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ROAD TRAFFIC ACT

Wholly Amended by Act No. 7545, May 31, 2005


Amended by Act No. 7666, Aug. 4, 2005
Act No. 7936, Apr. 28, 2006
Act No. 7969, Jul. 19, 2006
Act No. 8736, Dec. 21, 2007
Act No. 8845, Jan. 17, 2008
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9115, jun. 13, 2008
Act No. 9580, Apr. 1, 2009
Act No. 9845, Dec. 29, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10382, Jul. 23, 2010
Act No. 10790, jun. 8, 2011
Act No. 11298, Feb. 10, 2012
Act No. 11402, Mar. 21, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11780, May 22, 2013
Act No. 12045, Aug. 13, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12343, Jan. 28, 2014
Act No. 12345, Jan. 28, 2014
Act No. 12844, Nov. 19, 2014
Act No. 12917, Dec. 30, 2014
Act No. 13425, Jul. 24, 2015
Act No. 13426, Jul. 24, 2015
Act No. 13458, Aug. 11, 2015

Article 1 (Purpose)
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.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 11402, Mar. 21, 2012;
Act No. 11690, Mar. 23, 2013; Act No. 12343, Jan. 28, 2014; Act No. 12844, Nov. 19, 2014>
1. The term "road" means any of the following:
(a) A road provided for in the Road Act;
(b) A toll road provided for in the Toll Road Act;
(c) Roads in agricultural and fishing villages provided for in the Act on the Maintenance and
Improvement of Road Networks in Agricultural and Fishing Villages;
(d) An open area actually necessary to ensure safe and smooth movement of traffic of many
unspecified persons, motor vehicles, and horses;
2. The term "exclusive road for motor vehicles" means a road on which only motor vehicles may move;
3. The term "expressway" means a road designated exclusively for motor vehicles to move along at high
speed;
4. The term "roadway" means the area of a road over which all motor vehicles move along, demarcated
by a line of curbstones (referring to a line of curbstones, etc. that define roadways from 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 or 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 direction of movement controlled by signal apparatus;
6. The term "lane" means the area of a roadway divided by the vehicle lines between 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;
8. The term "bicycle track" means a road specified under Article 3 of the Promotion of the Use of
Bicycles Act, demarcated by safety signs, safety railings, or other artificial structures similar thereto for
bicycle traffic;
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 markings,
or artificial structures similar thereto for pedestrian traffic (including baby carriages and wheelchairs to
aid walking, prescribed by Ordinance of the Ministry of the Interior; 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, demarcated with safety signs 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 cases 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 indicated by safety markings 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 electrically to convey
signals to proceed, stop, turn, exercise 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. indicated on the surface of a road necessary for traffic safety;
17. The term "motor vehicles and horses" means any of the following motor vehicles and horses:
(a) The term "motor vehicle" means any of the following:
(b) The term "oxen and horses" means cattle used for traffic and transportation;
18. The term "motor vehicle" means any of the following vehicles powered by motor (any towed motor
vehicle shall be deemed part of a motor vehicle) without using any railway or any temporarily installed
line:
(a) Any of the following motor vehicles provided for in Article 3 of the Motor Vehicle Management
Act: Provided, That any motorcycle shall be excluded therefrom:
(b) Construction machinery provided for in the proviso to Article 26 (1) of the Construction
Machinery Management Act;
19. The term "motorcycle" means any of the following:
(a) A two-wheeled vehicle with displacement below 125cc displacement among two-wheeled
vehicles provided for in Article 3 of the Motor Vehicle Management Act;
(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);
20. The term "bicycles" means bicycles defined in subparagraph 1 of Article 2 of the Promotion of the
Use of Bicycles Act;
21. The term "motor vehicles, etc." means motor vehicles and motorcycles;
22. The term "emergency motor vehicles" means any of the following motor vehicles, used for
emergency purposes:
(a) Fire engines;
(b) Ambulances;
(c) Blood supplying motor vehicles;
(d) Other motor vehicles prescribed by Presidential Decree;
23. The term "school bus for children" means a motor vehicle used for transport, etc. of children to and
from an establishment for education of children (referring to persons younger than 13 years old;
hereinafter the same shall apply) among the following establishments, and a motor vehicle for passenger
transport business operated for children as its passengers after obtaining a restricted license for the
passenger transport business under Article 4 (3) of the Passenger Transport Service Act:
(a) Kindergartens provided for in the Early Childhood Education Act, elementary schools and special
schools provided for in the Elementary and Secondary Education Act;
(b) Childcare centers provided for in the Infant Care Act;
(c) Private teaching institutes established pursuant to the Act on the Establishment and Operation of
Private Teaching Institutes and Extracurricular Lessons;
(d) Sports facilities established pursuant to the Installation and Utilization of Sports Facilities Act;
24. The term "parking" means keeping any motor vehicle in a parked state because the motor vehicle
awaits 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 bringing any motor vehicle to a stationary state for up to five minutes, other
than parking;
26. The term "driving" means using a motor vehicle or horse on a road (including places, other than a
road, in cases falling under Articles 44, 45, 54 (1), 148, and 148-2) according to its original purpose and
use (including maneuvering it);
27. The term "novice driver" means a person for whom two years have yet to lapse from the date 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 he/she has obtained his/her driver's license, this refers to
the date he/she subsequently re-obtains his/her driver's license). 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,
it shall be deemed his/her first driver’s license;
28. The term "drive slowly" means driving a motor vehicle at a slow speed that allows the driver to stop
his/her motor vehicle immediately;
29. The term "overtake" means that a driver passes beside another motor vehicle and moves 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 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 any of the following establishments:
(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 to conduct simulated driving practice using electronic equipment;
(d) An establishment recognized by the commissioner of a district 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 fee therefor;
(f) An establishment that conducts driving education in a place, other than on a road, in order to allow
a person with a driver's license to have various driving experiences;
33. The term "exemplary driver" means a driver who has received merit points for accident-free or
meritorious driving, or a person who has no record of causing any traffic accident while driving a
commercial motor vehicle for at least two years pursuant to Article 146, and engages in volunteer
activities for traffic safety after being selected as determined by the Commissioner General of the
National Police Agency.
Article 3 (Installation and Management of Signal Apparatuses, etc.)
(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.
Article 4 (Kinds, etc. of Traffic Safety Facilities)
The kinds of traffic safety facilities, methods of manufacturing traffic safety facilities, places where traffic
safety facilities are to be installed, and other matters necessary for traffic safety facilities, shall be
prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
Article 4-2 (Installation and Administration of Unmanned Traffic Regulation Equipment)
(1) The commissioner of a district police agency, the chief of a police station, or a Mayor, etc. may install
and administer unmanned traffic regulation equipment to record and evidence facts violating the Act.
(2) The provisions of 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".
Article 5 (Obligations to Observe Signals and Instructions)
(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 of the following:
<Amended by Act No. 13425, Jul. 24, 2015>
1. State police officers who direct traffic (including conscripted police officers; hereinafter the same
shall apply) and 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 signals and instructions conveyed by traffic safety facilities referred to in paragraph (1) are
different from those given by State police officers, autonomous police officers, or police assistants
(hereinafter referred to as "police officers, etc.") who direct traffic, 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 police officers, etc.
Article 5-2 (Exemplary Drivers Association)
For the purposes of promoting mutual cooperation among exemplary drivers and performing efficient
voluntary activities for traffic safety, the Exemplary Drivers Association may be established.
Article 5-3 (Assistance, etc. to Exemplary Drivers)
(1) The State may assist exemplary drivers with uniforms and equipment within budgetary limits, as
prescribed by Presidential Decree.
(2) The State may subscribe to insurance to guarantee compensation for the injury or death of any
exemplary driver caused in the course of directing traffic, etc.
Article 6 (Prohibition against and Restrictions on Traffic)
(1) When 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 district police agency may prohibit or restrict the traffic of
pedestrians, motor vehicles, and horses by designating a section. In such cases, the commissioner of a
district police agency shall notify the road management agency in charge of the road on which the traffic
of pedestrians, motor vehicles, and horses is prohibited or restricted of such fact.
(2) When deemed necessary to prevent any danger on the road and to ensure safe and smooth flow of
traffic on the road, the chief of a police station may first prohibit or 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 or restrictions and the period during which the prohibition or restrictions are applied.
(3) When the commissioner of a district police agency or the chief of a police station intends to impose the
prohibition or restrictions referred to in paragraph (1) or (2), he/she shall publish the fact of his/her
intentions, as prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23,
2013; Act No. 12844, Nov. 19, 2014>
(4) When 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 necessary limits.
Article 7 (Measures to Relieve Traffic Congestion)
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.
Article 8 (Pedestrian Traffic)
(1) On a road that is divided into a sidewalk and a roadway, pedestrians shall always walk the sidewalk:
Provided, That the same shall not apply to cases where pedestrians cross the roadway or such usage of a
sidewalk is prohibited on the 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.
Article 9 (Movement of Processions, etc.)
(1) Processions of students and other people or processions 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.
Article 10 (Crossing Roads)
(1) The commissioner of a district police agency may open any crosswalk to ensure the safety of
pedestrians crossing the road according to the standards prescribed by Ordinance of the Ministry of the
Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) Pedestrians shall cross a crosswalk referred to in paragraph (1), underpass, overpass, and other road-
crossing facilities installed in the road; Provided, That in cases of physically handicapped persons unable
to use road-crossing facilities, such as underpasses and overpasses, they may cross the road without using
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) No pedestrian shall cross the road just in front or to the rear of any motor vehicle: Provided, That the
same shall not apply 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) No pedestrian shall cross the area of a road where crossing is prohibited by safety signals, etc.
Article 11 (Protection of Children, etc.)
(1) No caregiver of children shall allow any child in his/her care to play on a road where traffic movement
is frequent, and no caregiver of infants (referring to children younger than six years old; hereinafter the
same shall apply) shall allow any infant in his/her care to walk alone on the road where the traffic
movement is frequent. <Amended by Act No. 12917, Dec. 30, 2014>
(2) A caregiver of a blind person (including persons corresponding thereto; hereinafter the same shall
apply) shall make the blind carry a white cane when he/she walks on the road or be accompanied by a dog
prescribed by Ordinance of the Ministry of the Interior as a guide (hereinafter referred to as "guide dog for
persons with disabilities"), or shall take other necessary measures. <Amended by Act No. 11690, Mar. 23,
2013; Act No. 12844, Nov. 19, 2014; Act No. 13458, Aug. 11, 2015>
(3) When a child rides a bicycle on the road or rides a dangerous mobile play apparatus prescribed by
Ordinance of the Ministry of the Interior, a caregiver of the child shall make the child wear life protection
outfits prescribed by Ordinance of the Ministry of the Interior in order to ensure his/her safety. <Amended
by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(4) When a physically handicapped person requests for help or when deemed necessary to help them when
they walk on 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
such person's safety: <Amended by Act No. 12917, Dec. 30, 2014; Act No. 13458, Aug. 11, 2015>
1. A child playing on a road on which traffic movement is frequent;
2. An infant walking on the road without their caregivers;
3. A blind person walking without necessary measures, such as holding a white cane or being
accompanied by a guide dog for persons with disabilities;
4. A senior citizen (referring to persons aged 65 years and older; hereinafter the same shall apply) who
finds it difficult to walk on the crosswalk or the road on which traffic movement is frequent.
Article 12 (Designation and Management of Protection Areas for Children)
(1) When deemed necessary to protect children from the danger of traffic accidents, a Mayor, etc. may
restrict the driving speed of motor vehicles, etc. not more than 30 kilometers an hour after designating
certain sections as protection areas for children among roads around any of the following establishments:
<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12343, Jan. 28, 2014; Act No. 12844, Nov. 19, 2014; Act No.
13426, Jul. 24, 2015>
1. Kindergartens provided for in Article 2 of the Early Childhood Education Act, elementary schools or
special schools provided for in Articles 38 and 55 of the Elementary and Secondary Education Act;
2. Childcare centers designated by Ordinance of the Ministry of the Interior, among those provided for
in Article 10 of the Infant Care Act;
3. Private teaching institutes prescribed by Ordinance of the Ministry of the Interior, among those
defined in Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and
Extracurricular Lessons;
4. Schools which have the course of study of a kindergarten or an elementary school, among foreigners'
schools or alternative schools provided for in Article 60-2 or 60-3 of the Elementary and Secondary
Education Act, international schools provided for in Article 223 of the Special Act on the Establishment
of Jeju Special Self-Governing Province and the Development of Free International City, and foreign
educational institutions defined in subparagraph 2 of Article 2 of the Special Act on Establishment and
Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International
City.
(2) Matters necessary for procedures, standards, etc. for designating protection areas for children referred
to in paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of Education, the Ministry of the
Interior, and the Ministry of Land, Infrastructure and Transport, in consultation with the Minister of Public
Safety and Security. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(3) While passing through the road in protection areas for children, drivers of motor vehicles and riders of
horses shall observe measures referred to in paragraph (1) and shall pay attention to the safety of children.
Article 12-2 (Designation and Management of Protection Areas for Older Persons and Persons with
Disabilities)
(1) When a Mayor, etc. deems it necessary to protect older persons or persons with disabilities from the
danger of traffic accidents, 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 referred to
in subparagraphs 1 through 3 and 3-2 as a protection area for older persons, and a certain section of the
road around facilities referred to in subparagraph 4 as a protection area for persons with disabilities,
respectively: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
1. Facilities prescribed by Ordinance of the Ministry of the Interior, among welfare facilities for older
persons specified in Article 31 of the Welfare of Older Persons Act;
2. Natural parks defined in subparagraph 1 of Article 2 of the Natural Parks Act or urban parks defined
in subparagraph 3 of Article 2 of the Act on Urban Parks, Greenbelts, Etc.;
3. Living sports facilities specified in Article 6 of the Installation and Utilization of Sports Facilities
Act;
3-2. Other facilities frequented by older persons, as prescribed by ordinance;
4. Facilities prescribed by Ordinance of the Ministry of the Interior, among welfare facilities for persons
with disabilities specified in Article 58 of the Act on Welfare of Persons with Disabilities.
(2) Matters necessary for procedures, standards, etc. for designating protection areas for older persons or
persons with disabilities referred to in paragraph (1) shall be prescribed by Joint Ordinance of the Ministry
of Health and Welfare, the Ministry of the Interior, and the Ministry of Land, Infrastructure and Transport,
in consultation with the Minister of Public Safety and Security. <Amended by Act No. 11690, Mar. 23, 2013;
Act No. 12844, Nov. 19, 2014>
(3) Drivers of motor vehicles and riders of horses shall abide by the measures referred to in paragraph (1)
in protection areas for older persons or persons with disabilities and drive their motor vehicles and ride
their horses while paying attention to the safety of the aged or the disabled.
Article 13 (Motor Vehicle and Horse Traffic)
(1) Drivers of motor vehicles and riders of horses shall travel along the roadway on the roads divided by a
sidewalk and a roadway: Provided, That when they drive motor vehicles or ride horses into or out of any
place, other than a road, they may cross the sidewalk.
(2) In cases falling under 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 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; hereinafter the same shall apply) of the road.
(4) Notwithstanding paragraph (3), drivers of motor vehicles and riders of horses may pass along the
center or the left-hand side of the road in any of the following cases:
1. Where the road is for one-way traffic;
2. Where it is impracticable for motor vehicles and horses to pass along the right-hand side of the road
due to damage to the road, road construction, or 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 does not exceed six meters: Provided, That the same shall not apply to any of
the following cases:
(a) Where it is impracticable to check 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 a district 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) Neither drivers of motor vehicles nor riders of horses shall pass into any safety area, etc. access to
which is prohibited by safety signs.
(6) No riders of horses or vehicles (excluding bicycles) shall pass along the bike lane or the roadside
except places where thoroughfare is permitted with safety marking: Provided, That the same shall not
apply to bicycle priority lanes specified in subparagraph 4 of Article 3 of the Promotion of the Use of
Bicycles Act. <Amended by Act No. 12343, Jan. 28, 2014>
Article 13-2 (Special Cases on Passing Methods of Bicycles)
(1) Each 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); hereafter in this
Article, the same shall apply).
(2) Each 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, each
bicycle rider shall pass through slowly or stop 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, each bicycle rider shall go slowly from the center of the sidewalk to
the roadside or a place designated with safety marking, and when bicycle riding obstructs passage of
pedestrians, each bicycle rider shall stop for a while: <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
1. Where a child, senior citizen, or physically challenged person prescribed by Ordinance of the
Ministry of the Interior 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) At least two bicycle riders are not allowed to pass side by side, except where thoroughfare for bicycles
is permitted with safety marking.
(6) When a bicycle rider intends to cross the road at a crosswalk, he/she shall get off his/her bicycle and
walk with his/her bicycle.
Article 14 (Marking, etc. Lanes)
(1) When deemed necessary to ensure smooth flow of traffic of motor vehicles and horses, the
commissioner of a district police agency may mark a lane prescribed by Ordinance of the Ministry of the
Interior on a road. In such cases, the commissioner of a district 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. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19,
2014>
(2) Except as otherwise expressly provided for in this Act or orders issued under this Act, drivers of motor
vehicles and riders of horses shall pass along the lane marked on a road: Provided, That when the
commissioner of a district 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 the Interior, which is likely
to impede safe and smooth flow of traffic, the driver of such motor vehicle shall be prohibited from
traveling along such road: Provided, That the same shall not apply where the driver of any motor vehicle
obtains permission therefor from the chief of the police station having jurisdiction over the place of his/her
departure, as prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23,
2013; Act No. 12844, Nov. 19, 2014>
(4) Where a motor vehicle for which permission under the proviso to paragraph (3) is to be obtained
corresponds to a motor vehicle required to obtain an operation permit under the proviso to Article 77 (1)
of the Road Act, the chief of the relevant police station shall pre-consult with the road management
agency of the relevant road which the motor vehicle intends to travel along, as prescribed by Presidential
Decree, and the motor vehicle which has obtained the permit from the chief of the police station following
such consultation shall be deemed to have received the operation permit under the proviso to Article 77 (1)
of the Road Act. <Newly Inserted by Act No. 12917, Dec. 30, 2014>
(5) 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
where obstacles exist due to any damaged road or any road works, etc. <Amended by Act No. 12917, Dec. 30,
2014>
Article 15 (Marking Exclusive Lanes)
(1) When specifically necessary to ensure smooth flow of traffic, a 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 district
police agency or the chief 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 where any emergency motor vehicle travels along the exclusive lane for emergency purposes and
other cases prescribed by Presidential Decree.
Article 15-2 (Installation, etc. of Bicycle Crosscut)
(1) The commissioner of a district police 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 the Interior.
<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) When a 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.
Article 16 Deleted. <by Act No. 9845, Dec. 29, 2009>
Article 17 (Speed of Motor Vehicles, etc.)
(1) The speed of motor vehicles, etc. on the road shall be determined by Ordinance of the Ministry of the
Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) When deemed necessary to prevent danger and ensure safe and smooth flow of traffic on the road, the
Commissioner General of the National Police Agency or the commissioner of a district police agency may
designate zones or sections in which the speed referred to in paragraph (1) is restricted, according to the
following classification:
1. The Commissioner General of the National Police Agency: Expressway;
2. The commissioner of a district 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 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.
Article 18 (Prohibition on Road Crossing, etc.)
(1) When it is likely to impede the normal flow of traffic of pedestrians, 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 deemed specifically necessary to prevent danger and ensure safe and smooth flow of traffic on
the road, the commissioner of a district 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.
Article 19 (Maintaining of Safe Distance, etc.)
(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) A driver of a motor vehicle, etc. shall take care of a bicycle rider going in the same direction and shall
assure a necessary distance to avoid collision with such bicycle when he/she passes by it. <Amended by Act
No. 13458, Aug. 11, 2015>
(3) No driver of any motor vehicle shall change course when it is likely to impede normal traffic of other
motor vehicles 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 where he/she intends to prevent any danger and on the
grounds of inevitability.
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.
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.
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 any of the following
motor vehicles:
1. Motor vehicle that stops or travels slowly in accordance with this Act or any order issued 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 following:
1. An intersection;
2. Inside any tunnel;
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 a district 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.
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).
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.
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 district 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, 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 a 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.
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.
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.
Article 28 (Opening Exclusive Roads for Pedestrians)
(1) When specifically necessary to protect the traffic of pedestrians, the commissioner of a district police
agency or the chief of a police station may open an exclusive road for pedestrians on the road.
(2) Drivers of motor vehicles and riders of horses shall be prohibited from passing through exclusive roads
for pedestrians referred to in paragraph (1): Provided, That when deemed specifically necessary, the
commissioner of a district police agency or the chief of a 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 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.
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.
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.
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 of the following places:
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 designated by safety signs by the commissioner of a district 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 any of the following places:
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 a district police agency after recognizing
such place as being necessary to prevent dangers on the road and ensure safe and smooth flow of traffic.
Article 32 (Prohibition on Stopping and Parking Motor Vehicles)
Each driver of a motor vehicle shall be prohibited from stopping or parking a motor vehicle in any of the
following places: Provided, That the same shall not apply where the driver of a motor vehicle temporarily
stops his/her motor vehicle to comply with this Act, any order issued under this Act, or instructions given
by police officers, and to prevent danger:
1. An intersection, crosswalk, road crossing, or the sidewalk of a road divided into a sidewalk and a
roadway (excluding any road parking area established across both a roadway and sidewalk);
2. A place located within five meters from the edge of an intersection or the corner of a road;
3. A place located within ten meters from any side of a safety zone on a road marked with a safety zone;
4. A place located within ten meters from where any pillar, board, or line indicating a bus stop is located
or marked: Provided, That the same shall not apply 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 located within ten meters from the edge of a road crossing or crosswalk;
6. A place designated by the commissioner of a district police agency as being necessary to prevent
danger on the road and ensure the safety and the smooth flow of traffic of the road.
Article 33 (Places where Parking Motor Vehicles is Prohibited)
Each driver of a motor vehicle shall be prohibited from parking a motor vehicle in any of the following
places:
1. The inside of a tunnel and on a bridge;
2. A place located within three meters from a fire alarm box;
3. A place located within five meters from any of the following:
(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 designated by the commissioner of a district police agency as being necessary to prevent
danger on the road and ensure safe and smooth flow of traffic.
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.
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 district 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.
Article 35 (Measures against Violation of Motor Vehicle Parking)
(1) When a 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:
1. A police officer;
2. A public official (hereinafter referred to as "public official of a Si/Gun") appointed by a Mayor, etc.
(including a Do Governor; hereafter in this Article, the same shall apply), as prescribed by Presidential
Decree.
(2) In cases falling under paragraph (1), when the driver of a motor vehicle or the person in change of
management is absent from the location, the chief of a police station or a 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 chief of the competent police station or the competent Mayor, etc. under inevitable
circumstances.
(3) Where a 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 designated by the chief of the competent police station
or the competent Mayor, etc., the relevant chief 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
(referring to the owner or the person entrusted by the owner to manage the motor vehicle; hereinafter the
same shall apply) or driver of the motor vehicle of such fact and take measures necessary to return the
motor vehicle.
(4) In cases falling under paragraph (3), when it is impossible to identify the name and domicile of the
user or driver of a motor vehicle, the relocation shall be published in a manner prescribed by Presidential
Decree.
(5) Notwithstanding measures and publication necessary to return a motor vehicle pursuant to paragraphs
(3) and (4), when the user or driver of the motor vehicle fails to request the return of the motor vehicle
within one month from the date such measures or publication is made, the chief of the police station or the
Mayor, etc. may sell or scrap the relevant motor vehicle, as prescribed by Presidential Decree.
(6) Expenses incurred by the relocation, custody, publication, sale or scrapping, etc. of a 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 a motor vehicle is sold or scrapped pursuant to paragraph (5), any balance that remains after
appropriating expenses incurred in relocating, keeping, publishing, selling, or scraping 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.
Article 36 (Towing and Keeping Motor Vehicles by Agent)
(1) The chief of a police station or a Mayor, etc. may assign all or part of the work of towing, keeping, and
returning motor vehicles towed pursuant to Article 35 to any corporation, organization, or individual
(hereinafter referred to as "corporation, etc.") meeting the qualifications including human resources,
facilities, and equipment necessary to perform such work on his/her behalf.
(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 chief of a police station or a Mayor, etc. has the work of towing, keeping, and returning
motor vehicles performed by agent under paragraph (1), he/she may place an 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 for the purposes of Articles
129 through 132 of the Criminal Act.
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.
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.
Article 39 (Methods of, and Restrictions on Boarding or Loading)
(1) With regard to 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
where permission therefor is obtained from the chief of a police station having jurisdiction over the place
of departure.
(2) Article 14 (4) shall apply mutatis mutandis where a motor vehicle for which permission under the
proviso to paragraph (1) is to be obtained corresponds to a motor vehicle required to obtain an operation
permit under the proviso to Article 77 (1) of the Road Act. <Newly Inserted by Act No. 12917, Dec. 30, 2014>
(3) 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. <Amended by Act No. 12917, Dec. 30, 2014>
(4) 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 the motor vehicle. <Amended by Act No. 12917,
Dec. 30, 2014>
(5) The driver of any motor vehicle shall be prohibited from driving the motor vehicle while holding an
infant or animal in his/her arms or carrying articles in his/her seat that are feared to impede the safety of
the motor vehicle. <Amended by Act No. 12917, Dec. 30, 2014>
(6) When deemed necessary to prevent dangers on the road and ensure safe and smooth flow of traffic, the
commissioner of a district police agency may get drivers of motor vehicles to restrict the number of
passengers aboard, the weight loaded, and the loading capacity. <Amended by Act No. 12917, Dec. 30, 2014>
Article 40 (Prohibition on Driving Motor Vehicles in Poor Repair)
The user, person in charge of maintenance, or driver of each 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 the Motor Vehicle Management Act, the Construction Machinery Management Act, or
orders issued under the said Acts (hereinafter referred to as "poorly repaired motor vehicle").
Article 41 (Checks of Vehicles in Poor Repair)
(1) When a 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 a 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
the 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 a motor vehicle is extremely poor and the motor vehicle is likely to
cause danger, the commissioner of a district 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 such cases, if deemed necessary, the commissioner of a district police
agency may set a period of maintenance by up to ten days and order the suspension of the use of the motor
vehicle during the period of maintenance.
(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.
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
abhorrence 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.
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 district 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.
Article 44 (Prohibition on Driving while Intoxicated)
(1) While intoxicated, no one shall drive any motor vehicle, etc. (including construction machinery, other
than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery
Management Act; hereafter in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2, the same
shall apply).
(2) When 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
may require him/her 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. <Amended by Act No.
12917, Dec. 30, 2014>
(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.
Article 45 (Prohibition against 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 impracticable 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 the
Interior; hereinafter the same shall apply), or other reasons. <Amended by Act No. 11690, Mar. 23, 2013; Act
No. 12844, Nov. 19, 2014>
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).
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.
Article 46-3 (Prohibition of Reckless Driving)
No driver of a motor vehicle shall threaten or endanger any other person or cause danger to traffic by
consecutively committing at least two of the following offenses or by committing any of the following
offenses continuously or repeatedly:
1. Violation of a signal or instruction, in contravention of Article 5;
2. Driving over the center line, in contravention of Article 13 (3);
3. Violation of speed, in contravention of Article 17 (3);
4. Violation of prohibition of crossing the road, making a U-turn, or moving backward, in contravention
of Article 18 (1);
5. Failing to maintain a safe distance or violation of prohibition of changing course or applying brake
abruptly, in contravention of Article 19;
6. Violation of the method of overtaking another motor vehicle or of prohibition of impeding any other
motor vehicle trying to overtake his/her motor vehicle, in contravention of Article 21 (1), (3), or (4);
7. Generation of any noise without justifiable grounds, in contravention of Article 49 (1) 8;
8. Violation of overtaking method on an expressway, in contravention of Article 60 (2);
9. Violation of prohibition of crossing, making a U-turn, or moving in reverse on an expressway, etc., in
contravention of Article 62.
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.
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.
Article 49 (Matters to be Observed by Every Driver)
(1) Every motor vehicle driver shall observe each of the following matters: <Amended by Act No. 11690,
Mar. 23, 2013; Act No. 12045, Aug. 13, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13458, Aug. 11, 2015>
1. When driving a 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 the danger of a traffic accident involving children, including cases when
children are crossing the road unaccompanied by their caregivers, and children are sitting, standing,
or playing on the road;
(b) When a blind person is crossing the road, taking such a measure as holding of a white cane or
being accompanied by a guide dog for persons with disabilities;
(c) When physically handicapped persons or senior citizens 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 the 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 herefrom;
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 the Interior;
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. Each 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 verifying 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 of the following
acts without justifiable grounds:
(a) Starting any motor vehicle abruptly and accelerating any motor vehicle abruptly;
(b) 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) 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 in any of the following cases:
(a) Where a motor vehicle, etc. is at a standstill;
(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 image shall be displayed at a location visible to a driver while driving a motor vehicle, etc.
through a device that receives or plays visual media including broadcast (including devices portable by
a driver; hereinafter referred to as "video display terminal"): Provided, That the same shall not apply in
any of the following cases:
(a) Where a motor vehicle, etc. is at a standstill;
(b) Where the following images are displayed at a video display terminal installed or mounted on a
motor vehicle, etc.:
11-2. No driver shall operate a video display terminal while driving any motor vehicle (excluding where
a motor vehicle, etc. is at a standstill);
12. No driver shall drive any motor vehicle loaded with freight containers while persons are sitting
thereon;
13. A driver shall follow matters designated and published by the commissioner of a district police
agency who recognizes them as being necessary to maintain the safety and order of traffic.
(2) Where 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 matters subject to violation 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 matters subject to violation and take necessary measures.
Article 50 (Matters to be Observed by Specific Drivers)
(1) Each driver of any motor vehicle (excluding any two-wheeled vehicle) shall fasten the seat belt thereof
while driving the motor vehicle and require any passenger seated beside 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 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 the
Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12917, Dec. 30, 2014>
(2) Each driver of any motor vehicle (excluding any two-wheeled vehicle) shall remind passengers, other
than a passenger sitting beside the driver, to fasten their seat belts, and in cases of an automobile, if an
infant takes a seat, other than the seat beside the driver, the driver shall fasten such infant's seat belt.
<Amended by Act No. 12917, Dec. 30, 2014>
(3) Each 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 the Interior and shall require any other person riding
thereon to wear a safety harness. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(4) When a bicycle rider rides a bicycle carrying a child, he/she shall have such child wear a life protection
outfit prescribed by Ordinance of the Ministry of the Interior on such child. <Amended by Act No. 11690,
Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(5) Each driver of any motor vehicle, including any motor vehicle used for transport business or a truck,
etc. prescribed by Ordinance of the Ministry of the Interior, shall be prohibited from performing any of the
following acts: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
1. Driving any motor vehicle not equipped with a tachograph or equipped with a tachograph unusable
due to any malfunction, etc.;
2. Driving any motor vehicle without using a tachograph for its original purpose.
(6) No taxicab driver shall share his/her cab for strangers while a passenger is on board, refuse to take
passengers, or receive more than reported fare.
(7) No bicycle rider shall ride a bicycle which does not meet the size and structure prescribed by
Ordinance of the Ministry of the Interior and may cause danger to traffic safety. <Amended by Act No.
11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(8) No bicycle rider shall ride a bicycle while drunk or under the influence of drugs or where he/she is not
likely to ride a bicycle normally due to other grounds.
(9) Each bicycle rider shall turn on the headlight and taillight or wear a light emitting device, such as a
luminous strip, when he/she rides a bicycle on the road at night. <Newly Inserted by Act No. 13458, Aug. 11,
2015>
Article 51 (Special Protection of School Buses for Children)
(1) When a 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. <Amended by Act No.
12917, Dec. 30, 2014>
(2) In cases falling under 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) Each 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. <Amended by Act
No. 12917, Dec. 30, 2014>
Article 52 (Reporting, etc. on School Buses for Children)
(1) Each person who intends to operate a school bus for children (excluding motor vehicles for passenger
transport business operated for children as its passenger after obtaining a restricted license for passenger
transport business under Article 4 (3) of the Passenger Transport Service Act), shall pre-report such
intention to the chief of the competent police station, as prescribed by Ordinance of the Ministry or the
Interior, and receive a certificate of reporting from him/her. <Amended by Act No. 12343, Jan. 28, 2014; Act
No. 12844, Nov. 19, 2014>
(2) Each person who operates any school bus for children shall always retain the certificate of reporting
issued pursuant to paragraph (1) inside each of the school buses.
(3) Motor vehicles that can be used as school buses for children shall be limited to motor vehicles
prescribed by Ordinance of the Ministry of the Interior. In such cases, such motor vehicles shall meet
requirements prescribed by Presidential Decree, such as paintwork, markings, current insurance policy,
and the relationship to owner, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12343, Jan. 28, 2014; Act
No. 12844, Nov. 19, 2014>
(4) No one shall do paintwork and markings on any motor vehicle in a manner similar to those affixed to
school buses or drive any motor vehicle with such paintwork and signs affixed without reporting pursuant
to paragraph (1) or obtaining a restricted license for transporting children as its passengers pursuant to
Article 4 (3) of the Passenger Transport Service Act. <Amended by Act No. 12343, Jan. 28, 2014>
Article 53 (Duties of Drivers, Operators, etc. of School Buses for Children)
(1) Each driver of any school bus for children shall operate 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.
<Amended by Act No. 12917, Dec. 30, 2014>
(2) Notwithstanding Article 50 (2), each driver of any school bus for children shall start driving the school
bus after checking that all the children or infants on board have fastened their seat belts (referring to safety
belts that can be adjusted to fit to the physical structures of children or infants; hereafter in this Article,
subparagraph 1 of Article 156, and Article 160 (2) 4-2, the same shall apply) and shall, when they alight
from the school bus, start driving it after confirming they have arrived at a place safe from motor vehicles,
including the sidewalk or roadside area: Provided, That the same shall not apply where it is difficult to
fasten a seat belt due to an illness, etc. or due to any ground prescribed by Ordinance of the Ministry of the
Interior, in connection with the fastening of the seat belt. <Amended by Act No. 12343, Jan. 28, 2014; Act No.
12844, Nov. 19, 2014; Act No. 12917, Dec. 30, 2014>
(3) Each operator of any school bus for children shall arrange for any of the following guardians to board
the school bus with children or infants aboard, and the guardian aboard shall, when the children or infants
get in or get out of the school bus, take measures necessary for the protection of children, such as getting
off the school bus to confirm the safe boarding and alighting of the children or infants and ensuring that
children or infants are seated with their seat belts fastened during the operation of the motor vehicle:
<Amended by Act No. 12343, Jan. 28, 2014; Act No. 12917, Dec. 30, 2014>
1. A teacher of any kindergarten provided for in the Early Childhood Education Act and any elementary
school or any special school provided for in the Elementary and Secondary Education Act;
2. A nursery teacher provided for in subparagraph 5 of Article 2 of the Infant Care Act;
3. An instructor provided for in Article 13 (1) of the Act on the Establishment and Operation of Private
Teaching Institutes and Extracurricular Lessons;
4. A person who works for any sports facilities provided for in the Installation and Utilization of Sports
Facilities Act;
5. A person who is nominated by the operator of any school bus for children.
Article 53-2 (Obligations of Drivers of School Buses for Children where No Guardian is Aboard)
A driver of a school bus for children where no guardian is aboard to help children to board or alight from
the school bus shall, when children get in or get out of the school bus, get off the school bus and confirm
the safe boarding and alighting of the children or infants. <Amended by Act No. 12917, Dec. 30, 2014>
Article 53-3 (Safety Education for Operators, etc. of School Buses for Children)
(1) Operators and drivers of school buses for children shall receive education regarding the safe operation,
etc. of school buses for children (hereinafter referred to as "safety education regarding school buses for
children"). <Amended by Act No. 12343, Jan. 28, 2014>
(2) Safety education regarding school buses for children shall be provided according to the following
classification: <Newly Inserted by Act No. 12343, Jan. 28, 2014>
1. Initial safety education: Education provided for persons who intend to operate or drive school buses
for children before they commence operation or driving thereof;
2. Regular safety education: Education provided regularly every two years for persons who have been
continuously operating and driving school buses for children.
(3) No person who operates a school bus for children shall allow a person who fails to receive safety
education regarding school buses for children, to drive a school bus for children. <Newly Inserted by Act No.
12343, Jan. 28, 2014>
(4) Other matters necessary for methods, procedures, etc. for providing safety education regarding school
buses for children shall be prescribed by Presidential Decree. <Amended by Act No. 12343, Jan. 28, 2014>
Article 53-4 (Provision of Information, etc. on Violations Committed by School Buses for Children)
(1) Where a person who operates or drives a school bus for children has violated Article 53 or 53-2 or has
caused an accident whereby any child has died or has been injured by violating Article 53 or 53-2, the
chief of a police station may provide the information thereon to the head of the competent authority that
supervises educational facilities for children.
(2) Matters necessary for the detailed standards, methods, procedures, etc. for the provision of information
under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No.
12844, Nov. 19, 2014>
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 cases under 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 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 cases 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.
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).
Article 56 (Obligations of Employers, etc.)
(1) A person who employs drivers of motor vehicles, a person in charge of the management of drivers or
motors vehicles, or users of motor vehicles (including a person who rents a motor vehicle for business use
under the Passenger Transport Service Act and a person who rents a motor vehicle under the Specialized
Credit Finance Business Act; hereinafter referred to as "employer, etc.") shall always call the attentions of
such drivers for the observance of this Act and any order issued under this Act and shall supervise them.
<Amended by Act No. 12917, Dec. 30, 2014>
(2) Where an employer, etc. knows that any driver prohibited from driving any motor vehicle pursuant to
Articles 43 through 45, is trying to drive a motor vehicle, he/she shall not neglect to prevent such driver
from driving nor allow such driver to drive any motor vehicle.
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.
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.
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.
Article 60 (Prohibition, etc. against 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 the Interior, except where prevented from doing so due to inevitable reasons,
such as the breakdown of his/her motor vehicle on the expressway, etc. 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, etc. is driven. <Amended by
Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(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 a lane prescribed by Ordinance of the Ministry of the
Interior by using direction indicators, lights, or horn. <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
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).
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.
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.
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.
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.
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 the Interior and then take measures to relocate his/her
motor vehicle to a place out of the expressway, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844,
Nov. 19, 2014>
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 the Interior among motor
vehicles that run on an expressway, etc., shall cause all of the passengers to fasten their seat belts,
notwithstanding Article 50 (2): Provided, That the same shall not apply 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 the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) The driver of any motor vehicle that travels on an expressway, etc. shall always carry a break-down
sign 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 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 the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov.
19, 2014>
Article 68 (Prohibited Conduct, etc. on Roads)
(1) No one shall operate signal apparatuses, or remove, relocate, or 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 of the following activities:
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, glass bottle, iron scrap, or article likely to cause damage to any
motor vehicle or horse;
5. Throwing articles from any motor vehicle or horse traveling along a road;
6. Jumping onto, clinging to, or jumping from any motor vehicle or horse traveling along a road;
7. Any other activity designated and published by the commissioner of a district police agency after
deeming necessary to prevent danger to traffic.
Article 69 (Reporting on Roadwork and Safety Measures, etc.)
(1) Anyone who intends to perform the work of digging, drilling, etc. the road (hereafter in this Article,
referred to as "work contractor") in compliance with any order issued by a road management agency or
road works agency shall report the date, the section, the work period, the manner in which the work is to
be performed, and other necessary matters, to the chief of the relevant police station three days before
commencing the works: Provided, That where necessary to perform any emergency work following a
landslide, rupture of water mains, etc., such person shall take safety measures therefor and report thereon
without delay after commencing the work.
(2) When the chief of a police station determines 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 pre-consulting thereabout with
the road management agency.
(3) When necessary to control the traffic flow of motor vehicles and horses and give instructions, etc.
during the work period, a work contractor shall install traffic safety facilities in compliance with the
instructions given by the chief of the competent police station.
(4) A work contractor shall, when his/her work damages traffic safety facilities, reinstate the damaged
traffic safety facilities, as prescribed by Ordinance of the Ministry of the Interior, and then report the
results thereof to the chief of the competent police station. <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
Article 70 (Notification, etc. of Permission, etc. for Occupation and Use of Road)
(1) When a road management agency has performed any of the following acts on a road, it shall
immediately notify the details thereof to the Commissioner General of the National Police Agency in
cases of expressways and to the chief of the competent police station in cases of roads, other than
expressways: <Amended by Act No. 10790, Jun. 8, 2011; Act No. 12248, Jan. 14, 2014>
1. Permission for occupying and using the road provided for in Article 61 of the Road Act;
2. Prohibition against or restrictions on traffic flow provided for in Article 76 of the Road Act or
restrictions on driving motor vehicles provided for in Article 77 of the same Act.
(2) Deleted. <by Act No. 8736, Dec. 21, 2007>
(3) When deemed necessary to ensure safe and smooth flow of traffic, the Commissioner General of the
National Police Agency or the chief of the competent police station in receipt of notification under
paragraph (1) may request the road management agency to take necessary measures therefor. In such
cases, the road management agency shall take such measures, except in extenuating circumstances.
<Amended by Act No. 10790, Jun. 8, 2011>
Article 71 (Measures against Artificial Structures Illegally Installed on Road)
(1) The chief of a police station may order any of the following persons to correct the person's violation or
remove the traffic impediment caused by the person's violation: <Amended by Act No. 12248, Jan. 14, 2014>
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 things on the road, in violation of Article 68 (2);
3. Any person who has installed artificial structures, etc. or performed any works that could impede
traffic flow, in violation of Article 61 of the Road Act.
(2) The chief of a police station shall, when he/she is unable to order measures referred to in paragraph (1)
because he/she is unable to identify the name and domicile of any person specified under 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) Matters necessary for the custody, sale, etc. of artificial structures, etc. referred to in paragraph (2)
shall be prescribed by Presidential Decree.
Article 72 (Measures Taken to Prevent Danger of Ground Artificial Structures, etc. Installed on Road)
(1) When ground artificial structures, other facilities, or articles of the road are causing danger to traffic or
are obviously likely to cause impediment to traffic, the chief of a police station shall request the owner,
occupier, or manager of such artificial structures, etc. to remove them or order them to take measures
necessary for traffic safety.
(2) When the chief of a police station is unable to order the owner, occupier, or manager of artificial
structures, etc. to take measures pursuant to paragraph (1) because he/she is unable to identify their names
and domiciles, he/she shall 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.
Article 73 (Traffic Safety Education)
(1) Anyone who intends to obtain a driver's license shall undergo traffic safety education regarding each 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 provided for in Article 104 (1): <Amended by Act No. 12917, Dec. 30, 2014>
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, persons with disabilities, and older
persons;
5. Knowledge and skills needed for Eco-driving;
6. Gist of making way for an emergency motor vehicle;
7. Other matters necessary to ensure the safety of traffic.
(2) If a driver of any motor vehicle, etc. or any person subject to a disposition taken to revoke his/her
driver's license or to suspend the effect of his/her license falls under any of the following subparagraphs,
he/she shall receive special traffic safety education, as prescribed by Presidential Decree. In such cases,
he/she may be allowed to postpone such special traffic safety education, as prescribed by Presidential
Decree, where there is an unavoidable circumstance described in subparagraph 2 or 3: <Amended by Act No.
12917, Dec. 30, 2014; Act No. 13458, Aug. 11, 2015>
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 (excluding a person subject to a disposition taken to revoke his/her
driver's license by falling under Article 93 (1) 9 or 20);
2. Any person subject or to be subject to a disposition taken to suspend the effect of his/her driver's
license due to a dangerous collective conduct, reckless driving provided for in Article 46-3, traffic
accident, or driving any motor vehicle while intoxicated, and for whom the period of suspension has yet
to lapse;
3. Any novice driver subject or to be subject to a disposition taken to suspend the effect of his/her
driver's license and for whom the period of suspension has yet to lapse;
4. Any person who wishes to receive such education and who is subject or to be subject to a disposition
taken to suspend the effect of his/her driver's licence on grounds, other than those referred to in
subparagraphs 2 and 3, including the violation of the Acts and regulations governing traffic;
5. Any person who intends to receive such education, who is likely to be subject to a disposition taken
to suspend the effect of his/her driver's licence on grounds, including the violation of the Acts and
regulations governing traffic.
Article 74 (Designation, etc. of Traffic Safety Educational Institutions)
(1) 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 provided for in Article 104 (1) and institutions or establishments designated by the
commissioner of a district police agency pursuant to paragraph (2).
(2) When any of the following institutions or establishments which meet the requirements for facilities,
equipment, instructors, etc. prescribed by Presidential Decree files an application for its designation for
conducting traffic safety education, the commissioner of a district police agency may designate such
institution or establishment as an institution that may conduct traffic safety education (hereinafter referred
to as "traffic safety educational institution"):
1. A driving school provided for in Article 99;
2. The Road Traffic Safety Authority and the branch offices, sub-branch offices, and educational
institutions thereof provided for in Articles 120 and 121;
3. An establishment attached to any university, which offers lifelong education curriculum provided for
in Article 30 (2) of the Lifelong Education Act;
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 district police agency shall issue a designation certificate prescribed by Ordinance of
the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(4) No commissioner of a district police agency shall designate any of the following institutions or
establishments as a traffic safety educational institution:
1. An institution or establishment established and operated by anyone who has established and operated
a traffic safety educational institution, the designation of which has been revoked pursuant to Article 79,
within three years from the date such designation has been revoked;
2. An institution or establishment established and operated in the same place within three years from the
date the designation thereof has been revoked pursuant to Article 79.
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.
Article 76 (Qualifying Standards, etc. for Instructors in Charge of Traffic Safety Education)
(1) Every traffic safety educational institution shall employ instructors in charge of traffic safety
education.
(2) Instructors in charge of traffic safety education referred to in paragraph (1) shall be any of the
following:
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 at least two years and who have received education of qualifications as instructors in charge
of traffic safety education prescribed by Presidential Decree.
(3) None of the following persons can become an instructor in charge of traffic safety education:
1. Any person who is younger than 20;
2. Any person who has been sentenced to imprisonment without prison labor or heavier punishment for
violating Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or
Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and for whom two years
have yet to elapse from the date the execution of such sentence was terminated or waived;
3. Any person who is in the period of suspension of execution after having been sentenced to
imprisonment without prison labor or heavier punishment for violating Article 3 (1) of the Act on
Special Cases concerning the Settlement of Traffic Accidents or Article 5-3 of the Act on the
Aggravated Punishment, etc. of Specific Crimes;
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) No head of any traffic safety educational institution shall 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 statutes governing roads and traffic are amended and it is deemed
necessary to efficiently provide traffic safety education, the commissioner of a district police agency may
provide 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, except in extenuating circumstances.
Article 77 (Confirmation of Participation, etc. in Traffic Safety Education)
(1) When persons who intend to obtain a driver's license complete traffic safety education pursuant to
Article 73 (1), instructors in charge of traffic safety education shall report details of each person's
participation in traffic safety education to the head of the relevant traffic safety educational institution.
(2) Upon receiving a report referred to in paragraph (1), the head of any traffic safety educational
institution shall issue 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 district police agency.
Article 78 (Reporting on Suspension or Discontinuation of Operation of Traffic Safety Educational
Institutions)
When the head of a traffic safety educational institution intends to suspend or discontinue the operation of
the traffic safety educational institution for at least one month, he/she shall report thereon to the
commissioner of the competent district police agency by seven days before the date the head intends to
suspend or discontinue the operation of the traffic safety educational institution, as prescribed by
Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19,
2014>
Article 79 (Revocation of Designation, etc. of Traffic Safety Educational Institutions)
(1) When a traffic safety educational institution falls under any of the following cases, the commissioner
of a district police agency shall revoke the designation thereof or order it to suspend the operation thereof,
by fixing a period not exceeding one year, according to the standards prescribed by Ordinance of the
Ministry of the Interior: Provided, That where it falls under subparagraph 3, he/she shall revoke the
designation thereof: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
1. When a traffic safety educational institution fails to make a correction within 30 days from the date it
receives a corrective order due to its non-compliance with the standards for designation provided for in
Article 74 (2);
2. When the head of a 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 a traffic safety educational institution issues a certificate of confirmation of
education to anyone who fails to complete traffic safety educational courses, in violation of Article 77
(2);
4. When the head of a 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 a traffic safety educational institution refuses, impedes, or evades the access and
inspection by relevant public officials, in violation of Article 141 (2).
(2) Where a traffic safety educational institution continues operating business, in violation of orders to
suspend the operation thereof pursuant to paragraph (1), the commissioner of a district police agency may
revoke the designation thereof, according to the standards prescribed by Ordinance of the Ministry of the
Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
Article 80 (Drivers' Licenses)
(1) Anyone who intends to drive a motor vehicle, etc. shall obtain a driver's license from the commissioner
of a district police agency: Provided, That the same shall not apply where a person with a mobility
disadvantage defined in subparagraph 1 of Article 2 of the Act on Promotion of the Transportation
Convenience of Mobility Disadvantaged Persons drives a vehicle that can move up to 20 kilometers an
hour among vehicles equipped with a motor defined in subparagraph 19 (b) of Article 2.
(2) The commissioner of a district police agency shall classify the scope of drivers' licences as follows,
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 the Interior: <Amended by Act No. 11690, Mar. 23, 2013;
Act No. 12844, Nov. 19, 2014>
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;
3. Student licenses:
(a) Class I ordinary student licenses;
(b) Class II ordinary student licenses.
(3) The commissioner of a district police agency may attach necessary conditions prescribed by Ordinance
of the Ministry of the Interior, including restrictions on the structures of motor vehicles that can be driven,
etc. according to the physical conditions or driving skills of persons entitled to drivers' licenses. <Amended
by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(4) The commissioner of a district police agency may set additional conditions or alter the conditions
referred to in paragraph (3) according to the physical conditions or driving skills of persons who have
taken aptitude tests pursuant to Articles 87 and 89.
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.
Article 82 (Grounds of Disqualification for Drivers' Licenses)
(1) Any of the following persons shall be disqualified from obtaining a driver's license: <Amended by Act
No. 12917, Dec. 30, 2014>
1. A person younger than 18 years of age (in cases of a motorcycle, referring to a person younger than
16);
2. A person determined by Presidential Decree as being a mentally-disordered person or an epilepsy
patient who may cause any danger or impediment to traffic;
3. The deaf (limited to licenses for large vehicle and licenses for special vehicle, among Class I drivers'
licenses), the blind, or the physically handicapped 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 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) None of the following persons shall obtain a driver's license, unless the period set in the relevant
subparagraph has lapsed: Provided, That where he/she is given a final sentence that is less severe than a
fine or a sentence suspension, or where he/she is suspended of indictment or subject to a decision of
protective detention under Article 32 of the Juvenile Act on any of the following grounds, he/she may
obtain a driver's license even during the period prescribed in the relevant subparagraph: <Amended by Act
No. 13458, Aug. 11, 2015>
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 such
violation in cases of violation of Article 46) from the date of such violation (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 the driver's license is revoked; hereafter in this Article the
same shall apply): 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 of
such violation;
2. Where a person drives a motor vehicle, etc. in violation of Article 43 or 96 (3) at least three times,
two years from the date of such violation;
3. Where a person fails to take measures or report under Article 54 (1) and (2) after killing or injuring
any other person in violation of Article 44, 45, or 46, five years from the date the driver's license is
revoked;
4. Where a 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 specified in Articles 43 through 46, four years from the
date the driver's license is revoked;
5. Where a person causes a traffic accident at least three times while driving a motor vehicle while
intoxicated in violation of Article 44 (1) or (2) (including where Article 43 or 96 (3) is violated
simultaneously), three years from the date the driver's license is revoked (where Article 43 or 96 (3) is
violated simultaneously, referring to the date of such violation) and where a 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 of such violation;
6. Where the driver's license of a person is revoked for violating Article 44 (1) or (2) at least three times
(including where Article 43 or 96 (3) is violated simultaneously) or Article 46 at least twice (including
where Article 43 or 96 (3) is violated simultaneously) or the driver's license is revoked on any ground
specified in Article 93 (1) 8, 12, or 13, two years from the date the driver's license is revoked (where
Article 43 or 96 (3) is violated simultaneously, referring to the date of such violation);
7. Where the driver's license of a person is revoked on grounds, other than cases specified 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 the driver's license is revoked in violation of Article 46) from the
date the driver's license is revoked: Provided, That the same shall not apply where any person whose
driver's license is revoked on any ground specified in Article 93 (1) 9 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 a person remains subject to a disposition taken to suspend the effects of the driver's license,
the period of such suspension.
(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).
Article 83 (Driver's License Tests, etc.)
(1) The driver's license tests (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 established pursuant to Article 120
on any of the following matters according to the classification of driver's licenses under Article 80 (2):
Provided, That the driver's licence tests prescribed by Presidential Decree shall be held by the
commissioner of a district 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, etc. 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 ineligible 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 provided for in Article 73 (1) or education of curricula in a driving school
provided for in 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.
Article 84 (Exemption from Driver's License Tests)
(1) Any of the following persons shall be exempted from part of a driver's licence test, as prescribed by
Presidential Decree: <Amended by Act No. 11298, Feb. 10, 2012>
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;
2. Any person who has passed a technical qualification examination for the repair and inspection of
motor vehicles provided for in Article 10 of the National Technical Qualifications Act;
3. Any of the following persons who hold a drivers' licence that has been issued by an authoritative
institution of a foreign country (hereinafter referred to as "foreign drivers' license"):
(a) Any person who completes the registration for residency pursuant to Article 6 of the Resident
Registration Act;
(b) Any person who is registered as a foreigner pursuant to Article 31 of the Immigration Act and any
person who is exempted from being registered as a foreigner;
(c) Any person who is recognized as a refugee pursuant to the Refugee Act;
(d) Any person who reports his/her residency in the Republic of Korea pursuant to Article 6 of the
Act on the Immigration and Legal Status of Overseas Koreans;
4. Any person who has driven a military motor vehicle that corresponds to a motor vehicle, etc. while
serving in the military for at least 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 a 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 at least 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 partially 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. In such cases, at the request of the relevant
agency which has issued the foreign driver’s license, the Authority may send the foreign driver's license to
the relevant country.
Article 85 (Issuance, etc. of Drivers' Licenses)
(1) Each person who intends to receive a driver's license shall pass a driver's license test.
(2) The commissioner of a district police agency shall issue a driver's license prescribed by Ordinance of
the Ministry of the Interior to each person who passes a driver's license test. <Amended by Act No. 11690,
Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(3) Where a person who has received a driver's license obtains any additional driver's license, the scope of
which is different from the one he/she has received, the commissioner of a district police agency shall
issue a driver's license by expanding the scope of his/her driver's license (referring to making an addition
to the scope of the existing driver's license already received). <Newly Inserted by Act No. 12917, Dec. 30,
2014>
(4) Where a person who has received a driver's license intends to have the scope of his/her driver's license
reduced (referring to removing a scope from the existing scope of the driver's license already received),
the commissioner of a district police agency may issue a driver's license by reducing the scope of his/her
driver's license. <Newly Inserted by Act No. 12917, Dec. 30, 2014>
(5) Each driver's license shall take effect from the time when the principal or his/her agent is issued the
driver's license under paragraphs (2) through (4). In such cases, even when the scope of a driver's license
is expanded or reduced under paragraph (3) or (4), the effect of revocation or suspension of the relevant
driver's license and the demerit points received or to be received under Article 93 shall be succeeded
intactly. <Amended by Act No. 12917, Dec. 30, 2014>
Article 86 (Re-issuance of Drivers' Licenses)
When a person loses his/her driver's license or the driver's license is worn out, he/she may file an
application to the commissioner of a district police agency for the re-issuance of a driver's license, as
prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
Article 87 (Renewal of Drivers' Licenses and Regular Aptitude Tests)
(1) Each person who has obtained a driver's license shall receive such driver's license renewed by the
commissioner of a district police agency, as prescribed by Presidential Decree, within the period classified
as follows:
1. The first renewal period for driver's license is from January 1 through December 31 to which the date
ten years (five years for a person who is 65 or older years of age on the date 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 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) Any of the following persons 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) No person who fails to take or pass a regular aptitude test under paragraph (2) may receive his/her
driver's license renewed.
(4) When a person 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.
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)) falls under the
grounds prescribed by Presidential Decree, such as postnatal disability that impedes the safe driving of a
motor vehicle, 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.
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.
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 subparagraphs 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;
2. A person who takes the aptitude test under Article 87 (2) or Article 88 (1).
Article 91 (Temporary Driving Certificates)
(1) When any of the following persons applies for the issuance of a temporary driving certificate, the
commissioner of a district police agency may issue such temporary driving certificate to the applicant, as
prescribed by Ordinance of the Ministry of the Interior: Provided, That in cases falling under subparagraph
2, the commissioner of a district police agency may issue the driver's license in which the matters
prescribed by Ordinance of the Ministry of the Interior are entered in lieu of issuing the temporary driving
certificate: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
1. Where a person who obtains a driver's license files an application for the 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 provided for
in Article 87, or a occasional aptitude test provided for in Article 88;
3. A person 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) Each 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.
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.
Article 93 (Revocation and Suspension of Drivers' Licenses)
(1) When a person who has obtained a driver' license (excluding any student license; hereafter in this
Article, the same shall apply) falls under any of the following cases, the commissioner of a district police
agency may revoke the driver's license or suspend the effect thereof by up to one year according to the
standards set by Ordinance of the Ministry of the Interior: Provided, That when such person falls under
subparagraph 2, 3, 7 through 9 (excluding where the regular aptitude test period has lapsed), 12, 14, 16
through 18, or 20, his/her driver's license shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013; Act
No. 12844, Nov. 19, 2014; Act No. 12917, Dec. 30, 2014; Act No. 13458, Aug. 11, 2015>
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) at least 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);
5-2. When a person recklessly drives a motor vehicle, in violation of Article 46-3;
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 ineligible to obtain a driver's license pursuant to Article 82 (1) 2 through 5;
8. When a person ineligible to obtain a driver's license pursuant to Article 82 obtains a driver's license
fraudulently or deceptively 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 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 prescribed by Ordinance of
the Ministry of the Interior, such as homicide or rape, by using a motor vehicle, etc.;
12. When a person steals or robs another person's motor vehicle, etc.;
13. When a person applies for a driver's license test 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 engaging 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 unregistered 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 requests for disposition to revoke or suspend a
driver's license pursuant to other Acts;
18-2. When a person drives a truck, in violation of Article 39 (1) or (4);
19. When a person violates this Act or any order issued or any disposition taken in accordance with this
Act;
20. When a person returns, of his/her own will, his/her driver’s license to the commissioner of a district
police agency for the lapse of the license: Provided, That this shall not apply where the said driver’s
license is subject to a disposition of revocation or suspension, or is in the period of suspension of its
effect.
(2) The commissioner of a district 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 the Interior in order for
such demerit points to be used as a basis 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 the Interior, the drivers' licenses may be revoked or suspended, as
prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
(3) When a person who holds 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, the commissioner of a district police agency shall revoke his/her student license: Provided, That
the same shall not apply where the fault does not clearly lie with the person or in other cases prescribed by
Presidential Decree.
(4) When the commissioner of a district police agency intends to take a disposition to revoke or suspend a
driver's license pursuant to paragraph (1) or (2) or intends to take a disposition to revoke a student license
pursuant to paragraph (3), he/she shall pre-notify the party subject to the disposition of the terms of the
disposition and a deadline for presenting his/her opinion, as prescribed by Ordinance of the Ministry of the
Interior, 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 the Interior: Provided, That when the commissioner
of a district police agency intends to revoke a driver's license due to the party's failure to undergo an
aptitude test 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 or after
the disposition, as prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar.
23, 2013; Act No. 12844, Nov. 19, 2014>
Article 94 (Filing of Objections to Disposition Taken to Revoke or Suspend Drivers' Licenses)
(1) Anyone 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 district police agency within 60 days from
the date that person is notified of the disposition, as prescribed by Ordinance of the Ministry of the
Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) The commissioner of a district police agency shall establish a deliberative committee on administrative
dispositions for drivers' licenses (hereinafter referred to as "objection deliberative committee") to
deliberate on objections filed under paragraph (1), as prescribed by Ordinance of the Ministry of the
Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13458, Aug. 11, 2015>
(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 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 from the date he/she is notified of the result of such objection.
(4) A person who is not a public official among the members of the objection deliberative committee shall
be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act. <Newly
Inserted by Act No. 13458, Aug. 11, 2015>
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 district police agency having jurisdiction over that person's
domicile within seven days (in cases falling under subparagraphs 4 and 5, when a driver submits his/her
driver's license in order to obtain a new driver's license) from the date the grounds thereof occur:
1. When that person is subject to disposition of revocation of his/her driver's license;
2. When that person is subject to disposition of suspension of the effect of his/her driver's license;
3. When that person lost his/her driver's license and finds such lost driver's license 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 district 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.
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.
(2) Anyone who is issued with an international driver's license in any foreign country shall be prohibited
from driving any commercial motor vehicle as provided for in the Passenger Transport Service Act or the
Trucking Transport Business Act: Provided, That the same shall not apply to cases where that person rents
any rental motor vehicle provided for in the Passenger Transport Service Act to drive such vehicle.
(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).
Article 97 (Prohibition against 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 of the following cases, the commissioner of a district
police agency having jurisdiction over such person's domicile may prohibit that person from driving any
motor vehicle, etc. using that international driver's license by up to one year according to the standards set
by the Ordinance of the Ministry of the Interior: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844,
Nov. 19, 2014>
1. Where a person fails to undergo or pass an aptitude test 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 issued or disposition taken pursuant to this Act with
respect to the driving of a motor vehicle, etc.
(2) Anyone 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 district 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 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 district police agency shall return without delay such
person's international driver's license that he/she has retained in custody at the relevant person's request.
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 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 district police agency therefor.
(2) The effective period of an international driver's license referred to in paragraph (1) shall be one year
from the date of issuance thereof.
(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 the relevant person to whom the international
driver's license is issued, is lost or revoked.
(4) The effect of an international driver's license referred to in paragraph (1) shall be suspended during the
suspension period, when the effect of the driver's license of the Republic of Korea of the relevant person
to whom the international driver's license is issued, is suspended.
(5) Matters necessary for issuing international drivers' licenses referred to in paragraph (1) shall be
determined by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
Article 99 (Registration of Driving Schools)
Each person 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 district 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 where such person intends to change any of the
registered matters prescribed by Presidential Decree.
Article 100 (Conditional Registration of Driving Schools)
(1) The commissioner of a district 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 set under the same paragraph without justifiable grounds, the
commissioner of the competent district police agency shall revoke its registration.
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.
Article 102 (Grounds for Disqualification from Driving School Registration)
(1) None of the following persons can register a driving school pursuant to Article 99: <Amended by Act No.
13458, Aug. 11, 2015>
1. A person under adult guardianship;
2. A person who has not yet been reinstated after having been adjudicated 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 the execution of the sentence is terminated or
a waiver of execution of the sentence is made definite or any person who is under the suspension 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 the registration of the school is annulled pursuant to Article 113 (1) 1, 5 through 12, (2),
and (4) or any person who intends to establish and operate a driving school in the same location within
one year from the date the registration of a driving school is annulled;
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 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 the executive is found to
fall under paragraph (1) 6.
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.
Article 104 (Designation, etc. of Specialized Driving Schools)
(1) The commissioner of a district police agency may designate any driving school registered pursuant to
Article 99 and meeting each of the following requirements, 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 qualifications specified under Article 105: Provided,
That where a person who establishes and operates a specialized driving school fulfills the requirements
for qualifications may concurrently serve as a superintendent, and in such cases, that person shall
appoint an assistant superintendent who assists the superintendent:
2. A specialized driving school is required to appoint instructors provided for in Article 106 and skill
examiners (referring to persons who perform the skill examinations provided for in Article 108;
hereinafter the same shall apply) 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 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);
4. Methods of education, the abilities of graduates to drive motor vehicles, and the operation of the
relevant specialized driving school shall comply with the standards prescribed by Presidential Decree.
(2) The commissioner of a district police agency shall not designate any of the following driving schools
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 paragraph (1) 2 through 4), or a driving school
established and operated by any former superintendent or vice superintendent within three years from
the date the registration of such driving school has been revoked;
2. Where the registration of any driving school has been revoked pursuant to Article 113 (excluding
paragraph (1) 2 through 4), the driving school established and operated in the same location within three
years from the date the registration of such driving school has been revoked.
(3) When a specialized driving school designated pursuant to paragraph (1) intends to change important
matters prescribed by Presidential Decree, it shall obtain approval therefor from the commissioner of a
district police agency having jurisdiction over the location of such specialized driving school.
Article 105 (Superintendents, etc. of Specialized Driving Schools)
Every superintendent or every vice superintendent shall be a person who fulfills each of the following
requirements: <Amended by Act No. 13458, Aug. 11, 2015>
1. A person between 30 and 65 years of age;
2. A person who has a road traffic career for at least 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 at least three
years and shall not fall under any of the following items:
(a) A minor or a person under adult guardianship;
(b) A person who has not yet been reinstated after having been adjudicated bankrupt;
(c) Anyone who has been sentenced to imprisonment without prison labor or a heavier punishment
for violating the provisions of this Act and 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 the execution of the
sentence is terminated (including where the execution of the sentence is deemed 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 under the suspension of execution after having been sentenced to imprisonment
without prison labor or heavier punishment;
(f) Anyone who is in a period of suspended sentence after having been given a suspended sentence of
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 Officials Act, or other relevant Acts;
3. In cases falling under a person who have established and operated a driving school, etc., the
registration of which has been revoked pursuant to Article 113 (1) 1, 5 through 12, (2), or (4), or of
superintendents or vice superintendents of such driving school, etc., a person for whom three years have
elapsed since the date the registration thereof has been revoked.
Article 106 (Instructors of Specialized Driving Schools)
(1) Each person who intends to become an instructor of any specialized driving school shall pass an
instructor qualification examination prescribed by Ordinance of the Ministry of the Interior, 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. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) The Commissioner General of the National Police Agency shall issue the certificates of qualifications
to persons who have the qualifications referred to in paragraph (1), as prescribed by Ordinance of the
Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(3) Any of the following persons 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 his/her instructor's certificate of
qualification has been revoked in accordance with paragraph (4);
3. Anyone who fails to obtain a driver's license 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 he/she obtains his/her driver's license
for driving a 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 cases, the commissioner of a district police agency may revoke such
instructor's certificate of qualification according to the standards prescribed by Ordinance of the Ministry
of the Interior or suspend the effect of such instructor's certificate of qualification by fixing a period of up
to 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
assigned to educate prospective drivers in the knowledge, etc. necessary to drive motor vehicles, etc.
pursuant to Article 83 (1) 2 and 3: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
1. Where a person takes delivery of a driver's license fraudulently or deceptively;
2. Where a person is sentenced to imprisonment without prison labor or a heavier punishment
(including the suspension of execution) for violating Article 3 (1) of the Act on Special Cases
concerning the Settlement of Traffic Accidents or Article 5-3 of the Act on the Aggravated Punishment,
etc. of Specific Crimes;
3. Where a person educates prospective drivers in a period during which his/her qualifications as an
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 this Act, or any order issued or disposition taken under this Act.
(5) No superintendent of any specialized driving school shall require anyone who is not an instructor to
provide education for knowledge or skills necessary to drive motor vehicles.
Article 107 (Skill Examiners)
(1) Each person 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 the Interior and shall complete the training and
education on the examination of skills to drive motor vehicles in any of the specialized institutions
designated by the Commissioner General of the National Police Agency. <Amended by Act No. 11690, Mar.
23, 2013; Act No. 12844, Nov. 19, 2014>
(2) The Commissioner General of the National Police Agency shall issue 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 the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No.
12844, Nov. 19, 2014>
(3) None of the following persons shall become a skill examiner:
1. Anyone younger than 27 years of age;
2. Anyone who falls under Article 76 (3) 2 or 3;
3. Anyone for whom three years have yet to elapse since the date 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 he/she received
a driver's license.
(4) When any skill examiner falls under any of the following cases, the commissioner of a district police
agency may revoke the examiner's qualifications as a skill examiner according to the standards prescribed
by Ordinance of the Ministry of the Interior or suspend the effects of the qualifications as a skill examiner
by fixing a period of up to one year: Provided, That where the examiner falls under any of subparagraphs
1 through 6, the qualifications as a skill examiner shall be revoked: <Amended by Act No. 11690, Mar. 23,
2013; Act No. 12844, Nov. 19, 2014>
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 is issued the certificate of qualifications as the skill examiner fraudulently or
deceptively;
3. Where a skill examiner is sentenced to imprisonment without prison labor or heavier punishment
(including the suspension of execution) for violating Article 3 (1) of the Act on Special Cases
concerning the Settlement of Traffic Accidents or Article 5-3 of the Act on the Aggravated Punishment,
etc. of Specific Crimes;
4. Where a skill examiner performs any skill examination during a period in which his/her qualifications
as a skill examiner are suspended;
5. Where a skill examiner lends his/her certificate of qualifications as a 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, or any order issued or disposition taken under this Act.
Article 108 (Skill Examinations)
(1) The commissioner of a district 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 of the following persons, as prescribed by Ordinance of the Ministry of the Interior:
<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
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) No superintendent of any specialized driving school shall 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 a skill
examination held by him/her, as prescribed by Ordinance of the Ministry of the Interior. <Amended by Act
No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(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 issue 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 the Interior.
<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
Article 109 (Training, Education, etc. for Instructors, etc.)
(1) When deemed necessary to upgrade the quality of any of the following, the commissioner of a district
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 establishes and operates a driving school, etc.;
2. Any instructor of a driving school, etc.;
3. Any skill examiner.
(2) Each person who establishes and operates a driving school, etc. shall publicly post the names, ages,
and careers of instructors as well as curriculums of such driving school, etc., as prescribed by Ordinance
of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
Article 110 (Tuition Fees, etc.)
(1) Any person who establishes and operates a driving school, etc. may collect tuition fees, costs incurred
in performing skill examinations pursuant to Article 108, or usage charges, etc. (hereinafter referred to as
"tuition fees, etc.") from students.
(2) Each person who establishes and operates a driving school, etc. shall determine tuition fees, etc. taking
into account the details of education, education hours, etc. and then publicly display them in the driving
school, etc., as prescribed by Ordinance of the Ministry of the Interior. <Amended by Act No. 11690, Mar. 23,
2013; Act No. 12844, Nov. 19, 2014>
(3) No person who establishes and operates a driving school, etc. shall receive any money in excess of
tuition fees, etc. publicly displayed pursuant to paragraph (2).
(4) When the education of driving schools is deemed likely to deteriorate due to the excessive reduction in
tuition fees, etc., the commissioner of the district police agency may order the adjustment in the excessive
reduction therein, as prescribed by Presidential Decree.
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.
Article 112 (Reporting on Suspension or Closure 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 at least one month, such person shall report thereon to the
commissioner of a district police agency within seven days from the date he/she closes, or suspends the
operation of the driving school, etc., as prescribed by Ordinance of the Ministry of the Interior. <Amended
by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
Article 113 (Administrative Disposition Taken against Driving Schools, etc.)
(1) When a driving school, etc. falls under any of the following cases, the commissioner of a district police
agency shall revoke the registration thereof or order it to suspend the operation thereof by fixing a period
of up to one year according to the standards prescribed by Ordinance of the Ministry of the Interior:
Provided, That when the driving school, etc. falls under subparagraph 1, its registration shall be revoked:
<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
1. Where a driving school, etc. has been registered pursuant to Article 99 or has been designated
pursuant to Article 104 (1) fraudulently or deceptively;
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 it is
scheduled to open without justifiable grounds;
4. Where a driving school, etc. suspends its operation for at least 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 establishes 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. refuses, 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 issued 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, or any order issued or disposition taken under this
Act.
(2) Where a specialized driving school falls under any of the following cases, the commissioner of a
district police agency may revoke the registration thereof or order it to suspend the operation thereof by
fixing a period of up to one year, according to the standards prescribed by Ordinance of the Ministry of the
Interior: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
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 for a disposition to cancel the designation
of a traffic safety educational institution referred to in Article 79 or to suspend the operation thereof;
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 allows 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 issues a certificate of completion or a
certificate of graduation to anyone who fails to pass a skill examination, in violation of Article 108 (5).
(3) Where a specialized driving school falls under any of the following cases, the commissioner of a
district police agency may revoke the designation thereof, according to the standards prescribed by
Ordinance of the Ministry of the Interior: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19,
2014>
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 issued to suspend the
operation thereof pursuant to paragraph (1) or (2), the commissioner of a district police agency may
revoke the registration thereof or order it to re-suspend the operation thereof by fixing a period of up to
one year, according to the standards prescribed by Ordinance of the Ministry of the Interior. <Amended by
Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
Article 114 (Hearings)
When intending to revoke the registration, designation, etc. of any driving school, etc. pursuant to Article
113, the commissioner of a district police agency shall hold a hearing with regard thereto.
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., the registration thereof is
revoked pursuant to Article 113, or is subject to a disposition taken to suspend the operation thereof,
continues to conduct driving training, the commissioner of a district police agency may take any of the
following measures to close the relevant driving school, etc. or suspend the operation thereof:
1. Measures to remove the signboard and signs of the relevant driving school, etc. and install facilities
used to prevent students from entering the relevant driving school, etc.;
2. Measures to affix signs to the relevant driving school, etc., which publicly 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 produce them to interested parties.
Article 116 (Prohibition on Unregistered and Paid Driving Education)
No person who fails to have his/her driving school registered pursuant to Article 99 shall perform any of
the following acts 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 to practice driving a motor vehicle, etc. and soliciting people to make use of such
facilities.
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.
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.
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:
1. Objectives;
2. Name;
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.
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.
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.
Article 122 (Articles of Association)
(1) Any of the following matters shall be included in the Articles of association of the Authority:
1. Objectives;
2. Name;
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.
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.
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.
Article 125 (Executives)
The Authority shall have 11 or less directors including one president and one auditor.
Articles 126 through 128 Deleted. <by Act No. 10382, Jul. 23, 2010>
Article 129 (Employees)
The employees of the Authority shall be appointed or dismissed by the president as prescribed by the
Articles of association.
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.
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.
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);
5. Other revenues.
(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.
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.
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.
Article 133 Deleted. <by Act No. 10382, Jul. 23, 2010>
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.
Article 135 Deleted. <by Act No. 10382, Jul. 23, 2010>
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.
Article 137 (Management, 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 district police 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 district 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 the Interior. <Amended by Act No. 11690,
Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(4) In receipt of an application referred to in paragraph (3), the commissioner of a district 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 the Interior. <Amended by
Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(5) Where any request is made to verify the authenticity of a driver's license, the Commissioner General of
the National Police Agency or the Authority may verify its authenticity by using the data processing
system referred to in paragraph (1). <Newly Inserted by Act No. 12917, Dec. 30, 2014>
Article 138 (Keeping of Drivers' Licenses, etc. in Custody)
(1) Where any driver of a motor vehicle, etc. falls under any of the following cases, 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 a driver is deemed subject to disposition of the revocation or suspension of his/her driver's
license pursuant to Article 93;
3. Where a holder of an international driver's license issued in any foreign country under Article 96
commits an offense provided for in Article 162 (1).
(2) Each 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 the penalty is
paid or the date 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 chief of the
competent police station.
Article 138-2 (State Subsidies)
The State may fully or partially subsidize expenses incurred in establishing and managing protection areas
for children under Article 12 and protection areas for older persons and persons with disabilities under
Article 12-2 to local governments, within budgetary limits: Provided, That the subsidies shall be provided
preferentially to protection areas where traffic accidents involving children, older persons, or persons with
disabilities occur frequently. <Amended by Act No. 13458, Aug. 11, 2015>
Article 139 (Fees)
(1) Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of the Interior:
Provided, That where the Commissioner General of the National Policy Agency or the commissioner of a
district police 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: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12917, Dec. 30,
2014>
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;
5. Anyone who files an application for the issuance or re-issuance of his/her driver's license pursuant to
Articles 85 through 87;
6. Deleted; <by Act No. 12917, Dec. 30, 2014>
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;
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. Deleted; <by Act No. 12917, Dec. 30, 2014>
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 from 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 or occasional aptitude test or applies for the
deferment of an aptitude test pursuant to Articles 87 and 88.
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.
Article 141 (Guidance, Supervision, etc.)
(1) The commissioner of a district police agency shall properly guide and supervise traffic safety
educational institutions, driving schools, etc. in order to ensure their sound development.
(2) Where deemed necessary, the commissioner of a district 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 district police agency
may order facilities and equipment to be upgraded if deemed necessary to do so:
1. The head of any traffic safety educational institution;
2. Anyone who establishes and operates any driving school, etc.;
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 interested parties.
(4) The Commissioner General of the National Policy Agency shall direct and supervise the following
matters, among affairs of the Authority and may issue orders necessary to accomplish the objectives for
establishing the Authority:
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 district police agency entrusts or allows the Authority to conduct by agent;
4. Other matters prescribed by related Acts and subordinate statutes.
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.
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 chief of the relevant police station (in cases of the Jeju Special Self-
Governing Province, it shall refer to the Governor of the Jeju Special Self-Governing Province; hereafter
in this Article, the same shall apply) on the spot and request the driver to present his/her driver's license
and keep it in custody, as prescribed by Ordinance of the Ministry of the Interior. In such cases, the
written notice shall have the same effect as that of a driver's license until the date the driver appears.
<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) When a Si/Gun public official issues a written notice pursuant to paragraph (1), he/she shall notify
without delay the chief of the relevant police station thereof, accompanied by the relevant driver's license.
(3) In receipt of a written notice notified pursuant to paragraph (2), the chief of the relevant police station
shall confirm the act of violation.
(4) No Si/Gun public officials shall abuse their authority, contrary to the intended purposes, when issuing
a written notice and taking any other measure pursuant to paragraph (1).
Article 144 (Formulation, etc. of Traffic Safety Rules and Guidelines for Traffic Safety Education)
(1) The Commissioner General of the National Police Agency shall formulate traffic safety rules in which
each of the following matters are addressed and disseminate such traffic safety rules widely: <Amended by
Act No. 12917, Dec. 30, 2014>
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. Gist of making way for emergency motor vehicles;
4. 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 formulate and disseminate guidelines
for traffic safety education in which each 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:
<Amended by Act No. 12917, Dec. 30, 2014>
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 older
persons;
5. Matters concerning the gist of making way for emergency motor vehicles;
6. Other matters necessary to efficiently educate people in traffic safety.
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>
Article 145-2 (Large Area Traffic Information Project)
The Commissioner General of the National Police Agency may assign the commissioners of district police
agencies to promote a project, after consultation with Mayors, etc., for which they collect large area traffic
information, and through which they supply the public with the findings of analysis of the information in
connection with the traffic information of other areas.
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 merit points referred to in paragraph (1), persons eligible for merit points, and matters
necessary for awarding merit points, shall be prescribed by Ordinance of the Ministry of the Interior.
<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
Article 147 (Commission, Entrustment, etc.)
(1) A Mayor, etc. may partially commission or entrust his/her authority or clerical work provided for in
this Act, to the commissioner of a district police agency or the chief of a police station, as prescribed by
Presidential Decree.
(2) The Special Metropolitan City Mayor and a Metropolitan City Mayor may partially commission
his/her authority provided for in this Act, to the head of Gu (referring to the head of an autonomous Gu) or
Gun under his/her jurisdiction, as prescribed by Presidential Decree.
(3) The commissioner of a district police agency may partially commission his/her authority or clerical
work provided for in this Act to the chief of the competent police station or entrust such authority or
clerical work to a specialized traffic educational institution, or specialized research institution, etc., as
prescribed by Presidential Decree.
(4) The commissioner of a district police agency or the chief of a police station may partially entrust the
clerical work commissioned or entrusted by a 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 district police agency may allow the Authority to partially conduct 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.
Article 147-2 (Re-examination of Regulations)
The Commissioner General of the National Police Agency shall examine the propriety of the following
matters every three years counting from the following base dates (referring to a date immediately before
the three yearly anniversary from the base date) to take such measures as the repeal, mitigation, or
maintenance thereof:
1. Designation and management of protection areas for children provided for in Article 12: January 1,
2014;
2. Designation and management of protection areas for older persons and persons with disabilities
provided for in Article 12-2: January 1, 2014.
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.
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.
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.
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.
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.
Article 151-2 (Penal Provisions)
Any person who drives a motor vehicle, etc. recklessly in violation of Article 46-3 shall be punished by
imprisonment for not more than one year or by a fine not exceeding five million won.
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.
Article 152-2 Deleted. <by Act No. 10382, Jul. 23, 2010>
Article 153 (Penal Provisions)
(1) 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: <Amended by Act No. 13458,
Aug. 11, 2015>
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).
(2) Anyone who drives a motor vehicle intentionally violating Article 13 (3) on an expressway, an
exclusive road for motor vehicle, or a road with median strip, shall be punished by a fine not exceeding
one million won or by penal detention. <Newly Inserted by Act No. 13458, Aug. 11, 2015>
Article 154 (Penal Provisions)
Any of the following persons shall be punished by a fine not exceeding 300,000 won or by penal
detention:
1. Anyone who has made paintwork, markings, etc. on a motor vehicle, 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 provided for in
Article 80, in violation of Article 43;
3. Anyone who has driven a motor vehicle, etc. in a condition that he/she is feared not to drive normally
due to overwork or illness, in violation of Article 45;
4. Anyone who has failed to 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 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, 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, in violation of paragraph (4) of the same Article;
8. Anyone who has violated any order issued by the chief of a police station pursuant to Article 71 (1).
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.
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 a fine for negligence: <Amended by Act No. 12045, Aug. 13, 2013; Act No. 12343, Jan. 28, 2014; Act No.
12917, Dec. 30, 2014; Act No. 13458, Aug. 11, 2015>
1. The driver of any motor vehicle or the rider of any horse who has violated Article 5, 13 (1) through
(3) (in cases falling under Article 13 (3), excluding a person who drives a motor vehicle intentionally
violating it on an expressway, an exclusive road for motor vehicle, or a road with median strip), or (5),
14 (2), (3), or (5), 15 (3) (including where the provisions are applied mutatis mutandis in Article 61 (2)),
15-2 (3), 17 (3), 18, 19 (1), (3), or (4), 21 (1), (3), or (4), 24, 25 through 28, 32, 33, 37 (excluding
paragraph (1) 2), 38 (1), 39 (1), (3), (4), and (5), 48 (1), 49 (excluding a person who drives a motor
vehicle, in violation of paragraph (1) 1 or 3 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, of the
offenses referred to in subparagraph 4 of the same paragraph), 50 (5) through (7), 51, 53 (1) or (2)
(excluding a driver who fails to make children or infants fasten their seat belts), 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 Article 6 (1), (2), or (4), or 7;
3. Anyone who has violated Article 22, 23, 29 (4) or (5), 53-2, 60, 64, 65, or 66;
4. Anyone who has violated Article 31, 34, or 52 (4) or any order issued pursuant to Article 35 (1);
5. Anyone who has violated any restrictions imposed by the commissioner of a district police agency
pursuant to Article 39 (6);
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) or (3);
7. Anyone who has refused or interfered with collecting his/her driver's license by a police officer
pursuant to Article 95 (2);
8. An operator who has operated a school bus for children without having a guardian aboard, in
violation of Article 53 (3).
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).
Article 158 (Concurrent Sentence of Punishment)
Anyone who has committed any offense provided for in this Chapter may be concurrently sentenced to a
fine, fine for negligence or penal detention, depending on the circumstances.
Article 159 (Joint Penal Provisions)
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.
Article 160 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding five million
won: <Amended by Act No. 12343, Jan. 28, 2014>
1. Anyone who has failed to report the suspension or discontinuation of the operation of a traffic safety
educational institution, in violation of Article 78;
2. Anyone who has failed to post the personal information of instructors and curriculums, 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, etc., 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 closure of a driving school or a specialized driving
school, in violation of Article 112;
6. Anyone who has removed signboards or signs provided for in Article 115 (1), has refused, impeded,
or evaded the installation of facilities or the affix of signboards or signs, or has removed installed
facilities or affixed signboards or signs without permission therefor;
7. An operator who has operated a school bus for children without filing a report under Article 52 (1).
(2) Any of the following persons shall be punished by an administrative fine not exceeding 200,000 won:
<Amended by Act No. 12343, Jan. 28, 2014; Act No. 12917, Dec. 30, 2014>
1. Any driver of a motor vehicle who 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)
or (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 for children who has failed to keep a certificate of report in the school bus
for children, in violation of Article 52 (2);
4-2. Any driver who has failed to make children or infants aboard the school bus for children fasten
their seat belts, in violation of Article 53 (2);
4-3. Any person who has failed to receive safety education regarding school buses for children, in
violation of Article 53-3 (1);
4-4. Any operator of a school bus for children who has made a person who did not receive safety
education regarding school buses for children drive a school bus for children, in violation of Article 53-
3 (3);
5. Any driver who has violated matters to be observed on the expressway, etc. pursuant to Article 67
(2);
6. Any driver who has failed to have his/her driver's license renewed during his/her driver's license
renewal period, in violation of Article 87 (1);
7. Any person who has failed to receive a regular or occasional aptitude test, in violation of Article 87
(2) or 88 (1).
(3) Where it is proved by any photograph, videotape, or visual recorder that a motor vehicle has violated
Article 5, 13 (3), 15 (3) (including where the provisions are applied mutatis mutandis in Article 61 (2)), 17
(3), 23, 25 (5), 29 (4) or (5), 32 through 34, or 60 (1), and such motor vehicle falls under any of the
following cases, the employer, etc. provided for in Article 56 (1) shall be punished by an administrative
fine not exceeding 200,000 won: <Amended by Act No. 11780, May 22, 2013>
1. Where it is impracticable to issue a written notice provided for in Article 143 (1) because the driver
who has performed the violation cannot be identified (limited to where he/she violates Article 15 (3), 29
(4) or (5), 32, 33, or 34);
2. Where it is impracticable to take a disposition to serve a notice pursuant to Article 163.
(4) Notwithstanding paragraph (3), in any of the following cases, no disposition shall be taken to impose
an administrative fine: <Amended by Act No. 13458, Aug. 11, 2015>
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 relevant violation (including where the
driver is subject to a disposition taken to serve a notice for payment of a penalty pursuant to Article
163);
3. Where a driver who has committed a violation is identified as a result of submitting an opinion under
Article 16 (2) of the Act on the Regulation of Violations of Public Order or raising an objection under
Article 20 (1) of the same Act;
4. Where it is clear that a driver has rented a motor vehicle only, which is a lent motor vehicle by a
motor vehicle rental business operator under the Passenger Transport Service Act or an equipment
rental business operator under the Specialized Credit Financial Business Act.
Article 161 (Imposition and Collection of Administrative Fines)
Administrative fines provided for in Article 160 (1) through (3) shall be imposed and collected by any of
the following persons, as prescribed by Presidential Decree: <Amended by Act No. 12343, Jan. 28, 2014>
1. Administrative fines provided for in Article 160 (1) through (3) (excluding where the traffic of
exclusive lanes provided for in Article 15 (3), the stopping or parking of motor vehicles provided for in
Articles 32 through 34, safety education regarding school buses for children provided for in Article 53-3
(1), or obligation of operators of school buses for children provided for in Article 53-3 (3) is violated):
The commissioner of a district police agency;
2. Administrative fines provided for in Article 160 (1) (limited to where Article 52 (1) is violated), (2)
(limited to where any of Articles 49 (1) 1 and 3, 50 (1) through (3), 52 (2), 53 (2), and 53-3 (1) and (3)
is violated) or (3) (limited to where any of Articles 5, 13 (3), 15 (3), 17 (3), 29 (4) and (5), and 32
through 34 is violated): The Governor of the Jeju Special Self-Governing Province;
3. Administrative fines provided for in Article 160 (2) 4-3 and 4-4, and (3) (limited to where any of
Articles 15 (3), 29 (4) and (5), and 32 through 34 is violated): Mayors, etc.;
4. Administrative fines provided for in Article 160 (2) 4-3 or 4-4: The superintendent of an office of
education.
Article 161-2 (Method, etc. of Paying Administrative Fines)
(1) Where the amount of an administrative fine 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 administrative fines by agent prescribed by Presidential Decree. In
such cases, an "institution receiving administrative fines by agent" means an institution conducting
settlement by credit card, etc., by making use of an information and communications network, and
designated as an institution receiving administrative fines by agent, as prescribed by Presidential Decree.
(2) Where an administrative fine is paid by credit card, etc. pursuant to paragraph (1), the date of approval
by an institution receiving administrative fines by agent shall be deemed the date of payment.
(3) An institution receiving administrative fines by agent may receive fees from payers in exchange for
services receiving administrative fines by proxy by credit card, etc., as prescribed by Presidential Decree.
(4) Matters necessary for designation and operation of institutions receiving administrative fines by agent
and fees for receiving by agent, etc, shall be prescribed by Presidential Decree.
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;
2. Anyone who causes any traffic accident by violating regulations: Provided, That anyone who is not
subject to punishment for negligence in the conduct of business resulting in injury or death or gross
negligence resulting in injury or death as provided for in Articles 3 (2) and 4 of the Act on Special
Cases concerning the Settlement of Traffic Accidents, or anyone who is exempted from the punishment
provided for in Article 151 of this Act, shall be excluded.
(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.
Article 163 (Notification Disposition)
(1) With respect to anyone deemed a violator, the chief of a police station or the Governor of the Jeju
Special Self-Governing Province (in cases of the Governor of the Jeju Special Self-Governing Province,
the act of violation provided for in Articles 15 (3), 39 (6), 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), and 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: <Amended by Act No. 12917, Dec. 30, 2014>
1. Anyone whose name and domicile are unidentified;
2. Anyone likely to abscond;
3. Anyone who refuses to receive a penalty payment notification.
(2) 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 chief of the relevant police station thereof.
Article 164 (Payment of Penalty)
(1) Anyone who receives a notice for the payment of a penalty pursuant to Article 163 shall pay such
penalty to the national treasury bank or its branch office or agency, or a 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) No one who pays a penalty pursuant to the provisons of paragraph (1) or (2) shall be punished any
further again for the selfsame offense.
Article 165 (Treatment of Persons who Fail to Implement Notification Disposition)
(1) The chief of a police station shall promptly file a claim for summary judgment against any of the
following persons: 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 amount of the penalty notified 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 a 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 a
penalty in addition to 50/100 of the amount of notified penalty and submits evidentiary documents before
the summary judgment is granted, the chief of the relevant police station shall withdraw his/her claim for
the summary judgment.
(3) No one who pays a penalty pursuant to the proviso to paragraph (1) or paragraph (2) shall be punished
any further for the selfsame offense.
(4) Where a person falls under any subparagraph of paragraph (1), the Governor of the Jeju Special Self-
Governing Province shall promptly notify the chief of the relevant police station thereof and transmit
related documents to the chief of the relevant police station. In such cases, the chief of the relevant police
station so notified shall deal with him/her pursuant to paragraphs (1) through (3).
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.

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
Security and Public Administration.
(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 Security and Public Administration.
(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;
3. When he/she falls under Article 10 (2) of the Addenda to the amended Public Officials Pension Act,
Act No. 6328.
(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)
The State property and goods occupied, used or administered by a driver's license test administrative
organization which become vested in special accounts of a responsible administrative agency (account
of automobile driver's license) pursuant to Article 29-2 of the Act on the Establishment and Operation
of Responsible Administrative Agencies as at the time this Act enters into force shall be restored to
general accounts.
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.

ADDENDA <Act No. 11298, Feb. 10, 2012>


Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2013.
Articles 2 and 3 Omitted.

ADDENDA <Act No. 11402, Mar. 21, 2012>


Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
The National Best Driver Association, an incorporated association established under Article 32 of the
Civil Act at the time this Act enters into force, shall be deemed the Exemplary Drivers Association
established under this Act.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.

ADDENDUM <Act No. 11780, May 22, 2013>


This Act shall enter into force six months after the date of its promulgation.

ADDENDUM <Act No. 12045, Aug. 13, 2013>


This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 12248, Jan. 14, 2014>


Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.

ADDENDA <Act No. 12343, Jan. 28, 2014>


Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended
provisions of Article 12 (1) 4 shall enter into force six months after the date of its promulgation and the
amended provisions of Article 13 (6) three months after the date of its promulgation.
Article 2 (Time Limit for Application of Obligations of Drivers of School Buses for Children on which
No Guardian is Aboard)
The amended provisions for Article 53-2 shall apply for two years from the date on which this Act
enters into force.
Article 3 (Applicability to Duties of Drivers, Operators, etc. of School Buses for Children)
With respect to school buses with the prescribed seating capacity of not more than 15 persons which are
operated by private teaching institutes under the Act on the Establishment and Operation of Private
Teaching Institutes and Extracurricular Lessons and sports facilities under the Installation and
Utilization of Sports Facilities Act, the amended provisions of Article 53 (3) shall apply from the date
on which two years elapse after this Act enters into force.
Article 4 (Applicability to Provision of Information, etc. on Violations Committed by School Buses for
Children)
The provision of information, etc. on violations committed by school buses for children under the
amended provisions of Article 53-4 shall apply to violations committed after this Act enters into force.
Article 5 (Transitional Measures concerning School Buses for Children Formerly Reported)
School buses for children on which reports have been filed under the former provisions as at the time
this Act enters into force shall be deemed school buses for children reported under the amended
provisions of Article 52.
Article 6 (Transitional Measures concerning Unreported Motor Vehicles Used to Transport Children
to Schools)
A person who operates a motor vehicle used to transport children to school as at the time this Act enters
into force but has not reported it as a school bus for children shall file a report in accordance with the
amended provisions of Article 52 within six months after this Act enters into force.
Article 7 (Transitional Measures concerning Education on Safe Operation, etc. of School Buses for
Children)
(1) Persons who have received initial safety education under the former provisions before this Act
enters into force shall be deemed to have received initial safety education under the amended provisions
of Article 53-3 (2).
(2) Notwithstanding the amended provisions of Article 53-3 (2), persons who are operating or driving
school buses for children as at the time this Act enters into force but have failed to receive safety
education which should have been received as at the time of commencement of such operation or
driving service, shall receive initial safety education within three months after this Act enters into force.
(3) Persons who have received regular safety education (former safety re-education) for two years
preceding the enforcement date of this Act under the former provisions shall be deemed received
regular safety education under the amended provisions of Article 53-3 (2).
(4) Notwithstanding the amended provisions of Article 53-3 (2), persons who are operating or driving
school buses for children as at the time this Act enters into force but have failed for two years preceding
the enforcement date of this Act to receive safety education (former safety re-education) which should
have been received under the former provisions, shall receive initial safety education within six months
after this Act enters into force.

ADDENDA <Act No. 12345, Jan. 28, 2014>


Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.

ADDENDA <Act No. 12844, Nov. 19, 2014>


Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions
of an Act, promulgated before this Act enters into force, but the date they are to enter into force, has not
yet arrived, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the
date such respective Act enters into force.
Articles 2 through 7 Omitted.

ADDENDA <Act No. 12917, Dec. 30, 2014>


Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That of the partially amended
Road Traffic Act (Act No. 12343), the amended provisions of Articles 53 (2) and (3), 53-2, and 160 (2)
shall enter into force on January 29, 2015, and the amended provisions of Articles 14 (4) and (5), 39 (2)
through (6), 44 (2), 73 (1) 6 and 7, 85 (5), 144 (1) 3 and 4 and (2) 5 and 6, subparagraphs 1 and 5 of
Article 156, and Article 163 (1) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Traffic Safety Education)
The amended provisions of Article 73 (2) 1 shall also apply to a person who has been subject to a
disposition of revocation of his/her driver's license before this Act enters into force on any ground
prescribed in Article 93 (1) 9 or 20.

ADDENDA <Act No. 13425, Jul. 24, 2015>


Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.

ADDENDA <Act No. 13426, Jul. 24, 2015>


Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.

ADDENDA <Act No. 13458, Aug. 11, 2015>


Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.: Provided, That the amended provisions
of Articles 46-3, 73 (2), 93 (1), 151-2, 153, and 156 shall enter into force six months after the date of its
promulgation.
Article 2 (Applicability to Disqualification Periods for Obtaining Driver's License)
The disqualification periods for obtaining a driver's license under the amended provisions of the proviso
to Article 82 (2) and subparagraphs 5 through 7 of the same paragraph shall apply to violations
committed after this Act enters into force: Provided, That the amended provisions of the proviso to
Article 82 (2) and subparagraph 7 of the same paragraph shall also apply to a person on whom a
procedure for administrative disposition is being taken or who is in the period of disqualification for
obtaining a driver's license after this Act enters into force, due to a violation committed before this Act
enters into force.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship referred to in the amended provisions of Article 102 (1) 1 and
subparagraph 2 (a) of Article 105 shall be deemed to include persons in whose case the declaration of
incompetency or quasi-incompetency is still in force under Article 2 of the Addenda to the partially
amended Civil Act (Act No. 10429).

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