanisms and the suspension of use referred to in paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 42 (Restrictions on Similar Signs and Prohibition on Driving Motor Vehicles) |
|
| (1) |
No one shall drive any motor vehicle similar to a motor vehicle used to patrol traffic, a motor vehicle used to investigate crimes or an emergency motor vehicle, make paintwork and markings that cause abhorance or drive any motor vehicle, etc. marked with such paintwork, markings, etc. |
| (2) |
The scope of paintwork, markings, etc. that are restricted pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅳ OBLIGATIONS OF DRIVERS AND EMPLOYERS, ETC.
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| Article 43 (Prohibition on Driving Motor Vehicle without Driver's License) |
|
Anyone who does not obtain his/her own driver's licence from the Commissioner of a Local Police Agency pursuant to Article 80 or anyone who holds a driver's license, the effect of which is suspended, shall be prohibited from driving any motor vehicle.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 44 (Prohibition on Driving While Intoxicated) |
|
| (2) |
When it is deemed necessary to ensure the safety of traffic and prevent danger and anyone is evidently deemed to be driving a motor vehicle, etc. while intoxicated in violation of paragraph (1), police officers (excluding any autonomous police officer; hereinafter the same shall apply in this paragraph) may require him to take a breath test in order to determine whether that person is intoxicated. In such cases, the driver shall comply with the breath test required by any police officer. |
| (3) |
With respect to any driver who refuses to accept the result of a test pursuant to paragraph (2), another test may be conducted using the driver's blood collected after obtaining the driver's consent therefor. |
| (4) |
The threshold for the state of intoxication at which anyone is prohibited from driving a motor vehicle, etc. pursuant to paragraph (1) shall be not less than 0.05 percent of blood-alcohol concentration. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 45 (Prohibition on Driving Motor Vehicles on Grounds of Overwork) |
|
In addition to driving while intoxicated under Article 44, the driver of any motor vehicle, etc. shall be prohibited from driving a motor vehicle, etc. in a state that makes it impossible for him/her to drive a motor vehicle, etc. normally due to the impact of overwork, sickness or the influence of drugs (referring to narcotics, marijuana, psychotropic drugs and others prescribed by Ordinance of the Ministry of Public Administration and Security; hereinafter the same shall apply) or other reasons.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 46 (Prohibition on Dangerous Collective Conduct) |
|
| (1) |
The drivers of two or more motor vehicles, etc. shall be prohibited from driving their motor vehicles, etc. in a row or side by side without justifiable grounds, in a manner that endangers other persons and causes danger to traffic. |
| (2) |
Passengers in a motor vehicle, etc. shall not take the lead in any dangerous collective conduct pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 46-2 (Prohibition of Interference with Functions of Traffic Regulation Equipment) |
|
No one shall manufacture, import, sell or install a device interfering with functions of traffic regulation equipment for the purpose of avoidance of traffic regulation.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 47 (Measures to Prevent Danger) |
|
| (1) |
When a driver of any motor vehicle, etc. is deemed to be driving his/her motor vehicle, etc. in violation of Articles 43 through 45, police officers may first stop the motor vehicle and then ask the driver of such motor vehicle, etc. to produce his/her driver's license (hereinafter referred to as "driver's license"). |
| (2) |
With respect to anyone who drives a motor vehicle, etc. in violation of Articles 44 and 45, police officers may order the driver of the motor vehicle, etc. to stop driving the motor vehicle, etc. until the point at which he/she is able to drive normally the motor vehicle, etc. and take other necessary measures against the driver. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 48 (Duties of Safe and Eco-Driving) |
|
| (1) |
Every motor vehicle driver shall correctly operate the steering system, brakes and other devices of his/her motor vehicle and shall not drive his/her motor vehicle at a speed and in a manner that endangers and impedes other persons according to the traffic conditions of the relevant road and the structure and performance of his/her motor vehicle. |
| (2) |
Every motor vehicle driver shall endeavor to reduce fuel consumption and carbon emissions by driving in an environmentally-friendly and economical way. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 49 (Matters to Be Observed by Every Driver) |
|
| (1) |
Every motor vehicle driver shall observe any of the following matters: |
| 1. |
When driving any motor vehicle on any water puddle, no driver shall cause harm to other persons by splashing those persons with muddy water; |
| 2. |
In any of the following events, a motor vehicle driver shall temporarily stop his/her motor vehicle: |
| (a) |
When a driver recognizes danger of a traffic accident involving children, including cases when children are crossing the road unaccompanied by their caregivers, when children are sitting, standing or playing on the road; |
| (b) |
When a blind person who holds a white cane or is accompanied by a guide dog is crossing the road; |
| (c) |
When physically handicapped persons or senior citizens who are unable to use road-crossing facilities, such as underpass and overpass, are crossing the road; |
| 3. |
No driver shall drive a motor vehicle that may impede the safe flow of traffic since light transmission ratio of visible light of shade of front windscreen and front left door glass and front right door glass fall short of the standards set by Presidential Decree: Provided, That motor vehicles used by security guards for key figures, ambulances and funeral motor vehicles shall be excluded; |
| 4. |
No driver shall drive any motor vehicle equipped with devices that disturb the function of traffic law enforcement devices or other apparatuses that make it possible to impede flow of traffic safety, in unconformity with the standards prescribed by Ordinance of the Ministry of Public Administration and Security; |
| 5. |
No driver shall impede motor vehicle or horse traffic by engaging in any quarrel, dispute, etc. while parking his/her motor vehicle, etc. on the road; |
| 6. |
A driver shall stop the engine and check the brakes thoroughly before leaving a driver's seat in order to maintain the motor vehicle in a safe state of parking and take measures necessary to prevent any other person from driving the motor vehicle without the driver's consent; |
| 7. |
No driver shall open the doors of the motor vehicle or get off the motor vehicle without confirming the safety of the motor vehicle or persons and shall take measures necessary to prevent his/her passengers from causing any danger to traffic; |
| 8. |
No driver shall generate any noise that damages other persons by performing any act falling under any of the following items without justifiable grounds: |
| (a) |
The act of starting any motor vehicle abruptly and accelerating any motor vehicle abruptly; |
| (b) |
The act of increasing the motor's revolutions per minute without transmitting the power of the motor vehicle's motor to the wheels of the motor vehicle; |
| (c) |
The act of repeatedly or continuously sounding the horn; |
| 9. |
No driver shall drive any motor vehicle in which passengers are engaged in any disorderly conduct including dancing, without restricting such conduct thereof to the extent that such conduct impedes the driving of the motor vehicle; |
| 10. |
No driver shall use a cell phone (including a car phone) while driving a motor vehicle, etc.: Provided, That the same shall not apply to cases falling under any of the following items: |
| (a) |
Where a motor vehicle, etc. stops; |
| (b) |
Where an emergency motor vehicle is being driven; |
| (c) |
Where it is necessary to report without delay various kinds of crimes or any accident; |
| (d) |
Where any device prescribed by Presidential Decree as not impeding the safe driving of any motor vehicle is being used; |
| 11. |
No driver shall watch digital multimedia broadcast while driving any motor vehicle; |
| 12. |
No driver shall drive any motor vehicle loaded with freight containers while persons are sitting thereon; |
| 13. |
A driver shall follow matters that are designated and published by the Commissioner of a Local Police Agency who recognizes them as being necessary to maintain the safety and order of traffic. |
| (2) |
When police officers find any motor vehicle that violates paragraph (1) 3 and 4, they may require the driver of the motor vehicle in question to remove infringing matters on the spot or order him/ her to take necessary measures. In such cases, when the driver fails to comply with the order, police officers may remove infringing matters and take necessary measures. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 50 (Matters to Be Observed by Specific Drivers) |
|
| (1) |
A driver of any motor vehicle (excluding any two-wheeled vehicle) shall fasten the seat belt thereof while driving his/her motor vehicle and require any passenger seated beside him/her to fasten that passenger's seat belt (in cases of an infant, this refers to the seat belt after an infant safety harness is mounted; hereinafter the same shall apply): Provided, That the same shall not apply to cases where it is difficult to fasten the seat belt due to any illness, etc. or due to any ground prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
A driver of any motor vehicle (excluding any two-wheeled vehicle) shall remind passengers, other than passenger sitting beside the driver to fasten their seat belts, and in cases of any automobile, if an infant takes a seat other than the seat beside the driver, the driver shall fasten such infant's seat belt. |
| (3) |
A driver of any two-wheeled vehicle and any motorcycle shall only drive it after wearing a safety harness prescribed by Ordinance of the Ministry of Public Administration and Security and shall require any other person riding thereon to wear a safety harness. |
| (4) |
When a bicycle rider rides a bicycle carrying a child, he/she shall put a life protection outfit prescribed by Ordinance of the Ministry of Public Administration and Security on such child. |
| (5) |
A driver of any motor vehicle, including any motor vehicle used for transport business or a truck, etc. prescribed by Ordinance of the Ministry of Public Administration and Security, shall be prohibited from performing any of the following acts: |
| 1. |
The act of driving any motor vehicle not equipped with a tachograph or equipped with a tachograph that is unusable due to a malfunction, etc.; |
| 2. |
The act of driving any motor vehicle without using a tachograph for its original purpose. |
| (6) |
A taxicab driver shall not share his/her cab for strangers while a passenger is on board, refuse to take passengers or receive more than reported fare. |
| (7) |
Any bicycle rider shall not ride a bicycle which does not meet the size and structure prescribed by Ordinance of the Ministry of Public Administration and Security and may cause danger to traffic safety. |
| (8) |
Any bicycle rider shall not ride a bicycle while drunk or under the influence of drugs or of other reasons that he/she is likely not to ride a bicycle normally. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 51 (Special Protection of School Buses for Children) |
|
| (1) |
When any school bus for children stops on the road and operates its devices such as warning lamps, indicating that children or infants are boarding or alighting such school bus, the driver of any motor vehicle driving in the lane on which the school bus has parked and the driver of any other motor vehicle that is driving in the lane just beside the former shall temporarily stop before reaching the school bus and then drive slowly the motor vehicle after checking the safety of such movement. |
| (2) |
In case of paragraph (1), the driver of any motor vehicle driving in the opposite direction on a road along which no median line is marked or along a two-lane road shall temporarily stop the motor vehicle before reaching the school bus and then drive slowly the motor vehicle after checking the safety of such movement. |
| (3) |
A driver of any motor vehicle shall be prohibited from overtaking any school bus for children travelling along road while indicating that children or infants are abroad the school bus. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 52 (Report, etc. of School Buses for Children) |
|
| (1) |
When anyone who operates any bus used to transport children to school intends to be eligible for the protection provided for in Article 51, he/she shall report such intention beforehand to the head of the competent police station and receive issue of a certificate of the report from the latter. |
| (2) |
Anyone who operates any school bus for children shall always retain the certificate of the report that is issued pursuant to paragraph (1) inside each of such school buses. |
| (3) |
Motor vehicles that can be reported as school buses for children under paragraph (1) shall be limited to motor vehicles prescribed by Ordinance of the Ministry of Public Administration and Security. In such cases, such motor vehicles shall meet such requirements as paintwork, markings, current insurance policy and the relationship to owner, etc. as prescribed by Presidential Decree. |
| (4) |
No one shall do paintwork and markings on any motor vehicle in the manner which are similar to those affixed to school buses without making a report thereof pursuant to paragraph (1), and drive any motor vehicle with such paintwork and signs affixed. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 53 (Duties of Drivers and Operators of School Buses for Children) |
|
| (1) |
A driver of any school bus for children shall operate the warning lamps, etc. provided for in Article 51 (1) only where children or infants board and alight from such school bus and shall make the indication provided for in Article 51 (3) only where that school bus is traveling with children and infants on board it. |
| (2) |
A driver of any school bus for children shall start driving the school bus after checking that children and infants are seated and have arrived at a safe place including the sidewalk or the roadside area when they board or alight from the school bus. |
| (3) |
An operator of any school bus for children shall arrange for a guardian who falls under any of the following subparagraphs to board a school bus for children with children and infants aboard: |
| 5. |
A person who is nominated by the operator of any school bus for children. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 53-2 (Obligations of Drivers of Motor Vehicles for Children) |
|
A driver of any motor vehicle (excluding the motor vehicle reported under Article 52; hereinafter referred to as "motor vehicle for children") used for transporting children to and from the facilities educating children among those falling under each item of subparagraph 23 of Article 2 shall get out of the motor vehicle for children and confirm whether children have arrived at a safe place away from a motor vehicle including the roadside area when they board or alight from the motor vehicle: Provided, That the same shall not apply to cases where an adult who helps children get in or get out of the motor vehicle board.
[This Article Newly Inserted by Act No. 10790, Jun. 8, 2011]
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| Article 53-3 (Safety Education for Operators of School Buses for Children and Motor Vehicles for Children, etc.) |
|
| (1) |
Operators and drivers of school buses for children and motor vehicles for children (hereinafter referred to as "school buses for children, etc.") shall receive safety education regarding school buses for children. etc. |
| (2) |
Necessary matters concerning method, procedure, etc. of safety education regarding school buses for children, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10790, Jun. 8, 2011]
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| Article 54 (Measures Taken When Accidents Occur) |
|
| (1) |
When any person is killed or injured or any goods is harmed by traffic, such as driving, etc. of any motor vehicle (hereinafter referred to as "traffic accident"), the driver and the occupants (hereinafter referred to as "driver, etc.") of the relevant motor vehicle shall immediately bring the motor vehicle to a stop and take measures necessary to provide assistance to casualties. |
| (2) |
In case of paragraph (1), when police officers are present on the scene, the driver, etc. of the motor vehicle shall report without delay any of the following matters to the police officers, and when police officers are not present at the scene, the driver, etc. shall report the matters to the nearest state police station (including an area patrol unit, a police substation or a police detachment; hereinafter the same shall apply): Provided, That the same shall not apply to a case where only the motor vehicle running is evidently damaged and necessary measures are taken to prevent any danger and ensure smooth flow of traffic along the road: |
| 1. |
The place where the accident occurs; |
| 2. |
The number of casualties and the extent of any injuries; |
| 3. |
Items damaged and the extent of such damage; |
| 4. |
Other measures, etc. that are taken. |
| (3) |
The police officers of the state police station who receive a report pursuant to paragraph (2) shall provide assistance to the injured and when it is deemed necessary to prevent any further traffic danger, order the driver, etc. who makes the report to wait at the scene until police officers (excluding any autonomous police officer) arrive at the scene. |
| (4) |
Police officers may give orders or directions to the driver, etc. who has caused the accident regarding providing assistance give aid to the injured and regarding the safety of the traffic. |
| (5) |
The driver of any emergency motor vehicle, the driver of any motor vehicle that is transporting any injured person and the driver of any postal motor vehicle may, in the case of an emergency, arrange for a person aboard the motor vehicles to take the measures referred to in paragraph (1) and make the report referred to in paragraph (2) and then continue to drive such motor vehicles. |
| (6) |
When any traffic accident occurs, police officers (excluding any autonomous police officer) shall take necessary measures as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 55 (Prohibition on Hindering Measures Taken When Accident Occurs) |
|
In case where any traffic accident occurs, no one shall hinder measures taken by the driver, etc. or the making of the reporting under Article 54 (1) and (2).
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 56 (Obligations of Employers, etc.) |
|
| (1) |
A person who employs drivers of motor vehicles, a person who is in charge of the managing drivers of motor vehicles and motors vehicles or users of motor vehicles (hereinafter referred to as "employer, etc.") shall always caution such drivers to observe this Act and comply with any order under this Act and shall supervise them. |
| (2) |
The employer, etc., knowing that he/she is trying to drive a motor vehicle or allow such driver to drive any motor vehicle, shall not neglect to prevent any driver who is prohibited from driving any motor vehicle pursuant to Articles 43 through 45. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅴ SPECIAL EXAMPLES OF EXPRESSWAYS AND EXCLUSIVE ROADS FOR MOTOR VEHICLES
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| Article 57 (Common Provisions) |
|
Methods, etc. for motor vehicles or pedestrians to cross on expressways or exclusive roads for motor vehicles (hereinafter referred to as "expressways, etc.") shall be governed by this CHAPTER, and matters other than those prescribed in this CHAPTER shall be governed by CHAPTERs Ⅰ through Ⅳ.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 58 (Measures Taken to Prevent Danger, etc.) |
|
When the traffic of any expressway, etc. is likely to be dangerous or congested due to the damage of any road, the occurrence of any traffic accident and other circumstances, police officers (excluding any autonomous police officer) shall prohibit or restrict the traffic flow of motor vehicles that are travelling on such expressway, etc. within the necessary range or order drivers of motor vehicles to take necessary measures in order to prevent any traffic danger or any traffic congestion and ensure safe and smooth flow of traffic thereon.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 59 (Installation and Management of Traffic Safety Facilities) |
|
| (1) |
A manager of an expressway shall install and manage traffic safety facilities in order to prevent any danger on such expressway and to ensure safe and smooth flow of traffic thereon. In such cases, the manager of each expressway shall consult with the Commissioner General of the National Police Agency thereabout, when he/she intends to install such traffic safety facilities. |
| (2) |
The Commissioner General of the National Police Agency may instruct the manager of every expressway about matters necessary to manage traffic safety facilities. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 60 (Prohibition, etc. on Traffic of Roadside) |
|
| (1) |
The driver of every motor vehicle shall drive his/her motor vehicle along lanes prescribed by Ordinance of the Ministry of Public Administration and Security, except where prevented from doing so due to inevitable reasons such as the breakdown of his/her motor vehicle on the expressway and other inevitable circumstances, and shall not drive his/her motor vehicle on the roadside (referring to the shoulder provided for in the Road Act): Provided, That the same shall not apply where any emergency motor vehicle is driven and any motor vehicle used to repair and maintain, etc. the expressway is driven. |
| (2) |
When intending to overtake any other motor vehicle on the expressway, the driver of any motor vehicle shall safely drive the motor vehicle along the lane prescribed by Ordinance of the Ministry of Public Administration and Security by using direction indicators, lights and horn. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 61 (Marking of Exclusive Lane on Expressway) |
|
| (1) |
The Commissioner General of the National Police Agency may, when it is especially necessary to ensure the smooth flow of traffic of the expressway, mark an exclusive lane on the expressway. |
| (2) |
Article 15 (2) and (3) shall apply mutatis mutandis to the types, etc. of exclusive lanes of the expressway referred to in paragraph (1). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 62 (Prohibition on Crossing, etc.) |
|
The driver of any motor vehicle shall not cross an expressway, etc., making a U-turn, or moving in reverse on an expressway while driving a motor vehicle on the expressway: Provided, That the same shall not apply to any motor vehicle that is used to take emergency measures aimed at preventing and removing danger on an expressway and taking and performing emergency measures and the work relating to any traffic accident on the expressway among emergency motor vehicles or motor vehicles to perform the work of repair and maintenance, etc. of the road.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 63 (Prohibition on Traffic, etc.) |
|
A rider of any horse other than motor vehicles (two-wheeled vehicles are limited to emergency motor vehicles) or any pedestrian shall be prohibited from riding his/her horse or walking any expressway or crossing any expressway.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 64 (Prohibition on Stopping and Parking Motor Vehicles on Expressway, etc.) |
|
The driver of any motor vehicle shall not park or stop a motor vehicle on any expressway, etc.: Provided, That the same shall not apply to cases falling under any of the following subparagraphs:
| 1. |
Where the driver temporarily stops or parks a motor vehicle in compliance with the provisions of Acts and subordinate statutes or instructions given by police officers (excluding any autonomous police officer) or in order to prevent any danger; |
| 2. |
Where the driver stops or parks a motor vehicle in a place where safety signs are erected in order to permit motor vehicles to stop or park, or in the depot; |
| 3. |
Where the driver stops or parks a motor vehicle on the edge area of a road (including the roadside) due to breakdown or other inevitable reasons; |
| 4. |
Where the driver stops a motor vehicle to pay a toll at a tollgate; |
| 5. |
Where the manager of a road stops or parks a motor vehicle in order to repair, maintain or patrol the expressway, etc.; |
| 6. |
Where any police emergency motor vehicle stops or parks a motor vehicle in order to investigate any crime, regulate the traffic and perform other police duties; |
| 7. |
Where the driver temporarily stops or parks a motor vehicle on an expressway, etc. when the driver cannot drive the motor vehicle due to traffic congestion or other inevitable reasons. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 65 (Priority Order for Access to Expressway) |
|
| (1) |
When intending to drive a motor vehicle onto an expressway, the driver of any motor vehicle (excluding any emergency motor vehicle) shall not impede the traffic of other motor vehicles traveling on the expressway. |
| (2) |
When any emergency motor vehicle is entering an expressway, no driver of any motor vehicle shall impede the emergency motor vehicle's access to the expressway. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 66 (Measures Taken for Breakdown, etc.) |
|
When the driver of any motor vehicle is unable to drive a motor vehicle due to breakdown or inevitability on an expressway, etc., the driver shall display a sign (hereinafter referred to as "vehicle break-down sign") prescribed by Ordinance of the Ministry of Public Administration and Security and then take measures to relocate his/her motor vehicle to a place out of the expressway, etc.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 67 (Matters to Be Observed by Drivers and Passengers on Expressway, etc.) |
|
| (1) |
The driver of any motor vehicle prescribed by Ordinance of the Ministry of Public Administration and Security among motor vehicles that run on the expressway, etc., shall cause all of the passengers to fasten their seat belts, notwithstanding Article 50 (2): Provided, That the same shall not apply to cases where any passenger is unable to easily fasten his/her safety belt due to illness or other inevitable reasons prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
The driver of any motor vehicle that travels on an expressway, etc. shall always carry a break-down sign as provided for in Article 66 in order to ensure safe and smooth flow of traffic. When the driver finds it difficult to drive his/her motor vehicle due to breakdown or on other inevitable reasons, the driver shall stop the motor vehicle on the right-hand edge of the road and then display the break-down sign as prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 68 (Prohibited Conduct, etc. on Roads) |
|
| (1) |
No one shall operate signal apparatuses, or remove, relocate and damage traffic safety facilities or install traffic safety facilities or other artificial structures similar thereto on any road without permission therefor. |
| (2) |
No one shall leave Articles on the road which impede the traffic flow of the road without permission therefor. |
| (3) |
No one shall perform any activity falling under any of the following subparagraphs: |
| 1. |
Wandering on a road while intoxicated; |
| 2. |
Lying, sitting, or standing on a road in a manner that impedes the traffic flow on the road; |
| 3. |
Playing with a ball or riding on a sled on the busy road; |
| 4. |
Throwing or projecting any stone, any glass bottle, any iron scrap or any Article, any of which is likely to cause damage to any motor vehicle or horse; |
| 5. |
Throwing Articles from any motor vehicle or any horse traveling along a road; |
| 6. |
Jumping onto, clinging to or jumping from any motor vehicle or any horse that is traveling along a road; |
| 7. |
Any other activity designated and published by the Commissioner of a Local Police Agency after recognizing this as being necessary to prevent danger to traffic. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 69 (Report on Roadwork and Safety Measures, etc.) |
|
| (1) |
Anyone who intends to perform the work of digging, drilling, etc. the road (hereinafter referred to as "work contractor" in this Article) in compliance with any order given by a road management agency or road works agency shall report the date, the section, the works period, the manner in which the work is to be performed and other necessary matters to the head of the competent police station three days before commencing the works: Provided, That where it is necessary to perform any emergency works following a landslide, rupture of water mains, etc., such person shall take safety measures therefor and report thereon without delay after commencing the works. |
| (2) |
When the head of the competent police station judges that the traffic congestion in the area surrounding a construction site greatly increases at an unanticipated level, which is likely to seriously hamper the safety and smooth control of the traffic, he/she may get the relevant work contractor referred to in paragraph (1) to shorten his/her work hours and take other necessary measures, etc. after consulting thereabout beforehand with the road management agency. |
| (3) |
When it is necessary to control the traffic flow of motor vehicles and horses and give instructions, etc. during the works period, a work contractor shall install traffic safety facilities in compliance with the instructions given by the head of the competent police station. |
| (4) |
A work contractor shall, when his/her work damages traffic safety facilities, reinstate the damaged traffic safety facilities to their original state as prescribed by Ordinance of the Ministry of Public Administration and Security and then report the result thereof to the head of the competent police station. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 70 (Notification, etc. of Permission, etc. for Occupation and Use of Road) |
|
| (1) |
When a road management agency has performed an act falling under any of the following subparagraphs, it shall immediately notify the contents thereof to the Commissioner General of the National Police Agency in cases of expressways and to the head of the competent police station in cases of roads other than expressways: <Amended by Act No. 8736, Dec. 21, 2007; Act No. 8976, Mar. 21, 2008; Act No. 10790, Jun. 8, 2011> |
| (2) |
Deleted. <by Act No. 8736, Dec. 21, 2007> |
| (3) |
When it is deemed necessary to ensure safe and smooth flow of traffic, the Commissioner General of the National Police Agency or the head of the competent police station who receives the notification referred to in paragraph (1) may request the road management agency to take necessary measures therefor. In such cases, the road management agency shall take such measures unless any justifiable ground exists. <Amended by Act No. 8736, Dec. 21, 2007; Act No. 10790, Jun. 8, 2011> |
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| Article 71 (Measures against Artificial Structures Illegally Installed on Road) |
|
| (1) |
The head of any police station may order the person falling under any of the following subparagraphs to correct that person's act of violation or remove the traffic impediment caused by such person's act of violation: |
| 1. |
Any person who has installed traffic safety facilities or other artificial structures similar thereto without obtaining permission therefor in violation of Article 68 (1); |
| 2. |
Any person who has abandoned Articles in violation of Article 68 (2); |
| 3. |
Any person who has installed artificial structures, etc. or performed any work that could impede traffic flow in violation of Article 38 of the Road Act. |
| (2) |
The head of any police station shall, when he/she is unable to order the measures referred to in paragraph (1) because he/she is unable to identify the name and domicile of the person falling under any subparagraph of paragraph (1), keep the artificial structures, etc. in custody after taking measures to remove such artificial structures, etc. by himself/herself. In such cases, the artificial structures, etc. that are likely to be worn out or destroyed and the custody of which is extremely difficult to accomplish may be sold and their sale proceeds may be kept in custody. |
| (3) |
Necessary matters concerning the custody, sale, etc. of the artificial structures, etc. referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 72 (Measures Taken to Prevent Danger of Ground Artificial Structures, etc. Installed on Road) |
|
| (1) |
The head of any police station shall, when ground artificial structures of the road, or other facilities and Articles are causing danger to traffic or are obviously likely to cause impediment to traffic, cause the owner, the occupier or the manager of such artificial structures, etc. to remove them and order them to take measures necessary for traffic safety. |
| (2) |
The head of any police station shall, when he/she is unable to order the owner, the occupier or the manager of the facilities, etc. to take measures pursuant to paragraph (1) because he/she is unable to identify their names and domiciles, keep the artificial structures, etc. in custody after taking measures to remove them by himself/herself. In such cases, the artificial structures, etc. that are likely to be worn out or destroyed and the custody of which is extremely difficult to maintain may be sold and their sale proceeds may be kept in custody. |
| (3) |
Necessary matters concerning the custody, sale, etc. of artificial structures, etc. referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅶ TRAFFIC SAFETY EDUCATION
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| Article 73 (Traffic Safety Education) |
|
| (1) |
Anyone who intends to obtain a driver's license shall undergo traffic safety education regarding any of the following matters before applying for an examination provided for in Article 83 (1) 2 and 3 as prescribed by Presidential Decree: Provided, That the same shall not apply to anyone who has received the special traffic safety education pursuant to paragraph (2) 1 or has completed the driving education in a specialized driving school as provided for in Article 104 (1): |
| 1. |
Basic manners for drivers; |
| 2. |
Acts and subordinate statutes and knowledge governing road and traffic; |
| 3. |
Skills needed to drive motor vehicles safely; |
| 4. |
Matters concerning the prevention of traffic accidents of children, disabled persons and senior citizens; |
| 5. |
Knowledge and skills needed for Eco-driving; |
| 6. |
Other matters necessary to ensure the safety of traffic. |
| (2) |
The driver of any motor vehicle, etc. and any person who is subject to a disposition taken to revoke his/her driver's license or a disposition taken to suspend the effect of his/her license and who falls under any of the following subparagraphs shall receive special traffic safety education as prescribed by Presidential Decree. In such cases, such special traffic safety education may be postponed for such persons as prescribed by Presidential Decree, where unavoidable grounds under subparagraph 1, 2 or 3 exist: |
| 1. |
Any person who intends to re-obtain a driver's license after having been subject to a disposition taken to revoke his/her driver's license; |
| 2. |
Any person who is to be subject or has been subject to a disposition taken to suspend the effect of his/her driver's license on the grounds of any dangerous collective conduct, traffic accident or driving any motor vehicle while intoxicated and for whom the suspension period has yet to lapse; |
| 3. |
Any novice driver who is to be subject or has been subject to a disposition taken to suspend the effect of his/her driver's license and for whom the suspension period has yet to lapse; |
| 4. |
Any person who wishes to receive the education and who is to be subject or has been subject to any disposition taken to suspend the effects of his/her driver's licence on grounds other than those referred to in subparagraphs 2 and 3 including the violation, etc. of the Acts and regulations governing traffic; |
| 5. |
Any person who intends to receive such education, who is likely to be subject to any disposition taken to suspend the effects of such driver's licence on the grounds of violating the Acts and regulations governing traffic. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 74 (Designations, etc. of Traffic Safety Educational Institutions) |
|
| (1) |
The traffic safety education (hereinafter referred to as "traffic safety education") that anyone who intends to obtain a driver's license has to receive pursuant to Article 73 (1) shall be conducted by a specialized driving school as provided for in Article 104 (1) and institutions or establishments designated by the Commissioner of a Local Police Agency pursuant to paragraph (2). |
| (2) |
When any institution or establishment falling under any of the following subparagraphs and meeting the requirements for facilities, equipment and instructors, etc. prescribed by Presidential Decree files an application for its designation, the Commissioner of a Local Police Agency may designate such institution or such establishment as an institution that may conduct traffic safety education (hereinafter referred to as "traffic safety educational institution"): |
| 2. |
The Road Traffic Safety Authority provided for in Articles 120 and 121 and its branch offices, its sub-branch offices and its educational institutions; |
| 4. |
Any educational establishment operated by Jeju Special Self-Governing Province or a Si/Gun/autonomous Gu. |
| (3) |
When designating any traffic safety educational institution pursuant to paragraph (2), the Commissioner of a Local Police Agency shall deliver a designation certificate prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) |
The Commissioner of a Local Police Agency shall not designate any institution or establishment under any of the following subparagraphs as a traffic safety educational institution: |
| 1. |
An institution or establishment that is established and operated by anyone who has established and operated a traffic safety educational institution whose designation has been revoked pursuant to Article 79 within three years from the date on which such designation has been revoked; |
| 2. |
An institution or establishment that is established and operated in the same place within 3 years from the date on which its designation has been revoked pursuant to Article 79. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 75 (Persons in Charge of Operation of Traffic Safety Educational Institutions) |
|
| (1) |
When it is deemed necessary to efficiently manage educational affairs, the head of any traffic safety educational institution may appoint a person to be in charge of the operation of the traffic safety educational institution from among employees (excluding any instructor in charge of traffic safety education under Article 76 (1)) who work for the institution. |
| (2) |
The head of any traffic safety educational institution (when the head of any traffic safety educational institution appoints a person to be in charge of the operation of the traffic safety educational institution pursuant to paragraph (1), referring to the person in charge of the operation of the traffic safety institution; hereafter the same shall apply) shall guide and supervise instructors in charge of the traffic safety education (hereinafter referred to as "instructors in charge of traffic safety education") and manage traffic safety educational affairs in order to ensure the fairness of its traffic safety educational affairs. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 76 (Qualifying Standards, etc. for Lectures of Traffic Safety Education) |
|
| (1) |
Every traffic safety educational institution shall have instructors in charge of its traffic safety education. |
| (2) |
The instructors in charge of traffic safety education referred to in paragraph (1) shall be persons falling under any of the following subparagraphs: |
| 1. |
Persons who hold certificates of qualifications as instructors for driving education, as delivered by the Commissioner General of the National Police Agency pursuant to Article 106 (2); |
| 2. |
Persons who have been engaged in administrative affairs or educational affairs involving road and traffic for not less than 2 years and who have received education of qualifications as instructors in charge of traffic safety education prescribed by Presidential Decree; |
| (3) |
Any person falling under any of the following subparagraphs shall be disqualified as an instructor in charge of traffic safety education: |
| 1. |
Any person who is younger than 20; |
| 4. |
Any person who fails to obtain a driver's licence that makes it possible for him/her to drive any motor vehicle, or who is a novice driver. |
| (4) |
The head of any traffic safety educational institution shall not allow anyone who is not a instructor in charge of traffic safety education to educate prospective drivers in traffic safety. |
| (5) |
When Acts and subordinate statues governing roads and traffic are amended and it is deemed necessary to efficiently conduct the traffic safety education, the Commissioner of the Local Police Agency may conduct training and education for instructors in charge of traffic safety education as prescribed by Presidential Decree. |
| (6) |
Where instructors in charge of traffic safety education must undergo training and education pursuant to paragraph (5), the head of any traffic safety educational institution shall take measures to cause them to undergo such training and education unless grounds of inevitability exist. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 77 (Confirmation of Participation, etc. in Traffic Safety Education) |
|
| (1) |
Instructors in charge of traffic safety education shall, when persons who intend to obtain a driver's license and complete traffic safety education pursuant to Article 73 (1), report details of each person's participation in traffic safety education to the head of the relevant traffic safety educational institution. |
| (2) |
The head of any traffic safety educational institution shall, upon receiving the report referred to in paragraph (1), deliver a certificate of confirmation of education to each of the participants in the education meeting the standards prescribed by Presidential Decree and then report without delay such fact to the Commissioner of the competent Local Police Agency. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 78 (Report on Suspension or Discontinuation of Operation of Traffic Safety Educational Institution) |
|
When intending to suspend or discontinue the operation of the traffic safety educational institution for not less than one month, the head of any traffic safety educational institution shall report thereon to the Commissioner of the competent Local Police Agency by seven days before the date on which the head intends to suspend or discontinue the operation of the traffic safety educational institution, as prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 79 (Revocation of Designation, etc. of Traffic Safety Educational Institution) |
|
| (1) |
When any traffic safety educational institution falls under any of the following subparagraphs, the Commissioner of a Regional Police Agency shall revoke his/her designation or order it to suspend its operation, fixing a period not exceeding one year according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That where it falls under subparagraph 3, he/she shall revoke his/her designation: |
| 1. |
When the traffic safety educational institution fails to make a correction within 30 days from the date on which it is ordered to make such correction after it is found not to comply with the standards for designation provided for in Article 74 (2); |
| 2. |
When the head of the traffic safety educational institution fails to take measures to cause instructors of traffic safety education to undergo training and education in violation of Article 76 (6); |
| 3. |
When the head of the traffic safety educational institution delivers a certificate of confirmation of education to anyone who has failed to complete the traffic safety educational courses in violation of Article 77 (2); |
| 4. |
When the head of the traffic safety educational institution fails to submit materials or make a report, or submits false materials or makes a false report in violation of Article 141 (2); |
| 5. |
When the head of the traffic safety educational institution rejects, impedes or evades the access and the inspection by public officials, in violation of Article 141 (2). |
| (2) |
Where any traffic safety educational institution continues operating business, in violation of orders to suspend its operation pursuant to paragraph (1), the commissioner of a Regional Police Agency may revoke his/her designation according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅷ DRIVERS' LICENSES
law view
| Article 80 (Drivers' Licenses) |
|
| (2) |
The Commissioner of a Local Police Agency shall classify the scope of drivers' licences under each of the following subparagraphs based on the types of motor vehicles that can be driven, and manage such drivers' licenses by scope. In such cases, the types of motor vehicles that can be driven based on such scope of the drivers' licenses shall be determined by Ordinance of the Ministry of Public Administration and Security: |
| 1. |
Class Ⅰ drivers' licenses: |
| (a) |
Drivers' licenses for large motor vehicles; |
| (b) |
Drivers' license for ordinary motor vehicles; |
| (c) |
Drivers' licenses for small motor vehicles; |
| (d) |
Special drivers' licenses; |
| 2. |
Class Ⅱ drivers' licenses: |
| (a) |
Drivers' licenses for ordinary motor vehicles; |
| (b) |
Drivers' licenses for small motor vehicles; |
| (c) |
Drivers' licenses for motorcycles; |
| (a) |
Class Ⅰ ordinary student licenses; |
| (b) |
Class Ⅱ ordinary student licenses. |
| (3) |
The Commissioner of a Local Police Agency may attach necessary conditions prescribed by Ordinance of the Ministry of Public Administration and Security, including restrictions on the structures of motor vehicles that can be driven, etc. according to the physical conditions and driving ability of persons who are entitled to drivers' licenses. |
| (4) |
The Commissioner of a Local Police Agency may set additional conditions or alter the conditions referred to in paragraph (3) according to the physical condition or the driving skills of persons who has taken aptitude tests pursuant to Articles 87 and 89. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 81 (Effect of Student Licenses) |
|
A student license shall be effective for one year from the date on which such student license is obtained: Provided, That where anyone who has obtained a student license obtains a Class Ⅰ driver's license or a Class Ⅱ driver's license, such student license shall become ineffective even if one year has elapsed from the date such license has been issued.
law view
| Article 82 (Grounds of Disqualification for Drivers' Licenses) |
|
| (1) |
Any of the following persons shall be disqualified from obtaining a driver's license: |
| 1. |
A person who is younger than 18 years of age (in case of a motorcycle, referring to a person younger than 16); |
| 2. |
A person who is determined by Presidential Decree as being a mentally-disordered person or an epileptic who may cause any danger or impediment to traffic; |
| 3. |
The deaf (limited to a license for large vehicle, license for special vehicle among Class Ⅰ drivers' licenses), the blind, and the physically handicapped who are determined by Presidential Decree; |
| 4. |
A person who has lost the parts under the elbow joints of both arms or the person who is unable to use both arms: Provided, That the same shall not apply to cases where anyone can normally drive a motor vehicle manufactured to meet the needs of that person's physical handicap; |
| 5. |
A person determined by Presidential Decree as being addicted to narcotics, marijuana, psychotropic drugs or alcoholism, which may cause any danger or impediment to traffic; |
| 6. |
A person who intends to obtain a Class Ⅰ driver' license for a large motor vehicle or special driver' license, who is younger than 19 years of age or has less than one year's experience in driving a motor vehicle (excluding any two-wheeled vehicle). |
| (2) |
Any of the following persons shall not obtain a driver's license unless the period prescribed in any of the relevant subparagraphs has lapsed. In such cases, subparagraphs 1 through 5 shall only apply to a person who has been sentenced to a fine or heavier punishment (including a stay of execution of such sentence): |
| 1. |
Where a person drives a motor vehicle, etc. in violation of Article 43 or 96 (3), one year (six months where the driver intends to obtain a driver's license for a motorcycle and one year from the date of the violation in case of violation of Article 46) from the date (where the driver's license is revoked on the grounds that the driver drives a motor vehicle in the period during which the effect of the driver's license is suspended, the date on which the driver's license is revoked; hereafter the same shall apply) on which the driver commits the violation: Provided, That where the driver fails to take necessary measures under Article 54 (1) and to report under Article 54 (2) after killing or injuring any other person, five years from the date on which the driver commits the violation; |
| 2. |
Where a person drives a motor vehicle, etc. in violation of Article 43 or 96 (3) more than three times, two years from the date of the violation; |
| 3. |
Where the person fails to take measures or report under Article 54 (1) and (2) after killing and injuring any other person in violation of Article 44, 45 or 46, five years from the date on which the driver's license is revoked; |
| 4. |
Where the person fails to take measures or report under Article 54 (1) and (2) after killing or injuring any other person on grounds other than those under Articles 43 through 46, four years from the date on which the driver's license is revoked; |
| 5. |
Where the person causes a traffic accident not less than three times while driving a motor vehicle while intoxicated in violation of Article 44 (1), three years from the date on which the driver's license is revoked and where the person who commits any crime, steals another person's motor vehicle or robs another person of his/her motor vehicle drives the motor vehicle in violation of Article 43, three years from the date on which that person commits the violation; |
| 6. |
Where the driver's license of the person is revoked for violating Article 44 (1) or (2) not less than three times or Article 46 not less than twice or the driver's license is revoked on the grounds under Article 93 (1) 8, 12 or 13, two years from the date on which the driver's license is revoked; |
| 7. |
Where the driver's license of the person is revoked on the grounds other than cases referred to in subparagraphs 1 through 6, one year (six months where he/she intends to obtain a deriver's license for a motorcycle and one year from the date on which the driver's license is revoked in violation of Article 46) from the date on which the driver's license is revoked: Provided, That the same shall not apply to cases where any person whose driver's license is revoked because he/she has failed to take an aptitude test or any person with a Class Ⅰ driver's license reattempts to obtain a Class Ⅱ driver's license after failing to pass the aptitude test; |
| 8. |
Where the person remains subject to a disposition taken to suspend the effects of the driver's license, the suspension period. |
| (3) |
Anyone who is subject to a disposition taken to revoke his/her driver's license pursuant to Article 93 shall, if that person fails to receive the special traffic safety education under Article 73 (2) after being subject to the relevant disposition, may not obtain a driver's license, notwithstanding the lapse of the disqualification period for the driver's license referred to in paragraph (2). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 83 (Driver's License Test, etc.) |
|
| (1) |
The driver's license test (excluding a test for Class Ⅰ ordinary driver's license and a test for Class Ⅱ ordinary driver's license) shall be held by the Road Traffic Authority pursuant to Article 120 on any of the following matters according to the classification of driver's license under Article 80 (2): Provided, That the driver's licence test prescribed by Presidential Decree shall be held by the Commissioner of a Regional Police Agency or the Road Traffic Authority, as prescribed by Presidential Decree: |
| 1. |
The aptitude needed to drive motor vehicles, etc.; |
| 2. |
The knowledge on Acts and subordinate statutes governing motor vehicles, etc. and road and traffic; |
| 3. |
The methods needed to manage motor vehicles and the art needed to check motor vehicles in order to ensure safe traffic; |
| 4. |
The skills needed to drive motor vehicles, etc.; |
| 5. |
Knowledge and skills needed for Eco-driving. |
| (2) |
Tests for Class Ⅰ ordinary drivers' licenses and tests for Class Ⅱ ordinary drivers' licenses shall be held by the Road Traffic Authority in order to test abilities of the test applicant to drive motor vehicles on the road. In such cases, tests for Class Ⅰ ordinary drivers' licenses shall be held for persons who have received Class Ⅰ ordinary student licenses and tests for Class Ⅱ ordinary drivers' licenses shall be held for persons who have received Class Ⅱ ordinary student licenses, respectively. |
| (3) |
Anyone who is not eligible to receive a driver's license pursuant to Article 82 may not apply for a driver's license test. |
| (4) |
Any person who intends to apply for a driver's license test pursuant to paragraph (1) 2 and 3 shall receive traffic safety education pursuant to Article 73 (1) or education of curricula in a driving school pursuant to Article 104 (1) before he/she applies for such driver's license test. |
| (5) |
Methods, procedures and other necessary matters concerning the driver's license tests referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 84 (Exemption from Driver's License Test) |
|
| (1) |
Any of the following persons shall be exempted from part of a driver's licence test as prescribed by Presidential Decree: |
| 1. |
Any person who has graduated from the mechanic engineering department or the department of automotive mechanics of any university, any specialized college or any technical engineering high school after completing subjects on motor vehicles; |
| 3. |
Any person who falls under any of the following subparagraphs and who holds a drivers' licence that has been issued by an authoritative institution of a foreign country (hereinafter referred to as "foreign drivers' license"): |
| 4. |
Any person who has driven a military motor vehicle that corresponds to a motor vehicle, etc. while serving in the military for not less than 6 months; |
| 5. |
Any person who intends to receive a driver's license again after his/her driver's license has been revoked due to failure to undergo an aptitude test pursuant to Article 87 (2) or Article 88; |
| 6. |
Any person who intends to include the type of motor vehicle that he/she can drive according to the classification provided for in the provisions of Article 80 (2) after receiving a driver's license; |
| 7. |
Any person who intends to receive a driver's license again after his/her driver's license has been revoked pursuant to Article 93 (1) 15 through 18; |
| 8. |
Any person who holds a completion certificate or the graduation certificate issued by a specialized driving school pursuant to Article 108 (5); |
| 9. |
Any person who is recognized as having received a driver's license in the northern area of the demilitarized zone. |
| (2) |
With respect to persons who hold foreign drivers' licenses referred to in paragraph (1) 3 (referring to drivers' licenses obtained while residing in foreign countries for not less than 90 days, which deliver their drivers' licenses and their drivers' licenses are neither temporary drivers' licenses nor drivers' licenses for driving practice), an exception from a driver's license test may be prescribed otherwise as prescribed by Presidential Decree depending on whether the relevant foreign countries exempt persons who hold drivers' licences of the Republic of Korea from the driver's licence test, with the exception of the aptitude test (hereinafter referred to as "countries that recognize a Korean drivers' licence"): Provided, That foreign drivers' licenses held by foreigners residing in the Republic of Korea for the purposes of diplomacy, official business or research, etc. prescribed by Presidential Decree shall be deemed drivers' licenses issued by authoritative institutions of foreign countries that recognize Korean drivers' licenses and with respect to any foreign country that has concluded an agreement with the Republic of Korea on the mutual recognition of the drivers' licences among foreign countries that recognize Korean drivers' licenses, the driver may be exempted partly from the license test according to the terms of such agreement. |
| (3) |
When issuing a Korean driver's license to any foreigner who holds a foreign driver's license after exempting the foreigner from part of the driver's license test pursuant to paragraphs (1) 3 and (2), the Road Traffic Authority shall retrieve the foreign driver's license and at the request of the relevant agency send the foreign driver's license to the relevant agency of the foreign country that issued the foreign driver's license. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 85 (Issuance, etc. of Drivers' License) |
|
| (1) |
Anyone who intends to receive a driver's license shall pass a driver's license test. |
| (2) |
The Commissioner of a Local Police Agency shall issue a driver's license prescribed by Ordinance of the Ministry of Public Administration and Security to each person who has passed the driver's license test. |
| (3) |
The driver's license shall take effect from the time when the principal or his/her agent is issued the driver's license under paragraph (2). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 86 (Re-issuance of Drivers' Licenses) |
|
When anyone loses his/her driver's license or the driver's license is worn out, such person may file an application to the Commissioner of a Local Police Agency for the re-issuance of a driver's license, as prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 87 (Renewal of Drivers' Licenses and Regular Aptitude Tests) |
|
| (1) |
Anyone who has obtained a driver's license shall receive such driver's license renewed by the Commissioner of a Local Police Agency within the period according to the classification under each of the following subparagraphs as prescribed by Presidential Decree: |
| 1. |
The first renewal period for driver's license is from January 1 through December 31 to which the date on which ten years (five years for a person who is 65 or older years of age on the date when he/she passes the driver's license test) elapse from the date reckoned from when he/she passes the driver's license test under Article 83 (1) or (2) belongs; |
| 2. |
The renewal period for driver's license, other than the first renewal period for driver's license referred to in subparagraph 1, is from January 1 through December 31 to which the date on which every ten years (five years for a person who is 65 years or older years of age on the immediately preceding renewal date) elapse from the immediately preceding renewal date for driver's license belongs. |
| (2) |
Anyone who falls under any of the following subparagraphs shall take a regular aptitude test held by the Road Traffic Authority within the renewal period for driver's license under paragraph (1) as prescribed by Presidential Decree: |
| 1. |
A person who has obtained a Class Ⅰ driver's license; |
| 2. |
A person who is 70 years or older years of age during the renewal period for driver's license from among those who have a Class Ⅱ driver's license. |
| (3) |
Anyone who fails to take or pass a regular aptitude test under paragraph (2) may not receive his/her driver's license renewed. |
| (4) |
When anyone who is obliged to receive a renewed driver's license or take a regular aptitude test pursuant to paragraph (1) or (2) fails to have his/her driver's license renewed and issued or undergo the regular aptitude test within the fixed period due to overseas travel or military service or other reasons prescribed by Presidential Decree, such person may receive the renewed driver's license or take the regular aptitude test beforehand or may have the relevant period extended as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 88 (Occasional Aptitude Tests) |
|
| (1) |
When anyone who has obtained a Class Ⅰ driver's license or a Class Ⅱ driver's license (including anyone who has obtained an international driver's license as provided for in Article 96 (1)) suffers from postnatal disability that impedes the safe driving of a motor vehicle and falls under the grounds prescribed by Presidential Decree, he/she shall take an occasional aptitude test held by the Road Traffic Authority. |
| (2) |
The period for occasional aptitude tests, notices and other necessary matters concerning the holding of occasional aptitude tests referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 89 (Notification of Personal Information Pertaining to Occasional Aptitude Tests) |
|
| (1) |
The head of the agency 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 under Article 88 (1) shall notify the Commissioner General of the National Police Agency of such personal information pertaining to occasional aptitude tests. |
| (2) |
The details of the personal information to be notified to the Commissioner General of the National Police Agency pursuant to paragraph (1), methods of notification and other necessary matters concerning the notification of personal information shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 90 (Measures Taken for Persons Suspected of Suffering from Mental Illness, etc.) |
|
Where there exist reasonable grounds that anyone falling under any of the following subparagarphs falls under Article 82 (1) 2 and 5, the Road Traffic Authority may arrange for any medical specialist to perform a precise diagnosis of such person:
| 1. |
A person who undergoes the driver's license test under Article 83; |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 91 (Temporary Driving Certificate) |
|
| (1) |
When any of the following persons applies for issuance of a temporary driving certificate, the Commissioner of a Local Police Agency may issue such temporary driving certificate to the applicant as prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That in the case of subparagraph 2, the Commissioner of a Local Police Agency may issue the driver's license in which the matters prescribed by Ordinance of the Ministry of Public Administration and Security are entered in lieu of issuing the temporary driving certificate: |
| 1. |
Where a person who obtains a driver's license files an application for re-issuance of a driver's license pursuant to Article 86; |
| 2. |
Where a person applies for an aptitude test or the issuance of a renewed driver's license as provided for in Article 87, or a occasional aptitude test as provided for in Article 88; |
| 3. |
A person who is subject to a disposition of revocation or suspension of his/her driver's license provided for in Article 93 submits his/her driver's license. |
| (2) |
The temporary driving certificate referred to in paragraph (1) shall have the same effect as that of a driver's license during the period of its validity. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 92 (Duties to Carry and Produce Drivers' Licenses, etc.) |
|
| (1) |
The driver of a motor vehicle, etc. shall carry his/her driver's license, etc. falling under any of the following subparagraphs when he/she drives a motor vehicle: |
| 1. |
A driver's license, or international driver's license as provided for in Article 96 (1) and the operator's license for construction machinery as provided for in the Construction Machinery Management Act (hereinafter referred to as "driver's license, etc."); |
| 2. |
A certificate falling under any of the following items in lieu of the driver's license, etc: |
| (a) |
A temporary driving certificate as provided for in Article 91; |
| (b) |
A written notice pertaining to the payment of a penalty or a written summons as provided for in Article 138; |
| (c) |
A written summons as provided for in Article 143 (1). |
| (2) |
When a police officer requests a driver to produce his/her driver's license, etc. under paragraph (1) or a certificate in lieu thereof, or asks a question to confirm his/her identity or his/her driver's license for traffic safety or maintenance of traffic order, the driver shall comply with such request. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 93 (Driver License Revocation and Suspension) |
|
| (1) |
When a person who has obtained a driver' license (excluding any student license; hereinafter the same shall apply in this Article) falls under any of the following subparagraphs, the Commissioner of a Local Police Agency may revoke the driver's license or suspend the effect thereof within the extent of not more than one year according to the standards set by Ordinance of the Ministry of Public Administration and Security: Provided, That when such person falls under subparagraph 2, 3, 7 through 9 (excluding cases where the regular aptitude test period has lapsed), 12, 14, 16 or 18, the driver's license shall be revoked: |
| 1. |
When any person drives a motor vehicle, etc. while intoxicated in violation of Article 44 (1); |
| 2. |
When a person who has violated Article 44 (1), or the latter part of Article 44 (2) more than twice falls under the grounds for suspension of his/her driver's license for violating paragraph (1) of the same Article; |
| 3. |
When a person fails to comply with a request for a breath alcohol testing from any police officer although the person is unquestionably believed to be driving a motor vehicle while intoxicated in violation of the latter part of Article 44 (2); |
| 4. |
When a person drives a motor vehicle, etc. although the person is likely to be unable to drive a motor vehicle, etc. normally on the grounds of being under the influence of drugs in violation of Article 45; |
| 5. |
When a person commits any dangerous acts with others in violation of Article 46 (1); |
| 6. |
When a person fails to take necessary measures or to report pursuant to Article 54 (1) or (2) after killing or injuring any other person in a traffic accident; |
| 7. |
When a person is not eligible to obtain a driver's license pursuant to Article 82 (1) 2 through 5; |
| 8. |
When a person who is not eligible to obtain a driver's license pursuant to Article 82 obtains a driver's license by fraudulent or illegal means or is found to have been issued a driver's license or other certificate in lieu of a driver's license in the period during which the effect of his/her driver's license is suspended; |
| 9. |
When a person fails to take an aptitude test as provided for in Article 87 (2) or 88 (1) or fails to pass such aptitude test; |
| 10. |
When a person deliberately or negligently causes a traffic accident while driving a motor vehicle, etc.; |
| 11. |
When a person who receives a driver's license commits a criminal act such as homicide or rape using a motor vehicle, etc. prescribed by Ordinance of the Ministry of Public Administration and Security; |
| 12. |
When a person steals or robs another person's motor vehicle, etc.; |
| 13. |
When a person applies for a driver's license test as provided for in Article 83 in order to assist another person to illegally obtain a driver's license; |
| 14. |
When a person assaults any police officer, etc. or any Si/Gun public official who is engaged in traffic patrol pursuant to this Act; |
| 15. |
When a person lends his/her driver's license to any other person in order to enable the latter to drive a motor vehicle or uses the driver's license of any other person to drive a motor vehicle; |
| 16. |
When a person drives any motor vehicle that is not registered pursuant to the Motor Vehicle Management Act or any motor vehicle (excluding any two-wheeled vehicle) for which a temporary driving permission is not obtained; |
| 17. |
When the grounds for revoking a student license accrue before a person obtains a Class Ⅰ ordinary driver's license or a Class Ⅱ ordinary driver's license; |
| 18. |
When the head of any relevant administrative agency has requested for disposition of driver license revocation or suspension pursuant to other Acts; |
| 19. |
When a person violates this Act or any order issued or any disposition taken in accordance with this Act. |
| (2) |
The Commissioner of a Local Police Agency may give demerit points to anyone who violates the Acts and regulations governing traffic, or who causes any traffic accident according to the extent of the violation, the resulting damage, etc. as prescribed by Ordinance of the Ministry of Public Administration and Security in order for such demerit points to be used as a basis as for revoking drivers' licences or suspending the effects of drivers' licences pursuant to paragraph (1). Where such demerit points exceed a certain threshold during a period set by Ordinance of the Ministry of Public Administration and Security, the drivers' licenses may be revoked or suspended as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
The Commissioner of a Local Police Agency shall, when anyone who takes a delivery of a student license causes any traffic accident deliberately or by negligence while driving a motor vehicle or violates this Act, or any order or disposition issued or taken pursuant to this Act, revoke his/her student license: Provided, That the same shall not apply to cases where the fault does not clearly lie with the person or in other cases prescribed by Presidential Decree. |
| (4) |
The Commissioner of a Local Police Agency shall, when he/she intends to take disposition of driver license revocation or suspension pursuant to paragraph (1) or (2) or intends to take disposition to revoke a student license pursuant to paragraph (3), notify the party subject to the disposition in advance of the terms of the disposition and the time limit for presenting his/her opinion as prescribed by Ordinance of the Ministry of Public Administration and Security, and when the Commissioner takes the disposition, he/she shall notify the party subject to the disposition of the grounds for such disposition and the period during which an administrative appeal may be filed as prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That when the Commissioner of the Local Police Agency intends to revoke a driver's license due to the party's failure to undergo an aptitude test as provided for in Article 87 (2) or 88 (1), he/she shall notify the party subject to the disposition of the fact that if he/she fails to undergo the aptitude test prior to the date until which he/she can undergo an aptitude test arrives, his/her driver's license shall be revoked in lieu of the notice served before and after the disposition as prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 94 (Filing of Objections to Disposition Taken to Revoke or Suspend Drivers' Licenses) |
|
| (1) |
Anyone who is dissatisfied with a disposition taken to revoke or suspend his/her driver's license pursuant to Article 93 (1) or (2) or a disposition taken to revoke his/her student license pursuant to paragraph (3) of the same Article may file an objection to the Commissioner of a Local Police Agency within 60 days from the date on which that person is notified of the disposition as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
The Commissioner of a Local Police Agency shall set up a deliberative committee on administrative dispositions for drivers' licenses in order to deliberate on the objections referred to in paragraph (1) as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
Anyone who files an objection pursuant to paragraph (1) may file an administrative appeal pursuant to the Administrative Appeals Act, notwithstanding having filed an objection. In such cases, anyone who is notified of the result of his/her objection after having filed an objection (excluding anyone who files an administrative appeal pursuant to the Administrative Appeals Act before being notified of the result of such objection) may file an administrative appeal pursuant to the Administrative Appeals Act within 90 days of being notified of the result of such objection. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 95 (Return of Drivers' Licenses) |
|
| (1) |
Anyone obtaining a driver's license falling under any of the following subparagraphs shall return such driver's license to the Commissioner of a Local Police Agency having jurisdiction over that person's domicile within seven days (in the case of subparagraps 4 and 5, when a driver submits his/her driver's license in order to obtain a new driver's license) from the date on which the grounds thereof occur: |
| 1. |
When that person is subject to disposition of driver license revocation; |
| 2. |
When that person is subject to disposition of suspension of the effect of the driver's license; |
| 3. |
When that person lost his/her driver's license and finds such lost driver's after having it reissued; |
| 4. |
When a person who has obtained a student license receives a Class Ⅰ ordinary driver's licence or a Class Ⅱ ordinary driver's license; |
| 5. |
When a person has his/her driver's license renewed. |
| (2) |
A police officer may directly collect a driver's license possessed by any person who has failed to return his/her driver's license, in violation of paragraph (1). |
| (3) |
Where the Commissioner of a Regional Police Agency has been returned a driver's license pursuant to paragraph (1) 2 or has collected a driver's license from a person under paragraph (1) 2 pursuant to paragraph 2, he/she shall keep such driver's license in custody and return it immediately after the period of suspension expires. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅸ INTERNATIONAL DRIVERS' LICENSES
law view
| Article 96 (Driving of Motor Vehicles, etc. Using International Drivers' Licenses) |
|
| (1) |
Anyone who obtains a driver's license (hereinafter referred to as "international driver's license") from the authoritative institution of any foreign country according to a Convention under any of the subparagraphs may drive a motor vehicle using such international driver's license only for the period of one year from the date on which that person enters the Republic of Korea, notwithstanding Article 80 (1). In such cases, the types of motor vehicles that person may drive shall be limited to the types of motor vehicles that are entered in the international drivers' license: |
| 1. |
The Convention on Road Traffic concluded in Geneva in 1949; |
| 2. |
The Convention on Road Traffic concluded in Vienna in 1968. |
| (3) |
Anyone falling under the grounds for disqualification from holding a driver's license provided for in Article 82 (2) and for whom the period that is classified in any subparagraph of the same paragraph has not elapsed shall not drive any motor vehicle, notwithstanding paragraph (1). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 97 (Prohibition on Driving Motor Vehicles, etc,) |
|
| (1) |
Where anyone who drives any motor vehicle, etc. using an international driver's license in the Republic of Korea pursuant to Article 96 falls under any case of the following subparagraphs, the Commissioner of the Local Police Agency having jurisdiction over that person's domicile may prohibit that person from driving any motor vehicle, etc. using that international driver's license within the extent of not more than one year according to the standards set by the Ordinance of the Ministry of Public Administration and Security: |
| 1. |
Where a person fails to undergo an aptitude test or fails to pass an aptitude test as provided for in Article 88 (1); |
| 2. |
Where a person causes any traffic accident deliberately or by negligence while driving a motor vehicle; |
| 3. |
Where a person holds Korean citizenship and for whom the period provided for in any subparagraph of Article 82 (2) has yet to elapse since his/her driver's license has been revoked or the effect of his/her driver's license has been suspended pursuant to Article 93 (1) or (2); |
| 4. |
Where a person violates this Act, or any order given or disposition taken pursuant to this Act with respect to the driving of a motor vehicle, etc. |
| (2) |
Anyone who is prohibited from driving a motor vehicle, etc. pursuant to paragraph (1) shall surrender without delay his/her international driver's license to the Commissioner of a Local Police Agency who prohibits him/her from driving his/her motor vehicle using such international driver's license. |
| (3) |
Where the prohibition period referred to in paragraph (1) elapses or the person who is subject to the disposition taken to prohibit him/her from driving his/her motor vehicle leaves the Republic of Korea during the prohibition period, the Commissioner of a Local Police Agency shall return without delay such person's international driver's license that he/she has retained in custody at the relevant person request. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 98 (Issuance of International Drivers' Licenses, etc.) |
|
| (1) |
Anyone who obtains a driver's license pursuant to Article 80 and intends to be issued with an international driver's license pursuant to the Convention on Road Traffic provided for in Article 96 (1) 1 shall file an application with the Commissioner of a Local Police Agency therefor. |
| (2) |
The effective period of an international driver's license as referred to in paragraph (1) shall be one year from the date on which delivery thereof is taken. |
| (3) |
An international driver's license referred to in paragraph (1) shall cease to have its effect when the effect of the driver's license of the Republic of Korea of anyone who takes delivery of the international driver's license is lost or revoked. |
| (4) |
The effect of the international driver's license referred to in the provisions of paragraph (1) shall be suspended during the suspension period when the effect of the driver's license of the Republic of Korea of the person who takes the delivery of such international driver's license is suspended. |
| (5) |
Necessary matters concerning the issuance of international drivers' licenses referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER Ⅹ DRIVING SCHOOLS
law view
| Article 99 (Registration of Driving Schools) |
|
Anyone who intends to establish and operate a driving school (hereinafter referred to as "driving school") shall have the driving school registered with the Commissioner of a Local Police Agency as prescribed by Presidential Decree after meeting necessary conditions, such as facilities, equipment, etc. provided for in Article 101, the fixed number of instructors and the standards for their allocation to classes provided for in Article 103. The same shall apply to cases where such person intends to change any matter from among the matters registered prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 100 (Conditional Registration of Driving Schools) |
|
| (1) |
The Commissioner of a Local Police Agency may accept the registration of any driving school as provided for in Article 99 on the condition that the facilities, equipment, etc. provided for in Article 101 be installed within the period prescribed by Presidential Decree. |
| (2) |
When anyone whose driving school has been registered pursuant to paragraph (1) fails to install the facilities, equipment, etc. within the period under the same paragraph without justifiable grounds, the Commissioner of a Local Police Agency shall revoke its registration. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 101 (Standards for Establishing Driving Schools) |
|
Every driving school shall secure the facilities and equipment necessary for education, such as lecture rooms, skill-training courses, incidental facilities, etc. (including educational incidental facilities for training physically handicapped persons) in accordance with the standards prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 102 (Grounds for Disqualification from Driving School Registration) |
|
| (1) |
Any person falling under any of the following subparagraphs may not register a driving school pursuant to Article 99: |
| 1. |
An incompetent or quasi-competent person; |
| 2. |
A person who has not yet been reinstated after having been declared bankrupt; |
| 3. |
Any person who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom three years have yet to elapse from the date on which the execution of the sentence is terminated or a waiver of execution of the sentence is made definite or any person who is within the period of a stay of execution after having been sentenced to imprisonment without prison labor or a heavier punishment; |
| 4. |
Any person whose qualifications are suspended or relinquished by the judgment of any court; |
| 5. |
Any person who establishes and operates a driving school and for whom one year has yet to elapse from the date on which the registration of the school is annulled pursuant to Article 113 (1) 1, subparagraphs 5 through 12 and paragraphs (2) and (4) of the same Article or any person who intends to establish and operate a driving school in the same location within one year from the date on which the registration of a driving school is annulled; and |
| 6. |
A corporation, any executive of which falls under any of subparagraphs 1 through 5. |
| (2) |
Where a person who has established and operated a driving school falls under any subparagraph of paragraph (1), the registration of such driving school shall cease to have effect: Provided, That the same shall not apply to cases where any executive of the corporation falls under paragraph (1) 6 and the executive is dismissed or replaced by any other executive within three months from the date on which the executive is found to fall under paragraph (1) 6. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 103 (Instructors and Educational Courses of Driving Schools) |
|
| (1) |
Necessary matters concerning requirements for the qualifications of instructors in responsible for education in driving schools (referring to persons who educate prospective drivers in Acts and subordinate statutes governing roads and traffic, in a knowledge of roads and traffic, and skills to drive motor vehicles; hereinafter the same shall apply), the fixed number of instructors and the standards for allocating the instructors, etc. to classes shall be prescribed by Presidential Decree. |
| (2) |
Necessary matters concerning educational courses and methods of driving schools and standards for operating driving schools shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 104 (Designations of Specialized Driving Schools) |
|
| (1) |
The Commissioner of a Local Police Agency may designate any driving school that is registered pursuant to Article 99 and meets the requirements falling under each of the following subparagraphs as a specialized driving school (hereinafter referred to as "specialized driving school") as prescribed by Presidential Decree in order to raise the standards of education concerning the driving of motor vehicles and to upgrade the quality of drivers: |
| 1. |
A specialized driving school is required to appoint a superintendent (referring to a person in charge of the education of subjects and skills and the operation of the affairs of the specialized driving school; hereinafter the same shall apply) who meets the qualification under Article 105: Provided, That where the person who establishes and operates a specialized driving school fulfills the requirements for qualifications may concurrently serve as the superintendent, and in this case, that person may appoint an assistant superintendent who assists the superintendent: |
| 2. |
A specialized driving school is required to appoint instructors as provided for in Article 106 and skill examiners (referring to persons who perform the skill examinations as provided for in Article 108; hereinafter the same shall apply) as provided for in Article 107 according to the standards prescribed by Presidential Decree; |
| 3. |
A specialized driving school is required to have the facilities and equipment that are in conformity with the standards prescribed by Presidential Decree and other facilities and equipment, etc. necessary to be designated as a traffic safety educational institution pursuant to Article 74 (2); and |
| 4. |
Methods of education, the abilities of graduates to drive motor vehicles and the operation of the relevant specialized driving school shall conform with the standards prescribed by Presidential Decree. |
| (2) |
The Commissioner of a Local Police Agency shall not designate a driving school falling under any of the following subparagraphs as a specialized driving school: |
| 1. |
A driving school established and operated by a person (hereinafter referred to as "person who has established and operated a driving school, etc.") who has established and operated a driving school or specialized driving school (hereinafter referred to as "driving school, etc.") the registration of which has been revoked pursuant to Article 113 (excluding subparagraph 2 through 4), or a driving school established and operated by any former superintendent or any former vice superintendent within three years from the date on which the registration of his/her driving school has been revoked; |
| 2. |
Where the registration of any driving school is revoked pursuant to Article 113 (excluding paragraph (1) 2 through 4), the driving school that is established and operated in the same location within three years from the date on which the registration of such driving school is revoked. |
| (3) |
Any specialized driving school that is designated pursuant to paragraph (1) shall, when it intends to change important matters prescribed by Presidential Decree, obtain approval therefor from the Commissioner of a Local Police Agency having jurisdiction over the location of such specialized driving school. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 105 (Superintendent, etc. of Specialized Driving School) |
|
Every superintendent or every vice superintendent shall be a person who fulfills all of the requirements falling under each of the following items:
| 1. |
A person between 30 and 65; |
| 2. |
A person who has a road traffic career for not less than three years (limited to a carrier of managerial post) or a person who has an operations and management career of a driving school, etc. for not less than three years and shall not fall under any of the following items: |
| (a) |
Anyone who is a minor, an incompetent or quasi-competent person; |
| (b) |
A person who has not yet been reinstated after having been declared bankrupt; |
| (c) |
Anyone who has been sentenced to imprisonment without prison labor or a heavier punishment for violating this Act and the provisions of other Acts and for whom two years (three years where he/she violates any subparagraph of Article 150) have yet to elapse from the date on which the execution of the sentence is terminated (including cases where it is deemed that the execution of the sentence has been terminated) or a waiver of execution of the sentence is made definite; |
| (d) |
Anyone for whom three years have yet to elapse since having been sentenced to a fine for violating any subparagraph of Article 150; |
| (e) |
Anyone who is in the period of stay after having been sentenced with a stay of execution of imprisonment without prison labor or heavier punishment; |
| (f) |
Anyone who is in a period of stay after having been sentenced to imprisonment without prison labor or heavier punishment; |
| (g) |
Anyone whose qualifications are suspended or relinquished by any Act or any court judgment; |
| (h) |
Anyone for whom two years have yet to elapse since the time when he/she is subject to a disposition taken for any disciplinary action against that person, or since that person's dismissal pursuant to the State Public Officials Act, the Police Officers Act or other relevant Acts; |
| 3. |
In the case of a person who have established and operated a driving school, etc. whose registration has been revoked pursuant to Article 113 (1) 1, 5 through 12, and (2) and (4) of the same Article or of superintendents or vice superintendents of such driving school, etc., a person for whom three years have elapsed since the date on which the registration has been annulled. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 106 (Instructors of Specialized Driving Schools) |
|
| (1) |
Anyone who intends to become an instructor of any specialized driving school shall pass the examination to qualify as instructor as prescribed by Ordinance of the Ministry of Public Administration and Security, and shall complete the training and education aimed at training and educating prospective drivers in driving motor vehicles in any specialized institution designated by the Commissioner General of the National Police Agency. |
| (2) |
The Commissioner General of the National Police Agency shall deliver the certificates of qualifications to persons who have the qualifications referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
Anyone falling under any of the following subparagraphs shall be disqualified from being an instructor of a specialized driving school: |
| 1. |
Anyone who falls under Article 76 (3) 1 through 3; |
| 2. |
Anyone for whom three years have yet to elapse from the date on which his/her instructor's certificate of the qualification has been revoked in accordance with paragraph (4); |
| 3. |
Anyone who fails to obtain a driver's license that makes it possible to drive any motor vehicle, etc. used to educate prospective drivers in upgrading skills and abilities necessary to drive their motor vehicles, etc. on the road provided for in Article 83 (1) 4 and (2) (hereinafter referred to as "skill training"); |
| 4. |
Anyone for whom two years have yet to elapse from the date on which he/she obtains his/her driver's license for driving motor vehicle used in skill training. |
| (4) |
When anyone who obtains an instructor's certificate of qualification pursuant to paragraph (2) falls under any of the following subparagraphs, the Commissioner of a Local Police Agency may revoke such instructor's certificate of qualification according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security or suspend the effect of such instructor's certificate of qualification by fixing the period of not more than one year: Provided, That where he/she falls under any of subparagraphs 1 through 5, such instructor's certificate of qualification shall be revoked and subparagraphs 5 and 6 shall not apply to any instructor who is assigned to educate prospective drivers in the knowledge, etc. necessary to drive motor vehicles, etc. pursuant to Article 83 (1) 2 and 3: |
| 1. |
Where a person takes delivery of a driver's license by fraudulent or illegal means; |
| 3. |
Where a person educates prospective drivers in a period during which his/her qualifications as instructor are suspended; |
| 4. |
Where a person lends his/her instructor's certificate of qualifications to any other person; |
| 5. |
Where a person's driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles has been revoked; |
| 6. |
Where the effect of that person's driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles has been suspended; |
| 7. |
Where a person performs any illegal act in connection with the performance of his/her work as an instructor; |
| 8. |
Where a person educates prospective drivers in driving motor vehicles in return for any payment in violation of Article 116; |
| 9. |
Where a person violates any order provided for in this Act, or any order given pursuant to this Act, or any disposition taken pursuant to this Act. |
| (5) |
The superintendent of any specialized driving school shall not require anyone who is not an instructor to provide education for knowledge or skills necessary to drive motor vehicles. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 107 (Skill Examiners) |
|
| (1) |
Anyone who intends to become a skill examiner shall pass the examination for qualifying as a skill examiner that is prescribed by Ordinance of the Ministry of Public Administration and Security and shall complete the training and education about the examination of skills to drive motor vehicles in any of the specialized institutions designated by the Commissioner General of the National Police Agency. |
| (2) |
The Commissioner General of the National Police Agency shall deliver certificates of qualifications of skill examiners to persons who complete the training and education referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
A person falling under any of the following subparagraphs shall not become a skill examiner: |
| 1. |
Anyone who is younger than 27 years of age; |
| 3. |
Anyone for whom three years have yet to elapse since the date on which his/her qualifications as a skill examiner are revoked pursuant to paragraph (4); |
| 4. |
Anyone who fails to receive a driver's license necessary for him/her to drive any motor vehicle used to perform skill examinations and for whom three years have yet to elapse since the date on which he/she received a driver's license. |
| (4) |
When any skill examiner falls under any of the following subparagraphs, the Commissioner of a Local Police Agency may revoke the examiner's qualifications as a skill examiner according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security or suspend the effects of the qualifications as a skill examiner by fixing the period of not more than one year: Provided, That where the examiner falls under any of subpragraphs 1 through 6, the qualifications as a skill examiner shall be revoked: |
| 1. |
Where a skill examiner falsely proves that he/she has passed an examination to qualify as a skill examiner under Article 108 (4); |
| 2. |
Where a skill examiner takes delivery of the certificate of qualifications as the skill examiner by fraudulent and illegal means; |
| 4. |
Where a skill examiner performs any skill examination during a period in which his/her qualifications as skill examiner are suspended; |
| 5. |
Where a skill examiner lends his/her certificate of qualifications as skill examiner to any other person; |
| 6. |
Where a skill examiner driver's license that enables him/her to drive a motor vehicle used to perform skill examinations has been revoked; |
| 7. |
Where the effect of a skill examiner's driver's license necessary for him/her to drive a motor vehicle used to perform skill examinations has been suspended; |
| 8. |
Where a skill examiner performs any illegal act with respect to the work of skill examiners; |
| 9. |
Where a skill examiner violates this Act, any order given pursuant to this Act, or any disposition taken pursuant to this Act. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 108 (Skill Examinations) |
|
| (1) |
The Commissioner of a Local Police Agency may require the superintendent of any specialized driving school to perform the skill examination of students of the relevant specialized driving school as prescribed by Presidential Decree in order to determine whether they have skills to drive motor vehicles or drive motor vehicles on the road pursuant to Article 83 (1) 4 and (2) (hereinafter referred to as "skill examination"). |
| (2) |
The superintendent of any specialized driving school shall require skill examiners to perform a skill examination for any person falling under any of the following subparagraphs as prescribed by Ordinance of the Ministry of Public Administration and Security: |
| 1. |
Anyone who has completed education of classroom subjects and skill training aimed at upgrading skills necessary to drive any motor vehicle, etc. pursuant to Article 83 (1) 4 (hereinafter referred to as "skill training in a driving school"); |
| 2. |
Anyone who has completed skill training aimed at upgrading skills necessary to drive any motor vehicle, etc. on a road pursuant to Article 83 (2) (hereinafter referred to as "driving training on a road"). |
| (3) |
The superintendent of any specialized driving school shall not allow anyone who is not a skill examiner to perform any skill examination. |
| (4) |
Every skill examiner shall attest to, in writing, those persons who successfully undergo the skill examination held by him/her as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (5) |
With respect to persons who are attested to in writing by any skill examiner as those who successfully undergo a skill examination under paragraph (4), the superintendent of every specialized driving school shall deliver a certificate of completion or a certificate of graduation to each of such persons according to the relevant kinds of skill examination as prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 109 (Training, Education, etc. for Instructors, etc.) |
|
| (1) |
When it is deemed necessary to upgrade the quality of persons falling under any of the following subparagraphs, the Commissioner of a Local Police Agency may conduct training and education for them, as prescribed by Presidential Decree. In such cases, any person who establishes and operates a driving school, etc. and who is notified of the training and education shall conduct the training and education for them unless special grounds prevent such person from doing so and shall take measures to arrange for the persons referred to in subparagraphs 2 and 3 to participate in such training and education: |
| 1. |
Any person who has established and operates a driving school, etc.; |
| 2. |
Any instructor of a driving school, etc.; |
| (2) |
Any person who has established and operates a driving school, etc. shall publically post the names, ages and careers of instructors as well as educational subjects of such driving school, etc. as prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 110 (Tuition Fees, etc.) |
|
| (1) |
Any person who establishes and operates a driving school, etc. may collect tuition fees, costs needed to perform skill examinations pursuant to Article 108, or usage charges (hereinafter referred to as "tuition fees, etc.") from students. |
| (2) |
Any person who establishes and operates a driving school, etc. shall determine tuition fees, etc. taking into account the content of education, education hours, etc. and then publically display them in the driving school, etc. as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
Any person who establishes and operates a driving school, etc. shall not receive any money in excess of tuition fees, etc. that are publically displayed pursuant to paragraph (2). |
| (4) |
When it is recognized that the education of driving schools is likely to be weak due to excessive reduction in tuition fees, etc., the Commissioner of the Local Police Agency may order the adjustment in the excessive reduction therein as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 111 (Refund of Tuition Fees, etc.) |
|
| (1) |
Where a student is unable to attend lectures or a student is unable to continue to operate the driving education because the registration of the driving school, etc. has been revoked, the relocation of the driving school, etc., the operation of the driving school, etc. has been suspended, or the designation of the driving school, etc. has been revoked, anyone who establishes and operates a driving school, etc. shall take measures to refund tuition fees paid by students and shall protect students by assisting them to enroll in another driving school, etc. |
| (2) |
Necessary matters concerning the grounds for the refund of tuition fees, etc., the amount of refund and measures, etc. for assisting students to enroll in another driving school, etc. as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) |
Where a student is enrolled in another driving school, etc. pursuant to paragraph (1), the education hours during which a student is educated in the previous driving school, etc. shall be deemed the education hours of the driving school, etc. in which such student is newly enrolled. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 112 (Report on Suspension or Closing of Driving Schools, etc.) |
|
Where anyone who establishes and operates a driving school, etc. closes, or suspends the operation of the driving school, etc. for a period of not less than one month, such person shall make a report thereon to the Commissioner of a Local Police Agency within seven days from the date on which he/she closes, or suspends the operation of the driving school, etc. as prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 113 (Administrative Disposition Taken on Driving Schools, etc.) |
|
| (1) |
When a driving school, etc. falls under any of the following subparagraphs, the Commissioner of a Local Police Agency shall revoke its registration or order the operation of the driving school, etc. suspended by fixing a period of not more than one year according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That when the driving school, etc. falls under subparagraph 1, its registration shall be revoked: |
| 1. |
Where a driving school, etc. has been registered pursuant to Article 99 or has been designated pursuant to Article 104 (1) by fraudulent or illegal means; |
| 2. |
Where a driving school, etc. falls short of the facility standards provided for in Article 101; |
| 3. |
Where a driving school, etc. fails to open by the time two months have elapsed since the date on which it is scheduled to open without justifiable grounds; |
| 4. |
Where a driving school, etc. suspends its operation for not less than two months without justifiable grounds; |
| 5. |
Where a driving school, etc. operates by illegal means, changing registered matters without registering such changes; |
| 6. |
Where a driving school, etc. violates the standards for posting instructors provided for in Article 103 (1) or the standards for posting skill examiners and instructors provided for in Article 104 (1) 2; |
| 7. |
Where a driving school, etc. conducts its education in contrary to the educational courses, educational methods, operation standards, etc. provided for in Article 103 (2) or 104 (1) 4, or verifies the completion of such education falsely; |
| 8. |
Where anyone who has established and operates a driving school, etc. fails to comply with a request for training and education, and to take measures for instructors and skill examiners of the driving school, etc. to undergo training and education in violation of the latter part of Article 109 (1); |
| 9. |
Where a driving school, etc. fails to submit materials or to make a report pursuant to Article 141 (2) or submits false materials or makes a false report; |
| 10. |
Where a driving school, etc. rejects, impedes or evades access and inspection by public officials in charge of driving schools, etc. provided for in Article 141 (2); |
| 11. |
Where a driving school, etc. fails to comply with an order given to improve its facilities and equipment pursuant to Article 141 (2) and any other order with respect necessary matters; |
| 12. |
Where a driving school, etc. violates this Act, any order given pursuant to this Act, or any disposition taken pursuant to this Act. |
| (2) |
Where any specialized driving school falls under any of the following subparagraphs, the Commissioner of a Local Police Agency may revoke the registration of such specialized driving school and order the operation of such specialized driving school suspended for a fixed period of not more than one year, according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security: |
| 1. |
Where a specialized driving school fails to conduct traffic safety education provided for in Article 74 (1); |
| 2. |
Where a specialized driving school falls under the grounds of disposition or the cancellation of designation or the suspension of operation of a traffic safety educational institution referred to in Article 79; |
| 3. |
Where the operation of a specialized driving school is not in conformity with the standards provided for in Article 104 (1) 4; |
| 4. |
Where a specialized driving school fails to obtain approval to change important matters, in violation of Article 104 (3); |
| 5. |
Where the superintendent of a specialized driving school gets anyone who is not an instructor to provide education for knowledge and skills, in violation of Article 106 (5); |
| 6. |
Where a specialized driving school performs the skill examination of any person who has not completed knowledge and skills education concerning the driving of motor vehicles, or skill examination of any other person who has not completed driving training on a road, in violation of Article 108 (2); |
| 7. |
When the superintendent of a specialized driving school allows anyone who is not a skill examiner to examine skills, in violation of Article 108 (3); |
| 8. |
When any skill examiner of a specialized driving school falsely verifies a successful result for any skill examination test, in violation of Article 108 (4); |
| 9. |
When the superintendent of a specialized driving school delivers a certificate of completion or a certificate of graduation to anyone who has failed to pass a skill examination, in violation of Article 108 (5). |
| (3) |
Where any specialized driving school falls under any of the following subparagraphs, the Commissioner of a Local Police Agency may revoke the designation thereof according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security: |
| 1. |
Where a specialized driving school is found not to be in conformity with the standards for designation provided for in Article 104 (1) 1 through 3; |
| 2. |
Where the operation of a specialized driving school is suspended pursuant to paragraphs (1) and (2). |
| (4) |
Where a driving school, etc. continues to operate in violation of an order given to suspend its operation pursuant to paragraph (1) or (2), the Commissioner of a Local Police Agency may revoke its registration according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security or order the operation of the driving school, etc. suspended for an additional fixed period of not more than one year. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 114 (Hearings) |
|
When intending to revoke the registration, designation, etc. of any driving school, etc. pursuant to Article 113, the Commissioner of a Local Police Agency shall hold a hearing with regard thereto.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 115 (Measures Taken against Driving Schools, etc.) |
|
| (1) |
Where any driving school, etc. established and operated without having been registered pursuant to Article 99 or designated under Article 104 (1), or any other driving school, etc. whose registration is revoked pursuant to Article 113, or is subject to a disposition taken to suspend its operation, continues to conduct driving training, the Commissioner of a Local Police Agency may take the measures falling under any of the following subparagraphs to close the relevant driving school, etc. or suspend the operation thereof: |
| 1. |
Measures to remove the signboard and signs of a driving school, etc. and install facilities used to prevent students from entering the driving school, etc.; |
| 2. |
Measures to affix signs to the driving school, etc., which publically inform that the relevant driving school, etc. is an unregistered or non-designated establishment and is subject to an administrative disposition taken pursuant to Article 113. |
| (2) |
The measures referred to in paragraph (1) shall be taken within the minimum extent necessary to accomplish the objectives thereof. |
| (3) |
Public officials in charge of the measures referred to in paragraph (1) shall carry certificates evidencing their authority and present them to the related persons. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 116 (Prohibition on Unregistered and Paid Driving Education) |
|
Anyone who fails to have his/her driving school registered pursuant to Article 99 shall not perform an act falling under any of the following subparagraphs in return for payment:
| 1. |
Driving education of motor vehicles, etc. conducted outside a driving school, etc., or conducted in a driving school, etc., after borrowing the name of a driving school, etc.; |
| 2. |
Installing facilities in which it is possible to practice driving a motor vehicle, etc. and soliciting people to make use of such facilities. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 117 (Prohibition on Using Similar Names, etc.) |
|
| (1) |
Anyone who fails to have his/her driving school registered pursuant to Article 99 shall not display or advertise its trading name using any name similar to that of the driving school. |
| (2) |
Anyone who fails to have his/her driving school registered pursuant to Article 99 shall not affix any sign similar to that of a motor vehicle of any driving school, which is used for driving training on a road, on any motor vehicle that he/she owns or rents. |
| (3) |
Any driving school that is not a specialized driving school provided for in this Act shall not use the title "specialized driving school" or any title similar thereto. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 118 (Legal Fiction of Superintendents of Specialized Driving Schools as Public Officials) |
|
The superintendent or vice superintendent of any specialized driving school, when verifying the details of skill examinations, and lecture participation, skill examiners, when conducting skill examinations and lecturers, when verifying lecture participation, respectively, shall be deemed public officials in the application of the Criminal Act and the penal provisions of other Acts.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 119 (Federation of Specialized Driving Schools) |
|
| (1) |
The founders of specialized driving schools may form a federation of specialized driving schools (hereinafter referred to as the "Federation") in order to ensure the sound development of specialized driving schools and facilitate mutual cooperation among them and their common interests. |
| (2) |
The Federation shall be a corporation. |
| (3) |
The matters falling under each of the following subparagraphs shall be included in the Articles of association of the Federation: |
| 3. |
The location of its principal office; |
| 4. |
Matters concerning the board of directors and its members; |
| 5. |
Matters concerning its executives and employees; |
| 6. |
Matters concerning its work; |
| 7. |
Matters concerning its property and accounting; |
| 8. |
Matters concerning any change in the Articles of association. |
| (4) |
The Articles of association referred to in paragraph (3) shall be authorized by the Commissioner General of the National Police Agency. The same shall apply to cases where the Articles of association is amended. |
| (5) |
The Federation shall perform the work falling under each of the following subparagraphs: |
| 1. |
The study of ways to develop the specialized driving school system; |
| 2. |
The development of educational facilities and teaching materials of specialized driving schools; |
| 3. |
The study and development of ways to examine education and skills that are conducted by specialized driving schools; |
| 4. |
Projects aimed at facilitating the education, training and welfare of the superintendents, vice superintendents, skill examiners and instructors of specialized driving schools; |
| 5. |
Matters commissioned by the Commissioner General of the National Police Agency; |
| 6. |
Other projects necessary to attain the objectives of the Federation. |
| (6) |
The Commissioner General of the National Police Agency shall supervise the Federation as prescribed by Presidential Decree and may give orders necessary to ensure the sound operation of the Federation. |
| (7) |
The provisions governing incorporated associations under the Civil Act, with the exception of the provisions of this Act governing the Federation, shall apply mutatis mutandis to the Federation. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER XI ROAD TRAFFIC AUTHORITY
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| Article 120 (Establishment of Road Traffic Authority) |
|
| (1) |
The Road Traffic Authority (hereinafter referred to as the "Authority") shall be established in order to prevent traffic danger and impediments on roads by keeping traffic in good order and raising the traffic safety through education, public relations, study and technological development of traffic safety and administration of driver's license tests. |
| (2) |
The Authority shall be a corporation. |
| (3) |
Necessary matters concerning the establishment and the registration of the Authority shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 121 (Establishment of Branch Offices, etc.) |
|
The Authority may have a branch office, sub-branch office, research institute, traffic accident analysis center, educational institution, traffic report broadcasting station and driver's license test facilities.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 122 (Articles of Association) |
|
| (1) |
Any of the following matters shall be included in the Articles of association of the Authority: |
| 3. |
The location of its principal office; |
| 4. |
Matters concerning its projects; |
| 5. |
Matters concerning the board of directors; |
| 6. |
Matters concerning its executives and employees; |
| 7. |
Matters concerning its property and accounting; |
| 8. |
Matters concerning its operational fund; |
| 9. |
Matters concerning publication; |
| 10. |
Matters concerning any amendment to its Articles of association. |
| (2) |
The Authority shall, when it intends to amend its Articles of association, obtain authorization thereon from the Commissioner General of the National Police Agency. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 123 (Projects) |
|
The Authority shall undertake any of the following projects:
| 1. |
Surveying and studies conducted to map out measures to ensure the road traffic safety; |
| 2. |
The research and development of road traffic safety technology, its dissemination and technical services; |
| 3. |
Public relations and broadcasts concerning road traffic safety; |
| 4. |
Education and training concerning road traffic safety and the issuance and management of certificates of qualifications; |
| 5. |
Testing, inspecting, correcting, operating and managing the traffic safety facilities and traffic law enforcement devices as well as technical support; |
| 6. |
The collection, publication and distribution of data pertaining to road traffic safety; |
| 7. |
The recommendation of ways to resolve problems involving in the enforcement of Acts and subordinate statutes governing roads and traffic; |
| 8. |
The introduction of foreign technology used to ensure the safety of road traffic, and international cooperation with foreign organizations involved in road traffic safety; |
| 9. |
Technical support for the administration of road traffic safety, and support for educating and training public officials in charge of road traffic administrative affairs; |
| 10. |
The inspection and analysis of road traffic accidents and related support services; |
| 11. |
Administration of driver's license tests; |
| 12. |
A regular aptitude test and occasional aptitude test on a person who has received a driver's license; |
| 13. |
The work of the road traffic safety commissioned by the State or local governments; |
| 14. |
Other work incidental to the work referred to in subparagraphs 1 through 13; |
| 15. |
Other work necessary to attain the objectives of the Authority. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 124 (Bearing of Expenses, etc.) |
|
When the Authority is commissioned by any corporation, organization or individual to perform the work related to the project activities provided for in Article 123, it may receive necessary expenses from such corporation, organization or individual.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 125 (Executives) |
|
The Authority shall have 11 or less directors including one president and one auditor.
[This Article Wholly Amended by Act No. 10382, Jul. 23, 2010]
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| Article 126 Deleted.<by Act No. 10382, Jul. 23, 2010> |
|
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| Article 127 Deleted.<by Act No. 10382, Jul. 23, 2010> |
|
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| Article 128 Deleted.<by Act No. 10382, Jul. 23, 2010> |
|
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| Article 129 (Employees) |
|
The employees of the Authority shall be appointed or dismissed by the president as prescribed by the Articles of association.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 129-2 (Legal Fiction of Public Officials of Executives and Employees of the Authority) |
|
Where the penal provisions under the Criminal Act or other Acts apply to affairs referred to in subparagraphs 11 through 13 of Article 123 and affairs which the Authority comes to conduct by proxy pursuant to Article 147 (5) and (6), executives and employees of the Authority shall be deemed public officials.
[This Article Newly Inserted by Act No. 10382, Jul. 23, 2010]
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| Article 129-3 (Prohibition of Divulgence of Confidential Information) |
|
Any person who is or was an executive or employee of the Authority shall not divulge or use any confidential information by stealth he/she has learned in the course of his/her duties.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 130 (Operational Funds) |
|
| (1) |
The funds needed to operate the Authority and to undertake projects for road traffic safety shall be appropriated from the financial resources under any of the following subparagraphs: |
| 1. |
Contributions and donations from the central government, local governments or individuals; |
| 2. |
Revenues from performing projects pursuant to Article 123 and affairs entrusted or by agent pursuant to Article 147; |
| 3. |
Profits that accrue from the management and operation of assets; |
| 4. |
Subsidies, loans and borrowings (including any funds and any materials introduced from foreign countries); |
| (2) |
Where it is deemed necessary to implement projects provided for in Article 123, the Authority may receive subsidy, take loans or borrow the funds (including funds borrowed or materials introduced by any international institution, any foreign government or any foreigner) upon approval therefor from the Commissioner General of the National Police Agency. |
| (3) |
When the authority has any surplus arising from the settlement of accounts at the end of any business year, it shall offset any loss brought forward and transfer any remainder to the annual revenues of the following year. |
| (4) |
Necessary matters concerning the purposes for the spending of and procedures for spending subsidies, loans or borrowings provided for in paragraph (1) 4 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 131 (Investments, etc.) |
|
| (1) |
Where it is necessary to efficiently implement projects, the Authority may invest in or contribute to works related to projects provided for in Article 123. |
| (2) |
When the Authority intends to make any investment or contributions pursuant to paragraph (1), it shall obtain approval therefor from the Commissioner General of the National Police Agency as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 132 (Gratuitous Leases of State-Owned Properties) |
|
Where it is necessary for the facilities and the operation of the Authority, the State or local governments may gratuitously lease State-owned property and public property to the Authority and allow it to use them or to make a profit on them.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 133 Deleted.<by Act No. 10382, Jul. 23, 2010> |
|
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| Article 134 (Compilation of Budget and Approval) |
|
The Authority shall compile a budget of the following fiscal year and undergo the resolution of the board of directors and then determine the budget with approval of the Commissioner General of the National Police Agency before the commencement of the following fiscal year. The same shall also apply when it changes the budget.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 135 Deleted.<by Act No. 10382, Jul. 23, 2010> |
|
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| Article 136 (Mutatis Mutandis Application of Civil Act) |
|
The provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Authority unless otherwise prescribed by this Act.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER XII SUPPLEMENTARY PROVISIONS
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| Article 137 (Management and Provision, etc. of Information Pertaining to Drivers) |
|
| (1) |
The Commissioner General of the National Police Agency shall establish and operate a data processing system to maintain and manage integrated information on drivers' licenses, traffic accidents and violations of traffic laws and regulations. |
| (2) |
The Commissioner of a Regional Policy Agency and the chief of a police station shall register and manage information on drivers' licenses, traffic accidents and violations of traffic laws and regulations, and the Authority shall register and manage information on drivers' licenses in a data processing system pursuant to paragraph (1), respectively. |
| (3) |
Any driver or his/her agent may file an application with the Commissioner of a Regional Police Agency, the chief of a police station or the Authority for a certificate of confirmation of the information referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) |
Upon receiving the application referred to in paragraph (3), the Commissioner of a Regional Police Agency, the chief of a police station or the Authority shall certify confirmation of information pertaining to the driver in the form of a document, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 138 (Keeping of Drivers' Licenses, etc. in Custody) |
|
| (1) |
Where any driver of a motor vehicle, etc. falls under any of the following subparagraphs, police officers may deliver a notice for the payment of penalties or a written summons provided for in Article 164 to the driver of any motor vehicle, etc. on the spot and request the driver to surrender his/her driver's licence in order to keep it in custody. In such cases, the fact that a driver's license, etc. is kept in custody shall be entered in the notice for the payment of a penalty or the written summons: |
| 1. |
Where a driver causes any traffic accident; |
| 2. |
Where it is recognized that a driver is subject to disposition of driver license revocation or suspension pursuant to Article 93; |
| 3. |
Where anyone who holds an international driver's license issued in any foreign country under Article 96 commits an offense provided for in Article 162 (1). |
| (2) |
The notice for the payment of a penalty or the written summons referred to in paragraph (1) shall have the same effect as that of a driver's license, etc. (excluding any student license) until the date on which the penalty is paid or the date on which appearance is made pursuant to the summons. |
| (3) |
Where any autonomous police officer keeps any driver's license, etc. in custody pursuant to paragraph (1), he/she shall promptly notify thereof, accompanied by the driver's license, etc. to the head of the competent police station. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 138-2 (State Subsidies) |
|
The State may subsidize all or some of expenses incurred in the establishment and management of protection areas for children pursuant to Article 12 and protection areas for the aged and the disabled pursuant to Article 12-2 to local governments within its budgetary limits.
[This Article Newly Inserted by Act No. 10382, Jul. 23, 2010]
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| Article 139 (Fees) |
|
| (1) |
Any of the following persons shall pay fees as prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That where the Commissioner General of the National Policy Agency or the Commissioner of a Regional Policy Agency has allowed the Authority to conduct business by agent pursuant to Article 147, any person shall pay fees determined and announced publicly by the Authority which conducts the relevant business by agent upon approval from the Commissioner General of the National Policy Agency to the Authority: |
| 1. |
Anyone who files an application for designating an emergency motor vehicle provided for in subparagraph 22 of Article 2; |
| 2. |
Anyone who files an application for permitting the traffic of a motor vehicle, the width of which is wider than that of a lane pursuant to Article 14 (3); |
| 3. |
Anyone who files an application for permission for persons to board any motor vehicle or to load goods onto any motor vehicle in excess of the safety standards provided for in Article 39; |
| 4. |
Anyone who files an application for designation of any traffic safety educational institution pursuant to Article 74 (including the re-issuance of a certificate of designation); |
| 5. |
Anyone who files an application for the issuance or the re-issuance of his/her driver's license pursuant to Articles 85 through 87; |
| 6. |
Anyone who files an application for issuance of a temporary drive certificate pursuant to Article 91; |
| 7. |
Anyone who files an application for issuance of an international driver's license pursuant to Article 98; |
| 8. |
Anyone who files an application for designation of a specialized driving school pursuant to Article 104 (including an application filed for the re-issuance of a certificate of designation); |
| 9. |
Anyone who applies for a qualification examination for instructors or skill examiners pursuant to Articles 106 and 107, or files an application for the issuance of a certificate of qualification (including the re-issuance of a certificate of qualification); |
| 10. |
Anyone who files an application for skill examination pursuant to Article 108; |
| 11. |
Anyone who files an application for a certificate of information pertaining to a driver pursuant to Article 137 (3). |
| (2) |
Any of the following persons shall pay fees determined and announced publicly by the Authority upon approval of the Commissioner General of the National Police Agency: |
| 1. |
Any person who applies for a driver's license test pursuant to Article 83; |
| 2. |
Any person who applies for a regular aptitude test and occasional aptitude test or applies for the deferment of an aptitude test pursuant to Articles 87 and 88. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 140 (Tuition Fees, etc. of Traffic Safety Educational Institutions) |
|
Anyone who conducts traffic safety education pursuant to Article 73 (1) and the special traffic safety education pursuant to paragraph (2) of the same Article may receive tuition fees from students.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 141 (Guidance and Supervision, etc.) |
|
| (1) |
The Commissioner of a Regional Police Agency shall properly guide and supervise traffic safety educational institutions or driving schools, etc. in order to ensure their sound development. |
| (2) |
Where it is deemed necessary, the Commissioner of a Regional Police Agency may request any of the following persons to submit or report matters concerning facilities, equipment and education and submit various statistical data, or cause relevant public officials to enter relevant establishments to inspect facilities, equipment, books and documents. In such cases, the commissioner of a Regional Police Agency may order facilities and equipment to be upgraded if it is deemed necessary to do so: |
| 1. |
The head of any traffic safety educational institution; |
| 2. |
Anyone who establishes and operates any driving school; |
| 3. |
The superintendent of any specialized driving school provided for in Article 104 (1) 1. |
| (3) |
The relevant public officials who enter any traffic safety educational institution or driving school, etc. in order to perform inspections under paragraph (2) shall carry a certificate evidencing their authority and produce it to the related persons. |
| (4) |
The Commissioner of a Regional Police Agency shall direct and supervise matters referred to in the following subparagraphs among affairs of the Authority and may issue orders necessary to accomplish the objectives for which it is established: |
| 1. |
Matters concerning organization management; |
| 2. |
Matters concerning administration of driver's license tests and conducting business of regular or occasional aptitude tests; |
| 3. |
Matters concerning the business which the Commissioner General of the National Police Agency entrusts, approves or allows the Authority to conduct by agent and business which the commissioner of a Regional Police Agency entrusts or allows the authority to conduct by agent; |
| 4. |
Other matters prescribed by related Acts and subordinate statutes. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 142 (Relation to Administrative Litigation) |
|
No administrative litigation on any disposition taken pursuant to this Act shall be filed unless it has undergone an abjudication in an administrative trial.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 143 (Regulation by Si/Gun Public Officials against Motor Vehicles Traveling in Exclusive Lanes, etc.) |
|
| (1) |
Where any driver is found to violate a duty not to travel along an exclusive lane under Article 15 (3), a duty to give the right of way to any emergency motor vehicle under Article 29 (4) and (5) or a duty not to stop and park a motor vehicle under Articles 32 through 34, Si/Gun public officials may issue a written notice forthwith clearly indicating the gist of such violation as well as the date on, and the place at which the violator is to appear before the head of the relevant police station (in the case of the Jeju Special Self-Governing Province, it shall refer to the Governor of the Jeju Special Self-Governing Province; hereinafter in this Article the same shall apply) on the spot and request the driver to present his/her driver's license to be kept it in custody as prescribed by the Ordinance of the Ministry of Public Administration and Security. In such cases, the written notice shall have the same effect as that of a driver's license until the date on which the driver appears. |
| (2) |
When a Si/Gun public official delivers a written notice pursuant to paragraph (1), the official shall notify without delay the head of the competent police station thereof, accompanied by the driver's license. |
| (3) |
Upon receiving the written notice notified pursuant to paragraph (2), the head of the competent police station shall confirm the act of violation. |
| (4) |
Si/Gun public officials shall not abuse their authority, contrary to the intended purposes, when delivering the written notice pursuant to paragraph (1) and taking any other measures. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 144 (Development, etc. of Traffic Safety Rules and Guidelines for Traffic Safety Education) |
|
| (1) |
The Commissioner General of the National Police Agency shall develop traffic safety rules in which any of the following matters are addressed and disseminate such traffic safety rules widely: |
| 1. |
The provisions of Acts and subordinate statutes governing road traffic safety; |
| 2. |
Methods of handling motor vehicles and knowledge necessary to drive motor vehicles in a safe manner and in an environmental-friendly and economical manner; |
| 3. |
Other matters necessary to ensure safe and smooth flow of traffic by removing and preventing danger and impediment on the road. |
| (2) |
The Commissioner General of the National Police Agency shall develop and disseminate guidelines for traffic safety education in which any of the following matters are addressed in order for persons who educate persons walking the road regarding traffic safety to educate them effectively and systematically: |
| 1. |
Matters concerning the safe and environment-friendly and economical driving of motor vehicles, etc.; |
| 2. |
Matters concerning the prevention and settlement of traffic accidents; |
| 3. |
Matters concerning safe movement of pedestrians; |
| 4. |
Matters concerning the prevention of traffic accidents of children, persons with disabilities and senior citizens; |
| 5. |
Other matters necessary to efficiently educate people in traffic safety. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 145 (Provision of Traffic Information) |
|
The Commissioner General of the National Police Agency shall collect and analyze information necessary to ensure safe and smooth flow of traffic and provide the public with the results thereof without delay. <Amended by Act No. 8845, Jan. 17, 2008>
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| Article 145-2 (Large Area Traffic Information Project) |
|
The Commissioner General of the National Police Agency may have the Commissioners of Local Police Agencies promote a project, after consultation with the Mayor, etc., for which they collect large area traffic information, and through which they supply the public with the result of analysis of the information in connection with the traffic information of other areas.
[This Article Newly Inserted by Act No. 8845, Jan. 17, 2008]
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| Article 146 (Merit Points for Accident-Free and Meritorious Drivers) |
|
| (1) |
The Commissioner General of the National Police Agency may award merit points for accident-free and meritorious driving to any person who has not caused any traffic accidents while driving a motor vehicle after holding a driver's license for a certain period and any other person who has received a merit award from the head of any policy agency pursuant to the Acts and subordinate statutes governing the citations by the Government. |
| (2) |
The type of the merit points referred to in paragraph (1), persons who are eligible for merit points, and necessary matters concerning awarding merit points shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
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| Article 147 (Commission and Entrustment, etc.) |
|
| (1) |
The Mayor, etc. may commission part of his/her authority and clerical work provided for in this Act to the Commissioner of a Regional Police Agency or the chief of a police station or entrust the Commissioner of a Regional Police Agency or the chief of a police station with part of his/her authority and clerical work provided for in this Act, as prescribed by Presidential Decree. |
| (2) |
The Special Metropolitan City Mayor and the Metropolitan City Mayor may commission part of his/her authority provided for in this Act to the head of Gu (referring to the head of an autonomous Gu) and Gun under his/her jurisdiction as prescribed by Presidential Decree. |
| (3) |
The Commissioner of a Regional Police Agency may delegate part of his/her authority or his/her clerical work provided for in this Act to the chief of the competent police station or entrust the specialized traffic educational institution or the specialized research institution with part of his/her authority or his/her clerical work. |
| (4) |
The Commissioner of a Regional Police Agency or the chief of any police station may entrust part of the clerical work that is delegated or entrusted by the Mayor, etc. pursuant to paragraph (1) to a specialized traffic educational institution or a specialized research institution, as prescribed by Presidential Decree. |
| (5) |
The Commissioner of a Regional Police Agency may allow the Authority to conduct part of his/her affairs by proxy regarding drivers' licenses under this Act, as prescribed by Presidential Decree. |
| (6) |
The Commissioner General of the National Police Agency may allow the Authority to conduct affairs by agent related to qualification examinations on instructors and skill inspectors and issuance of certificates of qualification pursuant to Articles 106 and 107. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER ⅩⅢ PENAL PROVISIONS
law view
| Article 148 (Penal Provisions) |
|
Anyone who has failed to take necessary measures as provided for in Article 54 (1) when a traffic accident occurs shall be punished by imprisonment with prison labor for not more than 5 years or by a fine not exceeding 15 million won.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 148-2 (Penal Provisions) |
|
| (1) |
Anyone who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than five million won but not exceeding ten million won: |
| 1. |
Anyone who has violated Article 44 (1) twice or more and drives a motor vehicle, etc. while intoxicated, in violation of Article 44 (1); |
| 2. |
Anyone with reasonable grounds deemed intoxicated who fails to comply with a request for a breath alcohol testing by a police officer pursuant to Article 44 (2). |
| (2) |
Anyone who drives a motor vehicle, etc. while intoxicated, in violation of Article 44 (1) shall be punished according to the classification under each of the following subparagraphs: |
| 1. |
Anyone whose blood alcohol content is not less than 0.2 percent shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than five million won but not exceeding ten million won; |
| 2. |
Anyone whose blood alcohol content is not less than 0.1 percent but less than 0.2 percent shall be punished by imprisonment with prison labor for not less than six months but not more than one year or a by fine not less than three million won but not exceeding five million won; |
| 3. |
Anyone whose blood alcohol content is not less than 0.05 percent but less than 0.1 percent shall be punished by imprisonment with prison labor for not more than six months or a by fine not exceeding three million won. |
| (3) |
Anyone who drives a motor vehicle in the state that he/she is likely not to drive normally under the influence of drugs, in violation of Article 45 shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding ten million won. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 149 (Penal Provisions) |
|
| (1) |
Anyone who has operated signal apparatus and removed, relocated or damaged traffic safety facilities without approval therefor in violation of Article 68 (1) shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding seven million won. |
| (2) |
Anyone who has caused any traffic danger on any road by way of any act referred to in paragraph (1) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 15 million won. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 150 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding five million won:
| 1. |
Anyone who does or takes the lead in dangerous conduct with others, in violation of Article 46 (1) or (2); |
| 2. |
Any traffic safety education instructor who falsely report the details of lecture participants as provided for in Article 77 (1); |
| 3. |
The head of any traffic safety educational institution who issues a certificate of the education completion to anyone who has not participated in such education or met the standards, in violation of Article 77 (2); |
| 4. |
Anyone who has registered a driving school provided for in Article 99 or is designated by a specialized driving school provided for in Article 104 (1) by fraudulent and illegal means; |
| 5. |
Anyone who has issued any certificate of completion or any certificate of graduation provided for in Article 108 (5) without having a specialized driving school designated pursuant to Article 104 (1); |
| 6. |
Anyone who has conducted driving education for motor vehicles, etc. in return for fees, in violation of Article 116; |
| 7. |
Anyone who divulges or uses confidential information by stealth, in violation of Article 129-3. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 151 (Penal Provisions) |
|
Where the driver of any motor vehicle damages the building or goods of any other person due to negligent disregard or gross negligence, he/she shall be punished by imprisonment without prison labor for not more than two years or by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 152 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won:
| 1. |
Anyone who has driven a motor vehicle without obtaining a driver's license (excluding a motorcycle driver's license; hereinafter the same shall apply in this Article) pursuant to Article 80 (including cases where the effect of the driver's license is suspended) or an international driver's license (including cases where the driving of any motor vehicle is prohibited and the effective period has expired) pursuant to Article 96, in violation of Article 43; |
| 2. |
Any employer, etc. who has caused any person who has no driver's license (including any person for whom the effect of his/her driver's license is suspended) to drive any motor vehicle, in violation of Article 56 (2); |
| 3. |
Anyone who has received a driver's license or a certificate of a driver's license or any certificate in lieu of a driver's license by fraudulent and illegal means; |
| 4. |
Anyone who disposed of Articles on the road, which can impede the flow of traffic without permission therefor, in violation of Article 68 (2); |
| 5. |
The head of any traffic safety educational institution who has caused any person who is not a traffic instructor to conduct the traffic safety education, in violation of Article 76 (4); |
| 6. |
Anyone who has used any similar name, etc, in violation of Article 117. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 152-2 Deleted.<by Act No. 10382, Jul. 23, 2010> |
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law view
| Article 153 (Penal Provisions) |
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Any of the following persons shall be punished by imprisonment with prison labor for not more than six months, by a fine not exceeding two million won, or by penal detention:
| 1. |
Anyone who has caused another person to drive any poorly repaired motor vehicle or has driven any poorly repaired motor vehicle, in violation of Article 40; |
| 2. |
Anyone who has not complied with or has rejected or impeded any request, any measure or any order of police officers pursuant to Article 41, 47 or 58; |
| 3. |
Anyone who manufactures, imports, sells or installs a device interfering with functions of traffic regulation equipment for the purpose of avoiding traffic regulation, in violation of Article 46-2; |
| 4. |
Anyone who drives a motor vehicle with a device installed to interfere with functions of traffic regulation equipment, in violation of Article 49 (1) 4; |
| 5. |
Anyone who has impeded the act of making a report or taking measures when any traffic accident occurs, in violation of Article 55; |
| 6. |
Anyone who has installed traffic safety facilities or other artificial structures similar thereto without permission therefor, in violation of Article 68 (1); |
| 7. |
Anyone who has driven a motor vehicle in violation of the conditions provided for in Article 80 (3) or (4). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 154 (Penal Provisions) |
|
Anyone falling under any of the following subparagraphs shall be punished by a fine not exceeding 300,000 won or by penal detention:
| 1. |
Anyone who has used the paintings, the signs, etc. or has driven a motor vehicle with such paintwork, markings, etc. in violation of Article 42; |
| 2. |
Anyone who has driven a motorcycle without obtaining a motorcycle driver's license as provided for in Article 80, in violation of Article 43; |
| 3. |
Anyone who has driven a motor vehicle, etc. in a condition that makes it impossible for him/her to drive normally due to overwork or illness, in violation of Article 45; |
| 4. |
Anyone who has failed to make a report or take measures when any traffic accident occurs, pursuant to Article 54 (2); |
| 5. |
Any employer who has caused any other person who has not obtained a motorcycle driver's license, to drive a motorcycle, in violation of Article 56 (2); |
| 6. |
Anyone who has walked or crossed any expressway, etc. in violation of Article 63; |
| 7. |
Anyone who has failed to make a report on his/her road work provided for in Article 69 (1), has violated the measures provided for in paragraph (2) of the same Article or anyone who has failed to install the traffic safety facilities provided for in paragraph (3) of the same Article or has failed to reinstate the traffic safety facilities into their original state in violation of paragraph (4) of the same Article; |
| 8. |
Anyone who has violated any order given by the head of a police station pursuant to Article 71 (1). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 155 (Penal Provisions) |
|
Anyone who has failed to comply with the request of any police officer to produce his/her driver's license or to make a statement to identify a driver, in violation of Article 92 (2) shall be punished by a fine not exceeding 200,000 won or by penal detention.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 156 (Penal Provisions) |
|
Any of the following persons shall be punished by a fine not exceeding 200,000 won, by penal detention or by fine for negligence:
| 1. |
The driver of any motor vehicle or the rider of any horse who has violated Articles 5, 13 (1) through (3) and (5), 14 (2) through (4), 15 (3) (including cases where the provisions are mutatis mutandis applied in Article 61 (2)), Articles 15-2 (3), 17 (3), 18, 19 (1), (3) and (4) and 21 (1), (3) and (4), 24, 25 through 28, 32, 33, 37 (excluding paragraph (1) 2), 38 (1), 39 (1) through (4), 48, 49 (excluding a person who drives a motor vehicle, in violation of paragraph (1) 1, 3 and 11 of the same Article and a person who drives a motor vehicle with a device installed on which to interfere with functions of traffic regulation equipment among offenses referred to in subparagraph 4 of the same Article), Articles 50 (5) through (7), 51, 53 (1) and (2), 62 or 73 (2) (only applicable to subparagraphs 2 and 3 of the same paragraph); |
| 2. |
The driver of any motor vehicle who has violated any prohibition, restrictions or measures provided for in Articles 6 (1), (2) and (4) or 7; |
| 5. |
Anyone who has violated any restrictions imposed by the Commissioner of the Local Police Agency pursuant to Article 39 (5); |
| 6. |
Any driver who has failed to fasten his/her safety belt or to wear a life protection outfit, in violation of Article 50 (1) and (3); |
| 7. |
Anyone who has refused or interfered with collecting his/her driver's license by a police officer pursuant to Article 95 (2). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 157 (Penal Provisions) |
|
Any of the following persons shall be punished by a fine not exceeding 200, 000 won, by penal detention or by a fine for negligence:
| 1. |
Any pedestrian who has violated Articles 5, 8 (1) and 10 (2) through (5); |
| 2. |
Any pedestrian who has violated any prohibition, any restrictions or measure provided for in Article 6 (1), (2), (4) or (7); |
| 3. |
Pedestrians in a procession or the leader thereof, who have violated Article 9 (1) or the measures taken by police officers pursuant to paragraph (3) of the same Article; |
| 4. |
Anyone who has performed any prohibited act on a road, in violation of Article 68 (3). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 158 (Concurrent Sentence of Punishment) |
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Anyone who has committed any offense provided for in this CHAPTER may be concurrently sentenced to a fine, fine for negligence or penal detention, depending on the circumstances.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 159 (Joint Penal Provisions) |
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Where the representative of any corporation, the agent of a corporation or an individual, or an employer or employee commits any act in violation of any act falling under Articles 148, 148-2, 149 through 157 in connection with the business of a corporation or the individual, such corporation and individual shall be sentenced to a fine or a fine for negligence in addition to the punishment of the offender: Provided, That this shall not apply to cases where a corporation or individual has not neglected to pay reasonable attention to and supervise the relevant business to prevent such offense.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 160 (Fines For Negligence) |
|
| (1) |
Any of the following persons shall be punished by a fine for negligence not exceeding five million won: |
| 1. |
Anyone who has failed to report the suspension or the discontinuation of the operation of a traffic safety educational institution, in violation of Article 78; |
| 2. |
Anyone who has failed to post personnel matters concerning lectures and educational subjects, in violation of Article 109 (2); |
| 3. |
Anyone who has failed to post tuition fees, etc. in violation of Article 110 (2) or has received tuition fees in excess of the posted tuition fees, in violation of paragraph (3) of the same Article; |
| 4. |
Anyone who has failed to take measures necessary to protect students, including the refund of tuition fees, etc. in violation of Article 111; |
| 5. |
Anyone who has failed to report the suspension or the closure of a driving school or a specialized driving school, in violation of Article 112; |
| 6. |
Anyone who has removed signboards and signs provided for in Article 115 (1) or has rejected, impeded or evaded the installation of facilities and the affix of signboards and signs or has removed installed facilities or affixed signboards and signs without permission therefor. |
| (2) |
Any of the following persons shall be punished by a fine for negligence not exceeding 200,000 won: |
| 1. |
Any driver of a motor vehicle which has violated Article 49 (1) (only applicable to subparagraphs 1 and 3 of the same paragraph); |
| 2. |
Any driver who has failed to get all passengers to fasten their seat belts, in violation of Article 50 (1) and (2) or 67 (1); |
| 3. |
Any driver who has failed to have all passengers wear their safety harnesses, in violation of Article 50 (3); |
| 4. |
Any driver of a school bus who has failed to keep a certificate of report in the school bus, in violation of Article 52 (2); |
| 5. |
Any driver who has violated the matters to be observed on the expressway, etc. pursuant to Article 67 (2); |
| 6. |
Any person who has failed to receive a regular or occasional aptitude test, in violation of Article 87 (1) or 88 (1); |
| 7. |
Any driver who has failed to have his/her driver's license renewed during the driver's license renewal period, in violation of Article 87 (3). |
| (3) |
Where any motor vehicle is proved by any photograph, any videotape or any visual recorder that it has violated Articles 5, 13 (3), 15 (3) (including a case where the provisions are mutatis mutandis applied in Article 61 (2)), 17 (3), 29 (4) and (5), 32 through 34 or 60 (1), and such motor vehicle falls under any instance of the following subparagraphs, the employer, etc. provided for in Article 56 (1) shall be punished by a fine for negligence not exceeding 200,000 won: |
| 1. |
Where it is impossible to deliver a written notice as provided for in Article 143 (1) because the driver who has performed the violation cannot be identified (limited to cases where he/she violates Articles 15 (3), 29 (4) and (5), 32, 33 or 34); |
| 2. |
Where it is impossible to take a disposition to serve a notice pursuant to Article 163. |
| (4) |
Notwithstanding paragraph (3), in cases of falling under each of the following subparagraphs, a disposition shall not be taken to impose a fine for negligence: |
| 1. |
Where the relevant motor vehicle has been stolen or where other inevitable circumstances exist; |
| 2. |
Where a driver is punished pursuant to Article 156 for the act of the relevant violation (including cases where the driver is subject to a disposition taken to serve a notice for payment of penalty pursuant to Article 163); |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 161 (Imposition and Collection of Fines for Negligence) |
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The fine for negligence provided for in Article 160 (1) through (3) shall be imposed and collected by the person falling under each of the following subparagraphs as prescribed by Presidential Decree:
| 1. |
The fines for negligence provided for in Article 160 (1) through (3) (excluding a case where the traffic of exclusive lanes provided for in Article 15 (3) and the stopping or parking of motor vehicles provided for in Articles 32 through 34 are violated): the Commissioner of the Local Police Agency; |
| 2. |
The fine for negligence provided for in Article 160 (2) (only applicable to cases where a person has violated Articles 49 (1) 1 and 3, 50 (1) through (3) and 52 (2)) and (3) (limited to a case where Articles 5, 13 (3), 15 (3), 17 (3), 29 (4) and (5), 32 through 34 are violated): the Governor of the Jeju Special Self-Governing Province; |
| 3. |
The fine for negligence provided for in Article 160 (3) (limited to a case where Articles 15 (3), 29 (4) and (5), 32 through 34 are violated): the Mayors, etc. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 161-2 (Method of Payment, etc. of Fines for Negligence) |
|
| (1) |
Where the amount of fines for negligence to be paid is less than the amount prescribed by Presidential Decree, it may be paid by credit card, debit card, etc. (hereinafter referred to as "credit card, etc."), through an institution receiving fines for negligence by agent prescribed by Presidential Decree. In such cases, an "institution receiving fines for negligence by agent" means any person, which is an institution conducting settlement by credit card, etc., designated as an institution receiving fines for negligence by agent, by making use of an information and communications network. |
| (2) |
Where a fine for negligence is paid by credit card, etc. pursuant to paragraph (1), the date of approval of an institution receiving fines for negligence by agent shall be deemed the date of payment. |
| (3) |
An institution receiving fines for negligence by agent may receive fees from payers in exchange for services receiving fines for negligence by proxy by credit card, etc., as prescribed by Presidential Decree. |
| (4) |
Matters necessary for designation and operation of institutions receiving fines for negligence by agent and fees for receiving by agent, etc, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
CHAPTER ⅩⅣ SPECIAL CASES CONCERNING HANDLING OF ACT OF OFFENSE
law view
| Article 162 (General Provisions) |
|
| (1) |
"Violation of regulations" in this CHAPTER means the act of violation falling under any subparagraph of Article 156 or any subparagraph of Article 157. The specific scope shall be prescribed by Presidential Decree. |
| (2) |
"Violator" in this CHAPTER means a person who commits a violation and falls under any of the following subparagraphs: |
| 1. |
A driver who fails to produce his/her driver's license, etc. or a certificate in lieu thereof, or to answer a question of a police officer about his/her identity and the confirmation of his/her driver's license pursuant to Article 92 (1) at the time he/she commits a violation; |
| (3) |
"Penalty" in this CHAPTER means the amount that a violator must pay to the National Treasury or the depository of the Jeju Special Self-Governing Province in compliance with a notification disposition provided for in Article 163 and the amount of penalties shall be prescribed by Presidential Decree according to nature of the violation and the type of motor vehicle, etc. involved. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 163 (Notification Disposition) |
|
| (1) |
With respect to anyone who is deemed a violator, the head of police station or the Governor of the Jeju Special Self-Governing Province (in the case of the Governor of the Jeju Special Self-Governing Province, the act of violation provided for in Articles 15 (3), 39 (5), 60, 62, 64 through 66, 73 (2) 2 and 3 and 95 (1) which are applied mutatis mutandis pursuant to Article 6 (1) and (2), Article 61 (2) shall be excluded) may notify him/her of the payment of his/her penalty amount in the penalty payment notification clearly indicating the grounds for imposition of such penalty: Provided, That the same shall not apply to any of the following persons: |
| 1. |
Anyone whose name and domicile are unidentified; |
| 2. |
Anyone who is likely to abscond; |
| 3. |
Anyone who refuses to receive a penalty payment notification. |
| (2) |
In cases where the Governor of the Jeju Special Self-Governing Province takes a disposition to serve the notification pursuant to paragraph (1), he/she shall notify the head of the competent police station of the fact. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 164 (Payment of Penalty) |
|
| (1) |
Anyone who receives a penalty amount payment notification pursuant to Article 163 shall pay such penalty to the national treasury account at any bank, at any branch office of such bank, at any agency of such bank and at any post office designated by the Commissioner General of the National Police Agency or any financial company, etc. or its branch office designated by the Governor of the Jeju Special Self-Governing Province within 10 days from the date on which he/she receives a penalty payment notification: Provided, That when he/she is unable to pay the penalty within the period due to natural disaster or inevitable reasons, he/she shall pay the penalty within 5 days from the date on which such inevitable reasons cease to exist. |
| (2) |
Anyone who fails to pay the penalty within the payment period referred to in paragraph (1) shall pay the amount of the penalty in addition to 20/100 of the amount of penalty of which he/she is notified within 20 days from the date following the date on which the payment period expires. |
| (3) |
Anyone who pays a penalty pursuant to the provisons of paragraph (1) or (2) shall not be punished any further again for the selfsame offense. |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 165 (Person Who Fails to Implement Notification Disposition) |
|
| (1) |
The head of any police station shall promptly file a claim for summary judgment against anyone falling under any of the following subparagraphs: Provided, That the same shall not apply to anyone who falls under subparagraph 2 and pays the penalty that is added by 50/100 of the notified penal amount before the claim for such summary judgment is filed: |
| 1. |
Anyone who falls under any subparagraph of Article 163 (1); |
| 2. |
Anyone who fails to pay the penalty within the payment period provided for in Article 164 (2). |
| (2) |
When any dependent for whom summary judgment is claimed pursuant to paragraph (1) 2 pays the penalty in addition to 50/100 of the amount of notified penalty and submits evidentially documents before the summary judgment is granted, the head of police station shall withdraw his/her claim for the immediate judgment. |
| (3) |
Anyone who pays a penalty pursuant to the proviso to paragraph (1), apart from any of its subparagraphs or paragraph (2) shall not be punished any further for the selfsame offense. |
| (4) |
In the case of anyone who falls under any subparagraph of paragraph (1), the Governor of the Jeju Special Self-Governing Province shall promptly notify the head of the competent police station of the fact and transmit related documents to the head of the competent police station. In such cases, the head of the competent police station shall, upon receiving the related documents, deal with him/her pursuant to paragraphs (1) through (3). |
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
law view
| Article 166 (Prohibition on Abuse of Official Authority) |
|
In taking the disposition for notification pursuant to this CHAPTER, all police officers in charge of traffic crackdown shall be prohibited from abusing their official authority in deviating from their original objectives without permission therefor.
[This Article Wholly Amended by Act No. 10790, Jun. 8, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which one year elapses after its promulgation.
Article 2 (Precedent for Concerning Special Traffic Safety Education)
The amended provisions of Article 73 (2) 3 shall apply, commencing with the first novice driver who is subject to a disposition taken to suspend the effect of his/her driver's license after this Act enters into force.
Article 3 (Precedent for Application Concerning Prohibition on Driving Motor Vehicle while Intoxicated)
The amended provisions of Article 82 (2) 5 and 93 (1) 2 shall apply, commencing with the first violation that is committed after June 30, 2001, being the date on which the Road Traffic Act amended by Act No. 6392 entered into force. In such cases, the first violation committed or is committed after June 30, 2001 shall be deemed the first violation.
Article 4 (Transitional Measures Concerning Previous Drivers' Licenses, etc.)
The act that is performed by any administrative agency and any act is performed on any administrative agency pursuant to the former provisions at the time of this Act enters into force shall be deemed an act performed by an administrative agency and an act performed on an administrative agency pursuant to this Act.
Article 5 (Transitional Measures Concerning Road Traffic Safety Authority)
The Road Traffic Safety Authority established pursuant to the former provisions at the time this Act enters into force shall be deemed the Road Traffic Safety Authority established pursuant to this Act.
Article 6 (Transitional Measure Concerning Refund of Contributions)
| (1) |
An application may be filed for the refund of contributions that have already been made to the Road Traffic Safety Authority pursuant to the former provisions of Article 92-2 prior to the entering into force of the Road Traffic Act, Act No. 6565, within 5 years from January 1, 2002, being the date on which the Road Traffic Act amended by Act No. 6565 enters into force. In such cases, with respect to any contribution for which no application is filed for the refund thereof during the application period, the claim for refund thereof shall be extinguished on the grounds of failure to meet the deadline. |
| (2) |
The provisions of paragraph (1) shall apply to the adjusted amount as a result of the revocation of any driver's license and the cancellation of a motor vehicle registration prior to the entering into force of the Road Traffic Act, Act No. 6555, and the adjusted amount as a result of the lowering of the contributions since January 1, 1999. |
Article 7 (Transitional Measures Concerning Penal Provisions or Fine for Negligence)
The application of the penal provisions or a fine for negligence to the act that is performed prior to this Act entering into force shall be governed by the former provisions.
Article 8 Omitted.
ADDENDA<Act No. 7666, Aug. 4, 2005>
| (1) |
(Enforcement Date) This Act shall enter into force beginning on June 1, 2006. |
| (2) |
(Applicability to Measures Necessary to Shorten Work Period, etc.) The amended provisions of Article 69 (2) shall apply, starting with the road work that is first done after this Act enters into force. |
ADDENDUM<Act No. 7936, Apr. 28, 2006>
This Act shall enter into force on June 1, 2006: Provided, That the amended provisions of Articles 12-2, 83 (4) 2 and 110 (4) shall enter into force one year after the date of its promulgation.
ADDENDUM<Act No. 7969, Jul. 19, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 8736, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission, etc. for Occupation and Use of Road)
The amended provisions of Article 70 shall apply beginning with the permission for occupation and use of road, and prohibition or restriction on traffic that are conducted for the first time after this Act enters into force.
Article 3 (Transitional Measures for Change of Authority's Title)
| (1) |
The Road Traffic Safety Authority at the time when this Act enters into force shall be deemed as the Road Traffic Authority under this Act. In such cases, the Road Traffic Authority shall obtain authorization of the Commissioner General of the National Police Agency after amending its Articles of association according to the amended provisions of this Act within three months from the date this Act enters into force. |
| (2) |
The president, directors, auditor and employees of the Road Traffic Safety Authority at the time when this Act enters into force shall be deemed as having been appointed as the president, directors, auditor and employees of the Road Traffic Authority under this Act. In such cases, the term of office of the executives shall be the remaining term of office under the former provisions. |
| (3) |
All the property, rights and liabilities that belonged to the Road Traffic Safety Authority at the time when this Act enters into force shall be succeeded by the Road Traffic Authority. |
| (4) |
The book value of the property as of the day before the day when the establishment of foundation is registered shall be the value of the property to be succeeded by the Road Traffic Safety Authority as provided for in paragraph (3). |
Article 4 (Transitional Measures for Application of Penal Provisions)
Notwithstanding the amended provisions of Article 152-2, the former provisions shall apply to an act performed before this Act enters into force.
ADDENDA<Act No. 8845, Jan. 17, 2008>
| (1) |
(Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) |
(Applicability to Traffic Safety Education) The amended provisions of Articles 73 (1) and 83 (4) 1 shall apply beginning with the application for a test under Article 83 (1) 2 and 3 that is made after this Act enters into force. |
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM<Act No. 9115, Jun. 13, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9580, Apr. 1, 2009>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 160 (4) 4 shall enter into force three months after the date of its promulgation. |
| (2) |
(Transitional Measures concerning Penal Provisions) The previous provisons shall apply to the penal provisions on any acts done before this Act enters into force. |
| (3) |
(Transitional Measures concerning Imposition of Fines for Negligence) The previous provisions shall apply to fines for negligences imposed or to be imposed pursuant to the previous provisions as at the time this Act enters into force. |
ADDENDA<Act No. 9845, Dec. 29, 2009>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) |
(Transitional Measures concerning Penal Provisions) The previous provisons shall apply to the penal provisions on any acts done before this Act enters into force. |
ADDENDA<Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 10382, Jul. 23, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011: Provided, That the amended provisions of Articles 3, 4-2, 8, 44, 73 (1), 126, 127, 128, 132, 133, 134, 135, 138-2, 144, 148-2, 157, 159 and 161 (2) through (4) shall enter into force on the date of their promulgation, the amended provisions of Articles 2 (excluding subparagraph 24), 35, 80, 82 and 83 (4) shall enter into force three months after the date of their promulgation, and the amended provisions of subparagraph 24 of Article 2, Articles 12, 12-2, 37, 46, 46-2, 49, 54, 73 (2), 79, 92, 93, 95, 113, 129-3, 150, 152-2, 153, 155, 156, 160 (2), 161 (1), 161-2, 162 and 163 shall enter into force six months after the date of their promulgation.
Article 2 (Applicability to Disqualified Period for Acquisition of Driver's License)
| (1) |
The amended provisions of Article 82 (2) 1 shall also apply to any person in the disqualification period for the acquisition of a driver's license because he/she has violated Article 43 or 96 (3) because of his/her driving during the period the validity of his/her driver's license has been suspended or a person whose driver's license is in progress of cancellation before this Act enters into force. |
| (2) |
The amended provisions of Article 82 (2) 1-2 shall apply beginning with the first offense committed after this Act enters into force. In such cases, an offense committed first after this Act enters into force shall be deemed such first offense. |
Article 3 (Applicability to Execution of Driver's License Test)
The amended provisions of Article 83 (4) shall also apply to any person who has applied for a driver's license test before this Act enters into force.
Article 4 (Succession to Rights and Duties According to Change of Driver's License Test Institution)
Any act done by or to a responsible administrative agency administering driver's licenses or a driver's license test institution under its control (hereinafter referred to as "driver's license test administrative organization") pursuant to the previous provisions at the time this Act enters into force shall be deemed any act done by or to the Authority.
Article 5 (Secondment of Public Officials)
| (1) |
Where the Authority requests, the Commissioner General of the National Police Agency may second part of those who maintain their status as a public official as at the time this Act enters into force to the Authority within the extent for less than one year after this Act enters into force: Provided, That where there are special circumstances for the smooth execution of driver's license tests of the Authority, he/she may extend the period of secondment at the request of the Authority in consultation with the Minister of Public Administration and Security. |
| (2) |
The direction and supervision of service of public officials seconded to the Authority pursuant to paragraph (1) shall be conducted by the president of the Authority, and the personnel management on them, such as the evaluation of service record, promotion, transference and appointment, disciplinary action, etc. shall be conducted by the Commissioner General of the National Police Agency. |
| (3) |
Where the Commissioner General of the National Police Agency requests for the personnel management of public officials dispatched to the Authority pursuant to paragraph (1), the president of the Authority shall report matters related to service on the public officials seconded to the Commissioner General of the National Police Agency. |
Article 6 (Special Cases on Appointment of Employees of Road Traffic Authority)
| (1) |
The Commissioner General of the National Police Agency shall classify and determine those whose status will be changed to employees of the Authority as at the same time this Act enters into force among public officials belonging to a driver's license test administrative organization at the time this Act enters into force, those who intend to maintain their status as a public official after the end of the period of secondment pursuant to Article 5 (1) of the Addenda and those whose status will be changed to employees of the Authority after the end of the period of secondment respectively, and take measures for those whose status will be changed to employees of the Authority after the end of the period of secondment so that the authority may appoint them as employees. |
| (2) |
Any person whose status is changed to an employee of the Authority pursuant to paragraph (1) shall be appointed as an employee of the Authority. |
| (3) |
Where any person who is appointed as an employee of the Authority pursuant to paragraph (2), he/she shall be deemed to have retired from public service. |
| (4) |
The age limit of any person who was a public official and is appointed as an employee of the Authority pursuant to paragraph (2) shall be based on the age limit under the State Public Officials Act which applies to his/her rank as at the time he/she retires from public service: Provided, That this shall not apply to cases where the age limit of the Authority is longer than that under the State Public Officials Act. |
Article 7 (Special Cases on Application of Public Officials Pension Act to Persons Who Retired from National Police Agency and Are Appointed as Employees of Authority)
| (1) |
Where any person who has served (including a person temporary retired from office) as a public official belonging to a driver's license test administrative organization before this Act enters into force retires from public service and is appointed as an employee of the Authority pursuant to Article 6 (2) of the Addenda, when any person whose period of service under the Public Officials Pension Act (hereinafter referred to as the "Pension Act") is less than the period of the minimum service prescribed by Article 46 (1) applies for application of the Pension Act to the Government Employees Pension Service (hereinafter referred to in this Article as the "Pension Service") established pursuant to Article 4 of the Pension Act within two months from the date he/she is appointed as an employee of the Authority, he/she shall be deemed a public official pursuant to Article 3 (1) 1 of the Pension Act until the period of his/her service under the Pension Act reaches the period of the minimum service prescribed by Article 46 (1) of the Pension Act, and shall be paid a retirement benefit, bereaved family's benefit (excluding bereaved family's compensation) and retirement allowance only among long-term benefits pursuant to Article 42 of the Pension Act. |
| (2) |
An employee of the Authority (hereinafter referred to in this Article as "employee subject to application of the Pension Act") legally deemed a public official pursuant to Article 3 (1) 1 of the Pension Act because he/she applies for the application of the Pension Act pursuant to paragraph (1) shall be deemed to have retired from public service on the last day of the month in which the period of his/her service reaches the period of the minimum service prescribed by Article 46 (1) of the Pension Act: Provided, That where he/she retires from the Authority or dies before the period of his/her service reaches the period of the minimum service prescribed by Article 46 (1) of the Pension Act, he/she shall be deemed to have served by the day before the date he/she retires from the service or the date he/she dies. |
| (3) |
The amount of basic monthly income of an employee subject to the application of the Pension Act pursuant to Article 3 (1) 5 of the Pension Act shall be the amount equivalent to the amount of basic monthly income calculated according to the salary class determined considering he/she has been continuously promoted from the rank and salary class of a public official on the day before he/she is appointed as an employee of the Authority: Provided, That the amount of basic monthly income of an employee subject to application of the Pension Act who was a public official having received an annual salary shall be as determined separately by the Minister of Public Administration and Security. |
| (4) |
With regard to an employee subject to the application of the Pension Act, the president of the Authority shall be deemed the head of an institution pursuant to Article 3 (1) 7 of the Pension Act, and a person liable for withholding under the Income tax Act as an employee of the Authority shall be deemed a person liable for withholding from contributions pursuant to Article 3 (1) 8 of the Pension Act. |
| (5) |
With regard to an employee subject to the application of the Pension Act whose period of service under the Pension Act has reached the period of the minimum service prescribed by Article 46 (1) of the Pension Act, notwithstanding Article 46 (1) of the Pension Act, retirement pension benefits shall be paid from the time under any of the following subparagraphs: |
| 1. |
When he/she falls under Article 46 (1) 1 or 5 of the Pension Act; |
| 2. |
When he/she reaches the age limit of the Authority; |
| (6) |
Notwithstanding paragraph (5), where an employee subject to the application of the Pension Act whose period of service under the pension Act has reached the period of the minimum service prescribed by Article 46 (1) of the Pension Act retires from public service pursuant to paragraph (2) before he/she reaches to the age pursuant to paragraph (5) 1 (referring to the time under Article 46 (1) 1 of the Pension Act) and 2, if he/she wants, early retirement pension benefits may be paid until he/she dies pursuant to the subparagraphs of Article 46 (2) of the Pension Act. |
| (7) |
In applying Article 64 to an employee subject to the application of the Pension Act, "reason during the service" pursuant to the former part of paragraph (2) of the same Article shall be deemed "reason during the service (including a reason during the period legally deemed a public official)", "where he/she has been dismissed by impeachment or disciplinary action" pursuant to paragraph (1) 2 of the same Article shall be deemed "where he/she is dismissed from the Authority by disciplinary action by reason during the period legally deemed a public official", and "where he/she is dismissed in disgrace for accepting valuables and entertainment, or the embezzlement and misappropriation of public money" pursuant to Article (1) 3 of the same Article shall be deemed "where he/she is dismissed in disgrace for accepting valuables and entertainment, or the embezzlement and misappropriation of public money in the Authority by reason during the period legally deemed a public official". |
| (8) |
Expenses incurred in payment of a retirement allowance to an employee subject to the application of the Pension Act shall be borne and managed by the Authority, notwithstanding Article 65 (3) of the Pension Act: Provided, That the amount equivalent to a retirement allowance to be paid when an employee subject to application of the Pension Act retires from the service as a public official belonging to a driver's license test administrative organization pursuant to Article 6 (3) of the Addenda shall be transferred to the Authority from the Pension Service after deducting the principal and interest unrepaid pursuant to subparagraphs 5 and 6 of Article 31-2 when he/she is appointed as an employee of the Authority. |
| (9) |
A charge for pension and compensation pursuant to Article 69 (1) of the Pension Act on an employee subject to the application of the Pension Act shall be borne by the Authority. |
| (10) |
An employee subject to the application of the Pension Act shall be excluded from those subject to subscription of national pension pursuant to Article 6 of the National Pension Act until the period he/she is legally deemed a public official pursuant to paragraph (1). |
| (11) |
The period an employee subject to application of the Pension Act is legally deemed a public official pursuant to paragraph (1) shall be excluded from the number of years of continuous service for the calculation of a retirement allowance pursuant to Article 34 of the Labor Standards Act. |
| (12) |
The Pension Act shall apply to matters not specifically prescribed in this Article concerning the calculation and payment of a retirement benefit, bereaved family's benefit (excluding bereaved family's compensation) and retirement allowance and the collection of the expenses, etc. |
Article 8 (Transitional Measures concerning Special Accounts of Responsible Administrative Agency)
Article 9 (Transitional Measures concerning Penal Provisions)
The previous provisions shall apply to the penal provisions on any act before this Act enters into force.
ADDENDA<Act No. 10790, Jun. 8, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Grounds for Disqualification for Drivers' Licenses)
The amended provisions of Article 82 (2) 1, 6 and (7) concerning the violation under Article 46 shall apply, commencing with the first violation that is committed after this Act enters into force.
Article 3 (Transitional Measures concerning Exemption of Driver's License Test)
Notwithstanding the amended provisions of Article 84 (1) 5, any person whose driver's license has been revoked since he/she failed to renew his/her driver's license before this Act enters into force shall be exempted from taking a part of the driver's license test pursuant to the previous provisions.
Article 4 (Transitional Measures concerning Renewal Period for Driver's License and Period for Regular Aptitude Test)
Notwithstanding the amended provisions of Article 87 (1) and (2), the previous provisions shall apply to a person who has obtained a driver's license before this Act enters into force should first renew his/her driver's license or take a regular aptitude test after this Act enters into force.
Article 5 (Transitional Measures concerning Penal Provisions or Fine)
The previous provisions shall apply to the penal provisions or fine on any act that is committed before this Act enters into force.
Article 6 Omitted.
