MOTOR VEHICLE MANAGEMENT ACT
Wholly Amended by Act No. 5104, Dec. 29, 1995
Amended by Act No. 5094, Dec. 29, 1995
Act No. 5453, Dec. 13, 1997
Act No. 5729, Jan. 29, 1999
Act No. 5968, Apr. 15, 1999
Act No. 6470, Apr. 7, 2001
Act No. 6627, Jan. 26, 2002
Act No. 6730, Aug. 26, 2002
Act No. 7100, Jan. 20, 2004
Act No. 7471, Mar. 31, 2005
Act No. 7428, Mar. 31, 2005
Act No. 8254, Jan. 19, 2007
Act No. 8369, Apr. 11, 2007
Act No. 8358, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8658, Oct. 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8980, Mar. 21, 2008
Act No. 8979, Mar. 21, 2008
Act No. 9066, Mar. 28, 2008
Act No. 9105, jun. 5, 2008
Act No. 9109, jun. 13, 2008
Act No. 9449, Feb. 6, 2009
Act No. 9770, jun. 9, 2009
Act No. 9867, Dec. 29, 2009
Act No. 10219, Mar. 31, 2010
Act No. 10721, May 24, 2011
Act No. 11190, Jan. 17, 2012
Act No. 11449, May 23, 2012
Act No. 11588, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11929, Jul. 16, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12146, Dec. 30, 2013
Act No. 12217, Jan. 7, 2014
Act No. 12472, Mar. 18, 2014
Act No. 12986, Jan. 6, 2015
Act No. 13089, Jan. 28, 2015
Act No. 13486, Aug. 11, 2015
Act No. 13686, Dec. 29, 2015
Act No. 13933, Jan. 28, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14546, Jan. 17, 2017
Act No. 14532, Jan. 17, 2017
Act No. 14864, Aug. 9, 2017
Act No. 14950, Oct. 24, 2017
Act No. 14939, Oct. 24, 2017
Act No. 15321, Dec. 26, 2017
Act No. 15402, Feb. 21, 2018
Act No. 15681, jun. 12, 2018
Act No. 15736, Aug. 14, 2018
Act No. 16101, Dec. 31, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to manage motor vehicles efficiently and secure the performance and safety of motor vehicles by prescribing the matters concerning the registration, safety standards, self-authentication, correction of manufacturing defects, inspection, maintenance, testing of motor vehicles, and motor vehicle management business, etc., and thereby contributing to promoting public welfare.
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
The definitions of the terms used in this Act are as follows: <Amended by Act No. 10721, May 24, 2011; Act No. 11588, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014; Act No. 13486, Aug. 11, 2015; Act No. 13686, Dec. 29, 2015; Act No. 13933, Jan. 28, 2016>
1. | The term "motor vehicle" means an instrument manufactured for the purpose of movement on land by an engine or an instrument manufactured for the purpose of movement on land by being towed (hereinafter referred to as "towed motor vehicle"): Provided, That those prescribed by Presidential Decree shall be excluded herefrom; |
1-2. | The term "engine" means a power-generating device, such as an internal combustion engine or an electronic motor, manufactured mainly for driving motor vehicles; |
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1-3. | The term “autonomous driving motor vehicle” means a motor vehicle which can self operate without any operation by its driver or passengers; |
1-4. | The term “incomplete motor vehicle” means a motor vehicle equipped with its chassis and other minimum structure and devices, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which further requires additional manufacturing/assembling processes so that it can be used in accordance with its usage; |
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1-5. | The term “motor vehicle manufactured by phase” means a motor vehicle manufactured by phase in order to ensure that the operation prescribed in subparagraph 2 (referring to the act of enabling a motor vehicle’s use in accordance with its usage) is enabled by using an incomplete motor vehicle; |
2. | The term "operation" means an act of using a motor vehicle according to its usage, regardless of the transportation of people or freight; |
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3. | The term "motor vehicle user" means the owner of a motor vehicle or a person who has been entrusted with matters concerning the operation, etc. of a motor vehicle by the motor vehicle owner; |
4. | The term "model" means any type, standard, and performance concerning the structure and devices of a motor vehicle; |
4-2. | The term "pressure-resistant container" means a container manufactured for the purpose of being installed in a motor vehicle, as prescribed in subparagraph 2 of Article 3 of the High-Pressure Gas Safety Control Act in order to use high-pressure gas as fuel (including a valve and a safety device of the container); |
5. | The term "vehicle scrapping" means dismantling a motor vehicle and then compressing, crushing, or cutting the devices of the motor vehicle set forth in Ordinance of the Ministry of Land, Infrastructure and Transport so that it cannot maintain its performance, or compressing or crushing a motor vehicle without dismantling it; |
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6. | The term "motor vehicle management business" means motor vehicle transaction business, motor vehicle maintenance business, and motor vehicle scrapping and recycling business; |
7. | The term "motor vehicle transaction business" means being engaged in the sale and purchase of motor vehicles (excluding newly constructed motor vehicles and two-wheeled motor vehicles), intermediation therein and vicarious execution of application for their registration; |
8. | The term "motor vehicle maintenance business" means any business engaged in the inspection and maintenance of motor vehicles (excluding two-wheeled motor vehicles) or the tuning works: Provided, That those prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be excluded herefrom; |
9. | The term "motor vehicle scrapping and recycling business" means any business engaged in the takeover of motor vehicles requested for scrapping (excluding two-wheeled motor vehicles), collection of reusable parts, scrapping a motor vehicle and vicarious execution of application for cancellation of registration; |
10. | The term “accident recording device” means any device or function that stores operation information about a motor vehicle and verifies information stored for a specific period of time before and after an accident set forth in Ordinance of the Ministry of Land, Infrastructure and Transport, including motor vehicle collisions; |
11. | The term “motor vehicle tuning” means altering a certain part of motor vehicle structure and devices or adding affixed objects to a motor vehicle; |
12. | The term “standard maintenance time” means the average maintenance time for each maintenance work which is prepared, publicly disclosed and used by the association of the motor vehicle maintenance business entities; |
13. | The term “motor vehicle subject to total loss” means a motor vehicle, the condition of which is completely damaged, destroyed, or stained to make it unrepairable, or the amount of damage or loss of which and the amount to be borne by its insurance company is at least the insurable value, which is classified as follows by the insurance company prescribed in Article 2 of the Insurance Business Act (hereinafter referred to as “insurance company”): |
(a) | Where it is classified as a stolen or lost motor vehicle; |
(b) | Where it is classified as a repairable motor vehicle; |
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(c) | Where it is classified as unrepairable and subject to be scrapped; |
14. | The term “motor vehicle auction” means disposal of motor vehicles (excluding newly constructed motor vehicles and two-wheeled vehicles), after establishing an auction place pursuant to Article 60, by the method of selling them by auction (including the auction through electronic transactions prescribed in subparagraph 5 of Article 2 of the Framework Act on Electronic Documents and Transactions). |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 3 (Types of Motor Vehicles) | |
(1) | Motor vehicles shall be classified as follows: <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
1. | Passenger vehicles: A motor vehicle suitably manufactured to transport up to 10 persons; |
2. | Motor vehicles for passengers and freight: A motor vehicle suitably manufactured to transport 11 persons or more: Provided, That any of the following motor vehicles shall be deemed motor vehicles for passengers and freight, regardless of the number of passengers: |
(a) | A motor vehicle suitably manufactured to transport up to 10 persons with special equipment or facilities fitted in the motor vehicle; |
(b) | A front-steering motor vehicle suitably manufactured to transport up to 10 persons as a light-typed motor vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
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(c) | A motor vehicle or a trailer for camping purposes; |
3. | Freight motor vehicles: A motor vehicle equipped with a loading space which makes the car suitable for transport of freight and in which the gross weight for a carload of freight in the loading space is heavier than that of the passengers when all passengers, except the driver, are on board in the boarding space; |
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4. | Special motor vehicles: A motor vehicle suitably manufactured to perform towing other motor vehicles, rescue work, or other special tasks and that is neither a passenger motor vehicle, a motor vehicle for passengers and freight, nor a freight motor vehicle; |
5. | Two-wheeled motor vehicles: A two-wheeled motor vehicle and other motor vehicles similarly structured thereto which are suitably manufactured to transport one or two persons, regardless of the size of total displacement or rated output of a motor vehicle. |
(2) | The detailed criteria for classification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, according to the criteria, such as size, structure, motor type, total displacement, or rated output of a motor vehicle. <Newly Inserted by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(3) | The types of motor vehicles classified in paragraph (1) may be sub-classified in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 4 (Guidance and Supervision of Motor Vehicle Management Work) | |
The Minister of Land, Infrastructure and Transport shall guide and supervise any motor vehicle management work prescribed under the authority of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") or a Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si/Gun/Gu"; the head of a Gu refers to the head of an autonomous Gu) in this Act in order to establish an adequate and efficient system concerning motor vehicle management and improve the efficiency of motor vehicle management work. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14950, Oct. 24, 2017>
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 4-2 (Formulation of Master Plans for Motor Vehicle Policy) | |
(1) | In order to efficiently manage and increase the safety of motor vehicles, the Minister of Land, Infrastructure and Transport shall formulate and implement a master plan for motor vehicle policy (hereinafter referred to as "master plan") every five years. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The master plan shall include the following: |
1. | Prospect for development of motor vehicle-related technologies, and promotional direction of the motor vehicle safety and management policies; |
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2. | Matters on the research and development, fundamental creation and international compatibility of motor vehicle safety standards under Article 29; |
3. | Matters on increasing safety of motor vehicles; |
4. | Matters on a system for managing motor vehicles and on protection of consumers; |
5. | Other matters necessary for safety and management of motor vehicles. |
(3) | Where the Minister of Land, Infrastructure and Transport intends to formulate a master plan in accordance with paragraph (1), he or she shall first consult with the head of a relevant central administrative agency and the Mayor/Do Governor, and finalize the plan after deliberation thereon by the National Transport Committee pursuant to Article 106 of the National Transport System Efficiency Act. The same shall also apply to any intended modification to the master plan (excluding insignificant modifications prescribed by Presidential Decree). <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | When a master plan is finalized, the Minister of Land, Infrastructure and Transport shall notify the head of a relevant central administrative agency and the Mayor/Do Governor thereof, and shall publicly announce it (including posting on the Internet). <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | Matters necessary for formulating and modifying master plans under paragraphs (1) through (4), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
CHAPTER II MOTOR VEHICLE REGISTRATION
No motor vehicle (excluding two-wheeled motor vehicles; hereafter the same shall apply to the provisions of this Article through Article 47-11) shall be operated unless it is registered in the motor vehicle register (hereinafter referred to as "register"): Provided, That this shall not apply where a motor vehicle is operated with temporary operation permission obtained under Article 27 (1) within the permitted period. <Amended by Act No. 14950, Oct. 24, 2017>
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 6 (Validity of Change of Ownership of Motor Vehicles) | |
Acquisition, loss or change of the ownership of a motor vehicle shall take effect only by completing registration.
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 7 (Motor Vehicle Register) | |
(1) | The Mayor/Do Governor shall furnish and manage the register. <Amended by Act No. 12986, Jan. 6, 2015> |
(2) | Where the register is fully or partially destroyed or lost, the Mayor/Do Governor shall take measures necessary for its restoration, as prescribed by Presidential Decree. |
(3) | The Minister of Land, Infrastructure and Transport or the Mayor/Do Governor shall take measures necessary to prevent destruction, mutilation, or other illicit outflow of the register or any descriptions recorded therein and to preserve it. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | A person who intends to inspect the register or to receive a certified copy or abridged copy thereof, shall file an application therefor with the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | When the Mayor/Do Governor allows a person to inspect the register or issues a certified copy or abridged copy thereof pursuant to paragraph (4), he or she may omit part of the descriptions recorded therein, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, for preventing disclosure of personal information. <Amended by Act No. 11690, Mar. 23, 2013> |
(6) | The register shall specify a motor vehicle’s registration number, identification number, name, main place of use, title owner, engine model, vehicle type, usage, detailed type, changed structure and device, term of validity of inspection, information on any mortgage right and other matters necessary to be publicly notified. In such cases, details to be included, documentary forms and method of statement shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12986, Jan. 6, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 8 (New Registration) | |
(1) | A person who intends to make a new registration of a motor vehicle shall file an application for the new motor vehicle registration (hereinafter referred to as "new registration") with the Mayor/Do Governor, as prescribed by Presidential Decree. |
(2) | Upon receipt of an application for the new registration, the Mayor/Do Governor shall record necessary matters in the register and issue a motor vehicle registration certificate. |
(3) | Where a person who manufactures, assembles, or imports motor vehicles (including persons entrusted with the sale of motor vehicles by such person; hereinafter referred to as "motor vehicle manufacturer, seller, etc.") has sold a motor vehicle, he or she shall immediately transmit information on a certificate of manufacture of a motor vehicle necessary for entering in the register to the electronic information processing organization established under Article 69, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall file an application for the new registration without delay in lieu of the buyer: Provided, That the foregoing shall not apply where a buyer himself or herself files an application for new registration, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11588, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
(4) | Where any motor vehicle manufacturer, seller, etc. files an application for new registration under paragraph (1), he or she may collect a fee from a buyer of a motor vehicle, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 8-2 (Duty to Notify Motor Vehicle Manufacturers and Sellers) | |
(1) | Where any motor vehicle manufacturer, seller, etc. sells a motor vehicle in regard to which registration for cancellation has been made due to return under Article 13 (1) 2, he or she shall notify the buyer of the fact that the relevant motor vehicle has been returned to the manufacturer. <Amended by Act No. 12217, Jan. 7, 2014> |
(2) | Where any motor vehicle manufacturer, seller, etc. sells a motor vehicle, he or she shall notify the buyer of the maintenance and other conditions about malfunction, flaw and other defects occurred before the delivery of the motor vehicle after it was released from the factory by its manufacturer (referring to the date of manufacture of the motor vehicle): Provided, That in cases of a motor vehicle returned upon request for replacement or refund under Article 47-2, such notification shall include the reason for replacement or refund, and such reason shall also be stated in the certificate of manufacture of the relevant motor vehicle. <Newly Inserted by Act No. 12217, Jan. 7, 2014; Act No. 14950, Oct. 24, 2017> |
[This Article Newly Inserted by Act No. 11588, Dec. 18, 2012]
Article 9 (Rejection of New Registration) | |
The Mayor/Do Governor shall reject new registration in any of the following cases: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 13089, Jan. 28, 2015; Act No. 13686, Dec. 29, 2015>
1. | Where no legitimate cause exists for the acquisition of the relevant motor vehicle or there are any false entries in an application for registration; |
2. | Where any identification number or engine model of a motor vehicle prescribed in Article 22 is not indicated, or such number or model is indicated inconsistent with those of the self authentication mark of motor vehicle prescribed in Article 30 (4) or a new inspection certificate prescribed in Article 43 (3); |
3. | Where a person intends to register a motor vehicle for commercial use inconsistent with the licence, registration, approval, or reported details of the passenger vehicle transport service provided under the Passenger Transport Service Act or of the truck transport service provided under the Trucking Transport Business Act; |
4. | Where a person intends to make a registration, in violation of the restrictions on use of liquefied petroleum gas as fuel prescribed in Article 28 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
5. | Where a person intends to register a motor vehicle which has failed to obtain certification from a manufacturer prescribed in Article 48 of the Clean Air Conservation Act and Article 31 of the Noise and Vibration Control Act, or which has used asbestos in its brake system; |
6. | Where it is an incomplete motor vehicle. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 10 (Motor Vehicle Registration License Plates) | |
(1) | The Mayor/Do Governor shall attach and seal a motor vehicle registration license plate (hereinafter referred to as "registration license plate"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the owner of a motor vehicle or a person who applies for registration in lieu of the owner of a motor vehicle under the main bodies of Articles 8 (3) and 12 (2) intends to attach and seal a registration license plate directly, the Mayor/DoGovernor may have the same person attach and seal a registration license plate directly, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | No registration license plate and seal attached under paragraph (1) shall be detached, unless permission from the Mayor/Do Governor is obtained or otherwise provided for in other laws and regulations. |
(3) | Where a registration license plate or seal is detached or illegible, the owner of a motor vehicle shall file an application for reattachment and reseal of registration license plate, as prescribed in paragraph (1) to the Mayor/Do Governor. |
(4) | No motor vehicle shall be operated without the attachment and seal of a registration license plate under paragraphs (1) and (3): Provided, That the foregoing shall not apply where a temporary operation permit license plate as prescribed in Article 27 (2) has been attached. |
(5) | No one shall cover a registration license plate nor make it illegible, and no motor vehicle with the covered or illegible registration license plate shall be operated. |
(6) | No person shall manufacture, import, sell, or offer devices to be used for shielding a registration license plate intentionally or making it illegible. <Newly Inserted by Act No. 10721, May 24, 2011> |
(7) | Where the registration number plate becomes invisible because it is covered by a certain device for carrying a bicycle that is attached to a motor vehicle or by other external devices, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the owner of the aforementioned motor vehicle shall file an application with the Mayor/Do Governor for attachment of the registration number plate for external devices, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Paragraphs (1) through (6) shall apply mutatis mutandis to the registration number plate for external devices. <Newly Inserted by Act No. 11449, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
(8) | Where a registration license plate and its seal are returned, the Mayor/Do Governor shall abolish them so that they cannot be re-used. <Amended by Act No. 10721, May 24, 2011 ; Act No. 11449, May 23, 2012> |
(9) | A person shall neither, in order to interfere with the affairs of seizure of the registration license plate, affix or seal the registration license plate in any methods other than the method of affixing and sealing the license plate in accordance with paragraph (1), nor operate any vehicles violating the same. <Newly Inserted by Act No. 12986, Jan. 6, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 11 (Registration for Modification) | |
(1) | Where any matter recorded in the register is modified (excluding cases corresponding to the registration of transfer under Article 12 and the registration for cancellation under Article 13), the owner of a motor vehicle shall file an application for the registration for modification (hereinafter referred to as "registration for modification") to the Mayor/Do Governor as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to any modification to insignificant registered matters prescribed by Presidential Decree. |
(2) | Subparagraphs 3 and 4 of Article 9 shall apply mutatis mutandis to the registration for modification. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 12 (Registration of Transfer) | |
(1) | A person who acquires a registered motor vehicle by transfer shall file an application for registration of transfer of ownership of the motor vehicle with the Mayor/Do Governor (hereinafter referred to as "registration of transfer"), as prescribed by Presidential Decree. |
(2) | Where a person who has registered a motor vehicle transaction business (hereinafter referred to as "motor vehicle dealer") prescribed in Article 53 sells a motor vehicle or brokers the sale of a motor vehicle, he or she shall file an application for registration of transfer under paragraph (1), in lieu of a buyer: Provided, That the foregoing shall not apply where the motor vehicle dealer sells a motor vehicle or brokers the sale of the motor vehicle to another motor vehicle dealer and where the buyer files an application for registration of transfer in person, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Where a person who has acquired a motor vehicle by transfer intends to re-transfer it to a third party, he or she shall apply for registration of transfer as prescribed in paragraph (1) under his or her own name prior to such transfer. |
(4) | Where a person who has acquired a motor vehicle by transfer fails to file an application for registration of transfer as prescribed in paragraph (1), a transferor (referring to the owner recorded in the register as at the time of applying for registration of transfer) may apply for such registration in lieu of such transferee, as prescribed by Presidential Decree. |
(5) | Upon receipt of an application for registration of transfer under paragraph (4), the Mayor/Do Governor shall accept the registration, as prescribed by Presidential Decree. |
(6) | Where the insurance company has received an application for registration of transfer with respect to the motor vehicle subject to total loss, the Mayor/Do Governor shall accept the application only where the inspection of repair under Article 43 (1) 5 is completed with respect to the relevant motor vehicle. <Newly Inserted by Act No. 13486, Aug. 11, 2015> |
(7) | Subparagraphs 1, 3, and 4 of Article 9 shall apply mutatis mutandis to the registration of transfer under paragraphs (1) and (4). <Amended by Act No. 13486, Aug. 11, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 12-2 (Interested Party's Application for Issuance of Motor Vehicle Register) | |
Where transfer of the relevant motor vehicle is registered, an interested party on the register may file an application with the Mayor/Do Governor for perusal or issuance of the register or an abridged copy thereof, and the Mayor/Do Governor who receives the application shall comply with such request.
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 13 (Registration for Cancellation) | |
(1) | Where a registered motor vehicle falls under any of the following cases, the owner of the motor vehicle (including any administrator of property and inheritor; hereafter in this Article the same shall apply) shall return the motor vehicle registration certificate, the registration license plate, and the seal of the relevant motor vehicle, as prescribed by Presidential Decree, and shall file an application for registration for cancellation (hereinafter referred to as "registration for cancellation") with the Mayor/Do Governor: Provided, That where in cases falling under subparagraph 7 or 8, the owner may file an application for registration for cancellation: <Amended by Act No. 14950, Oct. 24, 2017> |
1. | Where motor vehicle scrapping is requested to a person who has registered the motor vehicle scrapping business prescribed in Article 53 (hereinafter referred to as "motor vehicle scrapping business entity"); |
2. | Where a motor vehicle is returned to the motor vehicle manufacturer, seller, etc. (including cases where a motor vehicle is returned upon request for replacement or refund under Article 47-2); |
3. | Where the age of a motor vehicle as prescribed by the Passenger Vehicle Transport Service Act has been exceeded; |
4. | Where the licence, registration, authorization, or report has been declared invalid or cancelled under the Passenger Transport Service Act and the Trucking Transport Business Act; |
5. | Where it is impracticable to restore the functions of the motor vehicle which has been destroyed by a natural disaster, traffic accident, or fire; |
6. | Where a motor vehicle is exported; |
7. | Where it is deemed that there remains no market value in terms of the criteria prescribed by Presidential Decree, such as the vehicle age, among the motor vehicles for which no succeeding procedures for compulsory execution have been performed even after the completion of a seizure registration made under Article 14. In such cases, where the Mayor/Do Governor accepts a request for registration of cancellation from the owner of the relevant motor vehicle, he or she shall promptly notify such fact to the court or the administrative office delegating such seizure registration, and the interested parties entered in the motor vehicle register; |
8. | Where a motor vehicle falls under any ground prescribed by Presidential Decree, such as use for the purpose of education or research. |
(2) | In cases falling under paragraph (1) 1, a motor vehicle scrapping business entity, and in cases falling under paragraph (1) 6, a person who exports motor vehicles shall file an application for registration of cancellation, respectively, in lieu of the owner of the relevant motor vehicle: Provided, That the foregoing shall not apply where the owner of a motor vehicle files an application for registration of cancellation in person, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | The Mayor/Do Governor may, ex officio, file an application for registration of cancellation in any of the following cases: <Amended by Act No. 13486, Aug. 11, 2015> |
1. | Where a person liable to file an application for registration of cancellation prescribed in paragraphs (1) and (2) fails to do so; |
2. | Where the chassis of a motor vehicle (referring to the motor vehicle body for a motor vehicle with no chassis; hereinafter the same shall apply) is different from the one recorded in the register; |
3. | Where a person continues to operate the motor vehicle, despite the order to suspend operation of a motor vehicle pursuant to Article 24-2 (2); |
4. | Where a motor vehicle is scrapped under Article 26; |
5. | Where the registration has been made by fraud or other wrongful means. |
(4) | Where the Mayor/Do Governor intends to file an application for registration of cancellation, ex officio, prescribed in paragraph (3), he or she shall give the registered owner of the motor vehicle and interested person a notification, stating the ground for and the scheduled date of the registration of cancellation, by no later than one month before the registration of cancellation: Provided, That the foregoing shall not apply where the appropriate owner of the motor vehicle and the interested person agree on the registration of cancellation for the motor vehicle or in cases falling under paragraph (1) 3, 5 or (3) 4. <Amended by Act No. 13486, Aug. 11, 2015> |
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(5) | Where the Mayor/Do Governor has, ex officio, filed an application for registration of cancellation for a motor vehicle prescribed in paragraph (3), he or she shall notify the person who owned the motor vehicle thereof. In such cases, the other party, in receipt of the notification, shall without delay return the motor vehicle registration certificate, the registration license plate, and the seal of the relevant motor vehicle, except under special circumstances prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(6) | Where the Mayor/Do Governor has filed an application for registration of cancellation, ex officio, under paragraph (3), he or she may detain or abolish the motor vehicle registration certificate, the registration license plate, and the seal of the relevant motor vehicle after giving notification prescribed in paragraph (4). |
(7) | Where the owner of a motor vehicle falls under any of the following subparagraphs, he or she may file an application for registration of cancellation with the Mayor/Do Governor, as prescribed by Presidential Decree: <Amended by Act No. 13686, Dec. 29, 2015> |
1. | Where he or she has his or her motor vehicle stolen; |
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2. | Where he or she has his or her motor vehicle embezzled. |
(8) | A person who has filed an application for registration of cancellation under paragraph (1) 6 (referring to a person who applied for registration of cancellation pursuant to paragraph (2), where the owner of a motor vehicle did not make an export) shall report to the Mayor/Do Governor on whether or not he or she has made an export, as prescribed by Presidential Decree. In such cases, where he or she has failed to export the relevant motor vehicle, he or she may request a motor vehicle scrapping business entity to scrap a motor vehicle or apply for new registration made under Article 8. <Amended by Act No. 10721, May 24, 2011> |
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(9) | A person who is interested in a motor vehicle for which the registration of cancellation has been filed may apply for the issuance of a certificate proving the registration of cancellation to the Mayor/Do Governor. |
(10) | Where a person intends to re-register a motor vehicle for which the registration of cancellation has been made, he or she shall apply for new registration, as prescribed by Presidential Decree. In such cases, if a right of mortgage, etc. was registered in the register as at the time of the aforementioned registration of cancellation, he or she shall prove, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, that the relevant right of mortgage, etc. has been dissolved. <Amended by Act No. 12472, Mar. 18, 2014> |
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(11) | Where the Mayor/Do Governor can verify, by checking through the electronic information processing organization prescribed in Article 69 or by jointly utilizing administrative information prescribed in Article 36 (1) of the Electronic Government Act, whether or not exporting motor vehicles is performed, a person who has filed his or her application for de-registration pursuant to paragraph (8) shall be deemed to have reported to the Mayor/Do Governor concerning whether or not the aforementioned exportation of motor vehicles is performed. <Newly Inserted by Act No. 13933, Jan. 28, 2016> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 14 (Registration for Seizure) | |
In any of the following cases, the Mayor/Do Governor shall file for registration for seizure in the register of the relevant motor vehicle, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 10219, Mar. 31, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan 6, 2015; Act No. 14476, Dec. 27, 2016>
1. | Where a request is made to register seizure from a court prescribed in the Civil Execution Act; |
2. | Where a request is made to register seizure from an administrative agency prescribed in the National Tax Collection Act or the Local Tax Collection Act; |
3. | Where the public institution prescribed in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institution”) has entrusted the affairs of the registration for seizure. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 14-2 (Affairs to Be Processed for Release of Seizure) | |
(1) | The administrative or public institution which has entrusted the affairs of registration of seizure in accordance with subparagraph 2 or 3 of Article 14 (hereinafter referred to as “institution entrusting registration of seizure”) may authorize the Minister of Land, Infrastructure and Transport to conduct, on behalf of the institution entrusting registration of seizure, the affairs of receipt, settlement, entrustment of revocation of seizure with respect to the amount of State tax, local tax and administrative fines, etc. in arrears and other affairs to be processed for release of seizure. |
(2) | Where the Minister of Land, Infrastructure and Transport has conducted de-registration of seizure, he or she shall notify the institution entrusting registration of seizure and the Mayor/Do Governor as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
Article 14-3 (De-Registration of Seizure) | |
The Mayor/Do Governor in receipt of the notification pursuant to Article 14-2 (2) shall conduct de-registration of the seizure with respect to the relevant motor vehicle as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
Article 15 Deleted. <by Act No. 5968, Apr. 15, 1999> | |
Article 16 (Assignment of Motor Vehicle Registration Numbers) | |
Where new registration for a motor vehicle has been filed, the Mayor/Do Governor shall assign a registration number to the relevant motor vehicle (hereinafter referred to as "registration number"), and in cases as prescribed by Presidential Decree, such as the change of usage, etc. occurs, the Mayor/Do Governor shall change and assign the registration number.
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 17 Deleted. <by Act No. 5968, Apr. 15, 1999> | |
Article 18 (Placement of Motor Vehicle Registration Certificate) | |
(1) | Deleted. <by Act No. 13486, Aug. 11, 2015> |
(2) | Where a motor vehicle registration certificate is lost or indiscernible, a motor vehicle owner shall file an application for reissuance. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 19 (Issuance of Registration License Plates) | |
The methods of manufacturing, issuing, and sealing registration license plates under Article 10 shall be set forth in Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 20 (Designation of Registration License Plate Issuance Agents) | |
(1) | If deemed necessary, the Mayor/Do Governor may designate an agent who handles as proxy such matters as the manufacture, issuance and seal of registration license plates under Article 19 (hereinafter referred to as "registration license plate issuance agent"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the method of designating agents and the agency period may be prescribed by ordinance of the relevant local government. <Amended by Act No. 9867, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
(2) | Standards for facilities, equipment, etc. the registration license plate issuance agents need to have, and procedures for designation of such agents, and other necessary matters, shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Registration license plate issuance agents may collect a fee for issuance and seal of registration license plates, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | In the case of managing a convexity for manufacturing motor vehicle registration license plate, registration license plate issuance agents shall take necessary safety measures to prevent the theft of the relevant convexity, and shall not take out the respective convexity. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 21 (Cancellation of Designation as Registration License Plate Issuance Agents) | |
(1) | Where a registration license plate issuance agent falls under any of the following cases, the Mayor/Do Governor may cancel the designation of such agent or order the suspension of business for a period not exceeding six months: Provided, That the Mayor/Do Governor shall cancel the designation in cases falling under subparagraph 1 or 10: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Where he or she has been designated by fraud or other wrongful means; |
2. | Where he or she has failed to meet any of the standards for facilities, equipment, etc. referred to in Article 20 (2); |
3. | Where a convexity for manufacturing motor vehicle registration license plate is stolen or taken out, in violation of Article 20 (4); |
4. | Where he or she has failed to report under Article 72 (1), or files a report; |
5. | Where he or she has refused, interfered with or evaded an inspection under Article 72 (2), or failed to reply to questions or replied by falsity; |
6. | Where he or she accepted unjust enrichment or engaged in other unlawful conduct in relation to his or her business; |
7. | Where it is deemed impossible for him or her to continue the business due to such causes as bad financial status; |
8. | Where he or she refuses the issuance or seal of a registration license plate without justifiable grounds; |
9. | Where he or she manufactures and delivers a registration license plate, in violation of the standards concerning specification, such as the type, quality of the material, or color of a registration license plate, as publicly notified by the Minister of Land, Infrastructure and Transport; |
10. | Where he or she has operated the business during the suspension period, in violation of an order to suspend business issued under this Article. |
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(2) | Detailed standards and procedures for taking dispositions under paragraph (1), and other necessary matters, shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 22 (Mark of Identification Numbers of Motor Vehicles) | |
(1) | The identification number or the engine model shall be marked in a motor vehicle in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | No person shall mark the identification number or engine model of a motor vehicle, except a person who engages in the business of manufacturing or assembling motor vehicles or engines, or a person designated by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 23 (Prohibition on Erasing Marks) | |
(1) | No one shall erase a mark of the identification number or the engine model of a motor vehicle, nor make it indiscernible: Provided, That the foregoing shall not apply where approval has been obtained from the Minister of Land, Infrastructure and Transport due to an unavoidable reason and where an order has been issued under paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Where a motor vehicle falls under any of the following cases, the Minister of Land, Infrastructure and Transport may order its owner to erase a mark of the identification number or engine model number or order to have it marked: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Where a vehicle has no mark of the identification number or engine model number, or the marking method and its system are not in compliance with Article 22 (1); |
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2. | Where a mark of the identification number or engine model number of a motor vehicle is similar to that of another motor vehicle; |
3. | Where a mark of the identification number or of the engine model number of a motor vehicle is erased or indiscernible. |
(3) | Where a person intends to erase a mark or have it marked under the proviso to paragraph (1) and (2), he or she shall file an application therefor with a person who engages in the business of manufacturing or assembling motor vehicles or engines, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, or with a person designated by the Minister of Land, Infrastructure and Transport. In such cases, the expenses incurred therein may be collected from the owner of the motor vehicle in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(4) | Necessary procedures, etc. concerning approval and orders as prescribed in the proviso to paragraph (1) and paragraph (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 24 Deleted. <by Act No. 5968, Apr. 15, 1999> | |
Article 24-2 (Suspension of Operation of Motor Vehicles) | |
(1) | A motor vehicle shall be operated by the motor vehicle user as defined in subparagraph 3 of Article 2. |
(2) | Where a person who fails to satisfy the requirement under paragraph (1) operates a motor vehicle, without justifiable grounds, the Mayor/Do Governor or the head of a Si/Gun/Gu may order such person to suspend the operation of the relevant motor vehicle, with consent or at the request of either of the following persons: <Amended by Act No. 15402, Feb. 21, 2018> |
1. | Consent or request of the owner of the motor vehicle; |
2. | Request of the head of an investigation agency: Provided, That this shall only apply where the head of an investigation agency has confirmed the fact that a person other than a motor vehicle user defined in subparagraph 3 of Article 2 operated the motor vehicle. |
(3) | Where the Mayor/Do Governor or the head of a Si/Gun/Gu orders suspension of operation of a motor vehicle pursuant to paragraph (2), he or she shall perform the following: |
1. | Recording the disposition of suspension of the relevant motor vehicle’s operation in the register; |
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2. | Providing the police with the information about the relevant motor vehicle, such as its motor vehicle registration number and other data, which is necessary to prevent and investigate operation of suspended motor vehicles; |
3. | Where necessary, detaining the motor vehicle’s registration license plate and notifying it to the Mayor/Do Governor or the head of a Si/Gun/Gu and the motor vehicle owner; |
4. | Publicly notifying the motor vehicle registration number, reasons of suspension of operation and the data concerning the motor vehicle, etc. in the Official Gazette and on the website. |
(4) | With respect to the motor vehicle against which the Mayor/Do Governor or the head of a Si/Gun/Gu orders suspension of operation pursuant to paragraph (2), if necessary, the Mayor/Do Governor or the head of a Si/Gun/Gu may sell it by public auction to redeem the amount of collection in arrears. |
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(5) | Where a professional knowledge about the public auction under paragraph (4) is deemed necessary or a direct public auction is deemed inappropriate due to other extraordinary reasons, the Mayor/Do Governor or the head of a Si/Gun/Gu may authorize the Korea Asset Management Corporation established pursuant to the Act on the Efficient Disposal of Non-Performing Assets of Financial Institutions and the Establishment of Korea Asset Management Corporation to conduct the public auction as a proxy. In such cases, the public auction shall be deemed to have conducted by the Mayor/Do Governor or the head of a Si/Gun/Gu. |
(6) | Matters regarding the consent, request or order to suspend operation and the method of detaining a registration license plate pursuant to paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13486, Aug. 11, 2015]
Article 25 (Restrictions on Operation of Motor Vehicles) | |
(1) | If the Minister of Land, Infrastructure and Transport deems that any of the following causes or events occurs, he or she may order restrictions on the operation of motor vehicles in prior consultation with the Commissioner of the National Police Agency: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Coping with war, disaster, or other similar emergencies; |
2. | Preventing or resolving heavy traffic congestion; |
3. | Preventing air pollution or other grounds prescribed by Presidential Decree. |
(2) | If the Minister of Land, Infrastructure and Transport intends to restrict the operation of motor vehicles prescribed in paragraph (1), he or she shall publicly notify, after undergoing deliberation by a relevant cabinet meeting, the purpose, period, area, details of restrictions, types of target motor vehicles and other necessary matters in advance. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13686, Dec. 29, 2015> |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 26 (Compulsory Disposal of Motor Vehicles) | |
(1) | Any owner or possessor of a motor vehicle (including any item which has the shape similar to a motor vehicle; hereafter in this Article the same shall apply) shall not engage in any of the following conduct: |
1. | Fixing a motor vehicle on a certain place and using it for uses other than operation; |
2. | Leaving a motor vehicle unattended on the road continuously; |
3. | Leaving a motor vehicle unattended on another person's land without justifiable grounds. |
(2) | If the head of a Si/Gun/Gu determines that a case falls under any of the subparagraphs of paragraph (1), he or she shall issue an order or other disposition to the owner or possessor of a motor vehicle to scrap the motor vehicle, or order him or her to take appropriate measures, such as taking the relevant motor vehicle back, etc., as determined by Ordinance of the Ministry of Land, Infrastructure and Transport, after moving the relevant motor vehicle to a specific place. <Amended by Act No. 11690, Mar. 23, 2013> |
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(3) | Where the owner or possessor of a motor vehicle fails to comply with an order as prescribed in paragraph (2) or the owner or possessor of the relevant motor vehicle cannot be identified, the head of a Si/Gun/Gu may sell or scrap the motor vehicle, as prescribed by Presidential Decree. In such cases, the expenses incurred in selling or scrapping the motor vehicle may be collected from the owner or possessor of the relevant motor vehicle. |
(4) | In the case of having a motor vehicle sold or scrapped under paragraph (3), the balance, if any, after appropriating for the expenses incurred therein, shall be paid to the owner or possessor of the relevant motor vehicle: Provided, That where the owner or possessor of the motor vehicle cannot be identified, the balance shall be deposited under the Deposit Act. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 27 (Permission for Temporary Operation) | |
(1) | A person who intends to operate a motor vehicle temporarily without registering it shall obtain permission to temporarily operate a motor vehicle (hereinafter referred to as "temporary operation permission") from the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor, as prescribed by Presidential Decree: Provided, That a person who intends to operate an autonomous driving motor vehicle for the purposes of testing or research shall, in connection with the objects to be permitted, the devices for detecting and warning malfunction, devices for disabling various functions, areas for operating in and other matters the driver is to comply with, satisfy the requirements for safe operation as prescribed by Ordinance of the Minister of Land, Infrastructure and Transport; and shall obtain temporary operation permission from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13486, Aug. 11, 2015> |
(2) | Upon receipt of an application for temporary operation permission, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor shall grant permission and issue a temporary operation permit and a temporary operation permit license plate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a person requests for an one-day temporary operation permit by fixing a restricted operations area for export purposes and where he or she deems it necessary to allow the operation of a motor vehicle without a temporary operation permit license plate attached thereon, he or she need not issue the temporary operation permit license plate. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(3) | A motor vehicle for which temporary operation permission is granted shall be operated within the limit of the purpose and period of such permission, as the temporary operation permit and the temporary operation permit license plate (excluding cases falling under the proviso to paragraph (2)) imposed on it. <Amended by Act No. 10721, May 24, 2011> |
(4) | A person who has obtained temporary operation permission, when the period prescribed in paragraph (3) expires, shall return a temporary operation permit and temporary operation permit license plate within the period, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | A person who has obtained temporary operation permission under the proviso to paragraph (1) shall report to the Minister of Land, Infrastructure and Transport the matters specified by the Ordinance of the Ministry of Land, Infrastructure and Transport, including information on operation, such as changes in main systems and functions and operation records, and information on traffic accidents, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in order to ensure safe operation of autonomous driving motor vehicles. <Newly Inserted by Act No. 14950, Oct. 24, 2017> |
(6) | If necessary to verify a report submitted in accordance with paragraph (5), the Minister of Land, Infrastructure and Transport may authorize the person designated to conduct a performance test, as proxy, under Article 32 (3) to investigate such report. <Newly Inserted by Act No. 14950, Oct. 24, 2017> |
(7) | If, through an investigation conducted under paragraph (6), it is found that a motor vehicle fails to meet the requirements for safe operation prescribed in the proviso to paragraph (1) or that a motor vehicle is highly likely to cause a traffic accident, the Minister of Land, Infrastructure and Transport may issue an order to take corrective measures and temporarily suspend the operation of such motor vehicle: Provided, That if an autonomous driving motor vehicle causes a traffic accident while in operation and is found to have a safety defect, the Minister of Land, Infrastructure and Transport may immediately issue an order to temporarily suspend the operation of such motor vehicle. <Newly Inserted by Act No. 14950, Oct. 24, 2017> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 28 (Filing Objections) | |
(1) | A person dissatisfied with the registration of a motor vehicle undertaken by the Mayor/Do Governor may file an objection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Upon receipt of an objection filed under paragraph (1), the Mayor/Do Governor shall immediately correct it if he or she deems it reasonable. |
(3) | The Mayor/Do Governor, when he or she has made a correction as prescribed in paragraph (2) or he or she deems the objection unreasonable, shall without delay notify an applicant and an interested person who is recorded in the register thereof. |
(4) | A person dissatisfied with the registration of a motor vehicle may file a request for administrative appeal under the Administrative Appeals Act or institute an administrative litigation under the Administrative Litigation Act, regardless of whether an objection has been filed under paragraph (1). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
CHAPTER III SAFETY STANDARDS AND SELF AUTHENTICATION FOR MOTOR VEHICLES
Article 29 (Structure and Devices of Motor Vehicles) | |
(1) | If the structure and devices of a motor vehicle as prescribed by Presidential Decree fail to meet the performance requirements and standards required for safe operation (hereinafter referred to as "safety standards for motor vehicles"), the motor vehicle shall not be operated. |
(2) | Any parts, devices, or safety equipment, as prescribed by Presidential Decree, which is installed or used on a motor vehicle (hereinafter referred to as "motor vehicle parts") shall satisfy the performance requirements and standards required for safe operation (hereinafter referred to as "safety standards for parts"). |
(3) | The storage facilities, gas facilities, piping facilities and other using facilities of liquified petroleum gas to be installed, for the purposes of cooking and camping, in the motor vehicle or trailer for camping under Article 3 (1) 2 (c) shall be suitable for the Safety Control and Business of Liquefied Petroleum Gas Act; and the electronic facilities thereof shall comply with the standards for safety as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 13486, Aug. 11, 2015> |
(4) | The safety standards for motor vehicles and the safety standards for parts shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13486, Aug. 11, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 29-2 (Research and Development concerning Safety Standards) | |
(1) | The Minister of Land, Infrastructure and Transport may authorize a person designated as an agent for performance tests under Article 32 (3) (hereinafter referred to as "performance test agent") to perform research and development for safety standards for motor vehicles or parts thereof under Article 29 (1) and (2), safety standards for pressure-resistant containers under Article 35-5 (1), or safety-related technologies and to establish and operate a database for such research and development, if necessary. In such cases, the Minister of Land, Infrastructure and Transport shall subsidize such research and development and establishment and operation of a database, within budgetary limits. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 15321, Dec. 26, 2017> |
(2) | Deleted. <by Act No. 10721, May 24, 2011> |
[This Article Newly Inserted by Act No. 9449, Feb. 6, 2009]
Article 29-3 (Installation of Accident Recording Devices and Provision of Information) | |
(1) | Where any motor vehicle manufacturer, seller, etc. installs an accident recording device, he or she shall do so, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Where any motor vehicle manufacturer, seller, etc. sells a motor vehicle in which an accident recording device is installed pursuant to paragraph (1), he or she shall notify the buyer of the fact that the relevant motor vehicle is fitted with the accident recording device. |
(3) | Where an owner of a motor vehicle or other persons determined by Ordinance of the Ministry of Land, Infrastructure and Transport require recorded information, the motor vehicle manufacturer, seller, etc. who has installed an accident recording device pursuant to paragraph (1) shall provide each of the following information: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13933, Jan. 28, 2016> |
1. | Information recorded in the relevant motor vehicle’s accident recording device; |
2. | Where the information prescribed in subparagraph 1 is analyzed pursuant to this Act or other statutes or regulations, any reports on outcomes of the analysis. |
(4) | Matters regarding standards for installation of accident recording devices, notification of the installation of accident recording devices, methods of providing recorded information and the reports on outcomes of accident-analysis, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13933, Jan. 28, 2016> |
[This Article Newly Inserted by Act No. 11588, Dec. 18, 2012]
Article 30 (Self Authentication of Motor Vehicles) | |
(1) | A person who intends to manufacture, assemble or import (hereinafter referred to as "manufacture, etc.") a motor vehicle (including the incomplete motor vehicle and the motor vehicle manufactured by phase; The same shall apply in this Article, Articles 30-2 through 30-5, 31, 31-2, 32, 32-2 and 33) shall self-authenticate (hereinafter referred to as "self authentication of motor vehicles") that the model of the relevant motor vehicle meets the safety standards for motor vehicles (in cases of an incomplete motor vehicle or a motor vehicle manufactured by phase, referring to the safety standards for motor vehicles to be applied as at the time when a manufacture, etc. concerned is finished), as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13686, Dec. 29, 2015> |
(2) | A person who intends to make a self authentication of motor vehicles shall register facilities for the manufacture, testing, or inspection of motor vehicles, etc. with the Minister of Land, Infrastructure and Transport, as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply to any modification to important matters determined by Ordinance of the Ministry of Land, Infrastructure and Transport, of the registered matters. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | A motor vehicle manufacturer, etc. who has failed to satisfy the requirements for self authentication determined by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the scale of manufacture, test facilities for safety and performance, etc., of the persons who have made a registration prescribed in paragraph (2) (hereinafter referred to as "motor vehicle manufacturer, etc."), shall perform the self-authentication of motor vehicles on the matters directly related to the safe operation of motor vehicles, which are determined by Ordinance of the Ministry of Land, Infrastructure and Transport, by undergoing technology review and safety inspections from the performance test agent: Provided, That the motor vehicle manufacturer, etc. who is equipped with test facilities for safety among the requirements for self authentication capabilities may directly conduct a safety inspection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(4) | Where a motor vehicle manufacturer, etc. has performed the self authentication of motor vehicles prescribed in paragraph (1) or (3), he or she shall notify the dimension of the motor vehicle to the performance test agent, and put the mark of self authentication of motor vehicles on the relevant motor vehicle, as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | With regard to the manufactured/assembled motor vehicles with their number of production not more than the number prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, a motor vehicle manufacturer/assembler may, despite the safety standards for motor vehicles prescribed in paragraph (1), conduct the self authentication of motor vehicles in the method of safety-checking, the level of which is similar to the aforementioned safety standards for motor vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the motor vehicle manufacturer/assembler shall conduct the self authentication of motor vehicles after undergoing the technology review and safety inspections conducted under paragraph (3). <Newly Inserted by Act No. 13686, Dec. 29, 2015> |
(6) | Where the Minister of Land, Infrastructure and Transport verifies that the facilities for the manufacture, testing, or inspection of motor vehicles registered under paragraph (2) are different from the details registered, he or she may cancel the relevant registration or order modification to matters registered. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 30-2 (Self Authentication of Motor Vehicle Parts) | |
(1) | A person who manufactures, assembles, or imports motor vehicle parts (hereinafter referred to as "part manufacturer, etc.") shall authenticate (hereinafter referred to as "self authentication of parts") that the relevant motor vehicle parts satisfy the safety standards for parts, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | A part manufacturer, etc. shall register the name of the part manufacturer, type of the motor vehicle part, etc. with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply to any modification to important matters determined by Ordinance of the Ministry of Land, Infrastructure and Transport, of the registered matters. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Where any part manufacturer, etc. has performed self authentication of parts, he or she shall notify the performance test agent of the dimensions of parts, and place the mark of self authentication of parts on the relevant automobile part, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | Where the Minister of Land, Infrastructure and Transport confirms that the name of the part manufacturer, type of the motor vehicle parts, etc. registered under paragraph (2) are different from the details of the registration, he or she may revoke such registration or order modification to the matters registered. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | Where a motor vehicle manufacturer, etc. has performed self authentication of a motor vehicle pursuant to Article 30 (1), the motor vehicle parts installed on the relevant motor vehicle shall be deemed to have undergone self authentication of parts. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 30-3 (Suspension of Manufacture or Sale of Motor Vehicles or Motor Vehicle Parts) | |
(1) | Where any motor vehicle manufacturer, etc. or part manufacturer, etc. or manufacturer, etc. of replacement parts the efficiency and quality of which have been authenticated under Article 30-5 (3) falls under any of the following, the Minister of Land, Infrastructure and Transport may issue an order to suspend the manufacture, assembly, import, or sale of the relevant motor vehicles or motor vehicle parts: Provided, That the manufacture, assembly, import, or sale shall be suspended in cases falling under subparagraph 1: <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014; Act No. 14950, Oct. 24, 2017> |
1. | Where he or she has performed self authentication of motor vehicles, self authentication of motor vehicle parts or authentication of the efficiency and quality of replacement parts or has obtained authentication for efficiency and quality of replacement parts, by fraud or other improper means; |
2. | Where he or she has performed self authentication of motor vehicles not in compliance with the safety standards for motor vehicles, in violation of Article 30; |
3. | Where he or she has performed self authentication of motor vehicle parts not in compliance with the safety standards for parts, in violation of Article 30-2 (1); |
3-2. | Where he or she has manufactured, assembled, or imported motor vehicle parts without making registration of the part manufacturer’s name, types of the motor vehicle parts, etc., in violation of Article 30-2 (2); |
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3-3. | Where he or she has failed to satisfy the standards for authentication of the efficiency and quality of replacement parts prescribed in Article 30-5 (5); |
4. | Where he or she has failed to comply with a corrective order issued under the main sentence of Article 31 (3); |
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5. | Where he or she has sold a motor vehicle which is manufactured differently from the details of self authentication of motor vehicles; |
6. | Where he or she has sold a motor vehicle part which is different from the details of self authentication of parts; |
7. | Where he or she has sold the replacement parts different from the authorized replacement parts. |
(2) | In order to confirm whether a motor vehicle manufacturer, etc. or part manufacturer, etc. falls under any of the subparagraphs of paragraph (1), the Minister of Land, Infrastructure and Transport may have a performance test agent conduct the investigation of such fact. In such cases, the Minister of Land, Infrastructure and Transport shall subsidize the expenses incurred in such investigation. <Amended by Act No. 11690, Mar. 23, 2013> |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 30-4 (Exemption from Self Authentication of Motor Vehicles) | |
In any of the following cases, the Minister of Land, Infrastructure and Transport may exempt the self authentication of motor vehicle, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. | Where an approval for import is exempted pursuant to the Foreign Trade Act, for a motor vehicle which is imported by bringing in as one's property from moving residency; |
2. | Where a motor vehicle, which falls under subparagraphs 1 through 3 of Article 70, is imported as has been domestically operated; |
3. | Where a motor vehicle is imported as are used in the U.S. armed forces stationed in the Republic of Korea pursuant to the Act on Temporary Special Cases concerning the Customs Act Following the Implementation of the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United Stated of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea; |
4. | Where the Government, a local government, a motor vehicle manufacturer, or a test and research institute manufactures motor vehicles, etc. for testing or research purposes, or in other cases falling under an event or cause determined by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 30-5 (Authentication of Efficiency and Quality of Replacement Parts) | |
(1) | Replacement part means a part that can be used in replacement of a part installed in a motor vehicle released by a motor vehicle manufacturer. <Amended by Act No. 14950, Oct. 24, 2017> |
(2) | Among the replacement parts, those parts that are subject to authorization shall be all parts other than those self-authenticated pursuant to Article 30-2 (1). |
(3) | The Minister of Land, Infrastructure and Transport may designate a person who meets the standards prescribed by Ordinance of the Minister of Land, Infrastructure and Transport to authorize the person to authenticate the efficiency and quality of replacement parts. <Amended by Act No. 14950, Oct. 24, 2017> |
(4) | A manufacturer, etc. of replacement parts the efficiency and quality of which have been authenticated (hereinafter referred to as "authenticated replacement parts") by a person designated under paragraph (3) to authenticate the efficiency and quality of replacement parts (hereinafter referred to as "agency authenticating replacement parts") may indicate such authentication in the relevant replacement parts. <Amended by Act No. 14950, Oct. 24, 2017; Act No. 15681, Jun. 12, 2018> |
(5) | Matters regarding the procedures for designating the agency authenticating replacement parts under paragraph (3), and the standards and methods for authenticating the efficiency and quality of replacement parts and indication, etc. of authentication under paragraph (4) shall be prescribed by Ordinance of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 14950, Oct. 24, 2017> |
[This Article Newly Inserted by Act No. 12217, Jan. 7, 2014]
Article 30-6 (Revocation of Designation of Agencies Authenticating Replacement Parts) | |
(1) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of an agency authenticating replacement parts; or may order an agency authenticating replacement parts to suspend his or her business operations for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 2, the designation shall be revoked: |
1. | Where a person has obtained designation as an agency authenticating replacement parts by fraud or other improper means; |
2. | Where an agency authenticating replacement parts authenticates the efficiency and quality of replacement parts by fraud or other improper means; |
3. | Where an agency authenticating replacement parts ceases to meet the standards for designating agencies authenticating replacement parts under Article 30-5(3); |
4. | Where an agency authenticating replacement parts authenticates replacement parts not conforming to the standards for the authentication of efficiency and quality prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 30-5 (5); |
5. | Where an agency authenticating replacement parts fails to submit a report under Article 72 (1) or submits a false report; |
6. | Where an agency authenticating replacement parts refuses, interferes with, or evades an inspection under Article 72 (2); fails to answer a question; or gives a false answer to any question; |
7. | Where an agency authenticating replacement parts fails to observe any other rule prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding the authentication of replacement parts. |
(2) | Detailed guidelines for the measures referred to in paragraph (1) and matters regarding the procedures for taking such measures, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
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[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 31 (Correction of Manufacturing Defects) | |
(1) | Where any motor vehicles or motor vehicle parts manufactured by a motor vehicle manufacturer, etc. or a motor vehicle parts manufacturer, etc. (only applicable where motor vehicle parts are sold separately from motor vehicles; hereafter the same shall apply in this Article, Articles 31-2 and 33) have such defects as failing to meet the safety standards for motor vehicles or safety standards for parts, or as hampering safe operations, the motor vehicle manufacturer, etc. or part manufacturer, etc. shall, from the date of acknowledging the facts, disclose such defect by mail, text message using a mobile phone, etc. without delay, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, so that the motor vehicle owners can be clearly aware of the facts and plans for corrective measures accordingly, and shall take corrective measures: Provided, That with respect to any of the following defects from among the safety standards for motor vehicles or motor vehicle parts, economic compensation may be made in lieu of the aforesaid corrective measures: <Amended by Act No. 9867, Dec. 29, 2009; Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan. 6, 2015; Act No. 13686, Dec. 29, 2015; Act No. 14546, Jan. 17, 2017> |
1. | Indication of the fuel consumption rate excessively higher than the actual rate; |
2. | Indication of the rated power of engine excessively higher than the actual power; |
3. | Other cases similar to those prescribed in subparagraphs 1 and 2, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(2) | The relevant motor vehicle manufacturer, etc. or part manufacturer, etc. who intends to make an economic compensation in lieu of corrective measures in accordance with the proviso to paragraph (1) shall submit a plan for economic compensation to the Minister of Land, Infrastructure and Transport. <Newly Inserted by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
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(3) | The Minister of Land, Infrastructure and Transport shall issue an order of correction to a motor vehicle manufacturer, etc. or part manufacturer, etc. who fails to publicize such defect or take corrective measures under the main sentence of paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a plan for economic compensation is submitted in accordance with paragraph (2), and matters not in compliance with the safety standards for motor vehicles or motor vehicle parts are deemed the defects referred to in the proviso to paragraph (1), he or she may not issue an order of correction, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan. 6, 2015> |
(4) | Where it is necessary to verify whether a motor vehicle or a motor vehicle part manufactured, etc. has any defect, the Minister of Land, Infrastructure and Transport may have a performance test agent investigate it. In such cases, the Minister of Land, Infrastructure and Transport shall subsidize the expenses incurred in relation to the facilities and equipment required for the investigation and the investigation, etc. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(5) | When a motor vehicle manufacturer, etc. or part manufacturer, etc. takes corrective measures or makes economic compensation pursuant to paragraph (1) or (3), he or she shall file a report on the plan for corrective measures, economic compensation and the status of progresses with the Minister of Land, Infrastructure and Transport, as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(6) | Where a motor vehicle manufacturer, etc. or a part manufacturer, etc. notifies a motor vehicle owner of any facts on defective motor vehicles or motor vehicle parts and his or her plan for corrective measures in accordance with paragraph (1), he or she shall have a performance test agent make the notification on his or her behalf. In such cases, the motor vehicle manufacturer, etc. or part manufacturer, etc. shall bear the costs actually incurred in making such notification. <Newly Inserted by Act No. 14546, Jan. 17, 2017> |
(7) | Where a performance test agent makes a notification to a motor vehicle owner in accordance with paragraph (6), the performance test agent may request the Minister of Land, Infrastructure and Transport to provide him or her with information on the motor vehicle owner. <Newly Inserted by Act No. 14546, Jan. 17, 2017> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 31-2 (Compensation for Motor Vehicle Owners Who Made Self-Correction) | |
(1) | Any motor vehicle manufacturer, etc. or part manufacturer, etc. shall compensate for the expenses of correction to any of the following persons: <Amended by Act No. 10721, May 24, 2011; Act No. 14546, Jan. 17, 2017> |
1. | Any motor vehicle owner who has corrected a defect after the date earlier between the date of one year before the date the motor vehicle manufacturer, etc. or part manufacturer, etc. publicizes the defect pursuant to the main bodies of Article 31 (1) and (3) and the date of commencing the investigation pursuant to Article 30-3 (2) or Article 31 (4) (including a person who was the previous motor vehicle owner and has corrected the defect during the period of possession); |
2. | Any motor vehicle owner who has corrected a defect after the motor vehicle manufacturer, etc. or the part manufacturer, etc. publicized the defect pursuant to the main sentences of Article 31 (1) and (3). |
(2) | Matters necessary for the standards for calculating the compensation prescribed in paragraph (1), the date for compensation payment, the procedures for applying for compensation payment, and other matters related to the compensation payment shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 32 (Mutual Authentication between Countries on Parts) | |
(1) | Where a motor vehicle manufacturer, etc. or a part manufacturer, etc. requests authentication of parts or devices used on motor vehicles for the reciprocal authentication between countries, the Minister of Land, Infrastructure and Transport may grant authentication after performing tests on safety and performance of such parts or devices (hereinafter referred to as "performance test"). <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Where a part or device of a motor vehicle authenticated under paragraph (1) fails to satisfy the standards prescribed by the mutual treaty of authentication between countries or becomes no longer attaining the performance level at the time of authentication, the Minister of Land, Infrastructure and Transport shall revoke the authentication. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | The Minister of Land, Infrastructure and Transport may allow a person designated by the Minister of Land, Infrastructure and Transport and satisfying the designation criteria determined by Ordinance of the Ministry of Land, Infrastructure and Transport to conduct performance tests, as proxy. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | Where a performance test agent has conducted a performance test, he or she shall prepare the evaluation results and submit them to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | Where as otherwise prescribed in the mutual treaty of authentication between the States on the authentication procedures, etc. in connection with the authentication of parts or devices to be used in motor vehicles, it shall be governed by the provisions of the treaty, notwithstanding the provisions of paragraphs (1) though (4). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 32-2 (Post Management on Motor Vehicles with Self Authentication) | |
(1) | Where any motor vehicle manufacturer, etc. has sold a motor vehicle after self authentication, he or she shall ensure the securement of necessary facilities and skilled technicians and take the following measures (hereafter in this Article referred to as "post management"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11929, Jul. 16, 2013; Act No. 12986, Jan. 6, 2015; Act No. 14546, Jan. 17, 2017; Act No. 14939, Oct. 24, 2017> |
1. | Gratuitously repairing any defect that occurs during the period or travelling distance determined by Ordinance of the Ministry of Land, Infrastructure and Transport; |
2. | Supplying parts necessary for the maintenance of motor vehicles until the period determined by Ordinance of the Ministry of Land, Infrastructure and Transport; |
3. | Providing the motor vehicle maintenance business entity who is registered pursuant to Article 53 with the technical guidelines and education that are necessary for the inspection, maintenance, and testing of motor vehicles. In such cases, the target trainees and methods of providing technical guidelines and education, types and methods of providing equipment/materials for maintenance and other matters necessary therefor shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport; |
3-2. | Gratuitously providing the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority") with a maintenance manual, a material for manufacturing a diagnostic apparatus to be used for detecting malfunctioning motor vehicles and other materials necessary for the motor vehicle inspection conducted under Article 43 and the comprehensive motor vehicle inspection conducted under Article 43-2. In such cases, types of the materials to be gratuitously provided shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
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4. | Publishing the price data of motor vehicle parts on its official website: In such cases, matters necessary for the publication of price data of motor vehicle parts, such as objects of publication, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(2) | Any motor vehicle manufacturer, etc. may have the person registered as a motor vehicle maintenance business among motor vehicle management business under Article 53, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, perform the gratuitous repair under paragraph (1) 1 on his or her behalf. <Amended by Act No. 11690, Mar. 23, 2013> |
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(3) | Where a motor vehicle manufacturer, etc. conducts a gratuitous repair pursuant to paragraph (1) 1, he or she shall not refuse the repair on the ground that the authenticated replacement parts and the replacement parts authenticated in accordance with Article 34-2 for tuning were used: Provided, That this shall not apply where the motor vehicle manufacturer, etc. proves that the use of the replacement part or the part for tuning caused malfunction of the motor vehicle. <Newly Inserted by Act No. 13686, Dec. 29, 2015; Act No. 15681, Jun. 12, 2018> |
(4) | Where a motor vehicle manufacturer, etc. conducts a gratuitous repair of a motor vehicle pursuant to paragraph (1) 1, due to any of the causes specified by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a defect originated from the manufacturing process, the motor vehicle manufacturer, etc. shall inform the owner of the motor vehicle of the details of such defect and a plan for gratuitous repair by mail, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, so that the owner of the motor vehicle can become aware of the details of the defect and the plan for gratuitous repair. <Newly Inserted by Act No. 15321, Dec. 26, 2017> |
(5) | Where a motor vehicle manufacturer, etc. fails to perform the duty of post management (including where a person who performs the gratuitous repair prescribed in paragraph (2) as agent fails to perform the duty of the gratuitous repair), the Minister of Land, Infrastructure and Transport may order the motor vehicle manufacturer, etc. to perform such duty. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13686, Dec. 29, 2015; Act No. 15321, Dec. 26, 2017> |
[This Article Newly Inserted by Act No. 9449, Feb. 6, 2009]
Article 33 (Provision of Data on Motor Vehicles or Motor Vehicle Parts) | |
(1) | Where any motor vehicle manufacturer, etc. or part manufacturer, etc. sells motor vehicles or motor vehicle parts, he or she shall provide purchasers with the data on the model and use, etc. of said motor vehicles or motor vehicle parts, as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Any motor vehicle manufacturer, etc. or part manufacturer, etc. shall record and preserve the data on the details of purchasers, etc. which are required for the investigation conducted under Article 30-3 (2) or the correction of defects prescribed in the main sentences of Article 31 (1), (3) and (4), as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(3) | Any motor vehicle manufacturer, etc. or part manufacturer, etc. shall submit the following data to the Minister of Land, Infrastructure and Transport, as determined by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11929, Jul. 16, 2013; Act No. 14546, Jan. 17, 2017> |
1. | Details of correction of manufacturing defects of motor vehicles or motor vehicle parts exported; |
2. | Details of correction of manufacturing defects which has been made abroad, in the same type of motor vehicles or motor vehicle parts imported; |
3. | Details of gratuitous inspections and repairs by the manufacturer, which have been implemented for a motor vehicle owner; |
4. | Technical information data exchanged with a motor vehicle maintenance business entity who has made a registration pursuant to Article 53 for the purposes of exchange or gratuitous maintenance, etc. in connection with defective or incomplete motor vehicles or motor vehicle parts; |
5. | Technical analysis data concerning the motor vehicle fire and accident investigated internally or upon request of a third party. |
(4) | Where a motor vehicle manufacturer, etc. sells an incomplete motor vehicle, he or she shall provide another motor vehicle manufacturer, etc. who purchases the incomplete motor vehicle with the information, such as whether or not the incomplete motor vehicle satisfies its safety standards. <Newly Inserted by Act No. 13686, Dec. 29, 2015> |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 33-2 (Evaluation on Safety of Motor Vehicles) | |
(1) | The Minister of Land, Infrastructure and Transport shall evaluate the safety of the motor vehicles sold by motor vehicle manufacturers, etc. as determined by Ordinance of the Ministry of Land, Infrastructure and Transport, in order to provide consumers with data on the level of safety of motor vehicles and to encourage manufacturing of motor vehicles with higher level of safety, and publicize the results thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The Minister of Land, Infrastructure and Transport may require a performance test agent to perform evaluations under paragraph (1). In such cases, the Minister shall subsidize the expenses associated with the facilities, equipment, and tests for such evaluation. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 33-3 (Management of Indoor Air Quality of Newly Manufactured Motor Vehicles) | |
(1) | The Minister of Land, Infrastructure and Transport may determine and publicly notify guidelines for indoor air quality management of newly manufactured motor vehicles, etc. sold by motor vehicle manufacturers or sellers, etc., and other necessary matters. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The Minister of Land, Infrastructure and Transport may investigate and publicly announce the indoor air quality of newly manufactured motor vehicles in pursuance of paragraph (1) and provide necessary recommendations for the management of the motor vehicles to the motor vehicle manufacturers or sellers, etc in regards to the findings of the investigation. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | If deemed necessary for the management of the indoor air quality of newly manufactured motor vehicles, the Minister of Land, Infrastructure and Transport may require motor vehicle manufacturers or sellers, etc. to submit necessary reports or data. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11588, Dec. 18, 2012]
Article 34 (Tuning of Motor Vehicles) | |
(1) | Where the owner of a motor vehicle intends to make tuning with respect to the items as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the owner of the relevant motor vehicle shall obtain approval from the head of a Si/Gun/Gu. |
(2) | A person who is approved of tuning pursuant to paragraph (1) shall receive the tuning service to be done by a motor vehicle maintenance business entity or by the motor vehicle manufacturer, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the scope of tuning services to be conducted by the motor vehicle manufacturer, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 13486, Aug. 11, 2015> |
(3) | Matters concerning the standards and procedures for approval of the items that require approval pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. Act No. 13486, Aug. 11, 2015> |
[This Article Wholly Amended by Act No. 12217, Jan. 7, 2014]
Article 34-2 (Ensuring Safety of Tuned Motor Vehicles) | |
(1) | The Minister of Land, Infrastructure and Transport may enforce each of the following in order to ensure the safety of tuned motor vehicles: |
1. | Investigation/research and development of equipment in order to ensure safety of the tuned motor vehicles; |
2. | Adoption of a system for authentication of motor vehicle parts for tuning; |
3. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary. |
(2) | Matters necessary for adopting the authentication system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
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[This Article Newly Inserted by Act No. 12217, Jan. 7, 2014]
Article 35 (Prohibition on Unauthorized Dismantlement or Manipulation of Motor Vehicles) | |
No person shall dismantle or manipulate (limited to where a device restricting the maximum speed of a motor vehicle is manipulated) any of the devices specified by Ordinance of the Ministry of Land, Infrastructure and Transport from a motor vehicle, except in the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014; Act No. 15321, Dec. 26, 2017>
1. | Where he or she intends to conduct the inspection or maintenance of the motor vehicle or to make tuning; |
2. | Where he or she intends to conduct automobile scrapping; |
3. | Where it is to be used for educational and research purposes, or falls within a cause prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
CHAPTER III-2 SPECIAL CASES CONCERNING LOW SPEED ELECTRIC MOTOR VEHICLES
Article 35-2 (Safety Standards for Low Speed Electric Motor Vehicles) | |
The Minister of Land, Infrastructure and Transport may prescribe separate safety standards for motor vehicles under Article 29 (1) for a motor vehicle which does not exceed the maximum speed and gross weight determined by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "low speed electric motor vehicle"), of the electric motor vehicles which use electric energy as their power source. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9867, Dec. 29, 2009]
Article 35-3 (Designation of Areas for Operation of Low Speed Electric Motor Vehicles) | |
(1) | At his or her discretion or at the request of a person who intends to operate a low speed electric motor vehicle, the head of a Si/Gun/Gu may designate an area for operation of a low speed electric motor vehicle (hereinafter referred to as "operation area"), or may modify or revoke such designation from among roads where permissible maximum speed is 60 kilometers per hour after consultation with the relevant chief of police in light of traffic safety and flow: Provided, That, considering the progressive direction of the low speed electric motor vehicle, where passage of the low speed electric motor vehicle is deemed impossible in certain section of an area without driving through a road where permissible maximum speed is more than 60 kilometers per hour, the head of a Si/Gun/Gu may designate, among those roads where permissible maximum speed is 80 kilometers per hour, the shortest road necessary for passing the aforementioned section as the operation area thereof. <Amended by Act No. 13486, Aug. 11, 2015> |
(2) | A low speed electric motor vehicle shall not be operated on a road other than an operation area: Provided, That where the inspection, test, etc. of a low speed electric motor vehicle is prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such motor vehicle may be operated with permission from the head of a Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Matters necessary for the designation of an operation area and application for operation of a low speed electric motor vehicle shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 9867, Dec. 29, 2009]
Article 35-4 (Public Notice of Operation Areas) | |
(1) | The head of a Si/Gun/Gu who designates, modifies, or revokes an operation area (hereinafter referred to as "designating authority") shall publicly notify the following matters, and in such cases, the details thereof shall be made available for the public's perusal in advance. The application of subparagraph 1 shall be limited to revocation of an operation area: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Location of an operation area and section of the road thereof; |
2. | Matters concerning traffic safety, such as installation of a safety sign; |
3. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(2) | Where the designating authority publicly notifies an operation area, it shall notify the Minister of Land, Infrastructure and Transport of the details thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
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(3) | The designating authority may install the following facilities for a motor vehicle operator to easily recognize an operation area: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | A road sign showing an operation area or an area prohibited from operation; |
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2. | Other facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for safe operation. |
(4) | Where the designating authority intends to revoke designation of operation area, public notice thereof shall be provided 90 days before the date of revocation of such designation. |
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(5) | Procedures for publicly notifying or disclosing an operation area for the public's perusal shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 9867, Dec. 29, 2009]
CHAPTER III-3 SAFETY MANAGEMENT FOR PRESSURE-RESISTANT CONTAINERS
Article 35-5 (Safety Standards for Pressure-Resistant Containers) | |
(1) | A pressure-resistant container shall satisfy the performance and standards necessary for the safe operation of motor vehicles (hereinafter referred to as "safety standards for pressure-resistant containers"). |
(2) | The safety standards for pressure-resistant containers shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 35-6 (Inspections of Pressure-Resistant Containers) | |
(1) | A person who manufactures, repairs, or imports pressure-resistant containers (hereinafter referred to as "manufacturer, etc. of pressure-resistant containers") shall undergo a test conducted by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "test of pressure-resistant containers") before selling and using the pressure-resistant containers: Provided, That the test of pressure-resistant containers has been, either partially or fully, omitted as to the pressure-resistant containers determined by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The Minister of Land, Infrastructure and Transport shall destroy the pressure-resistant containers that have failed the test of pressure-resistant containers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | The Minister of Land, Infrastructure and Transport shall carve or mark necessary matters on the pressure-resistant containers that have passed the test of pressure-resistant containers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | Where a motor vehicle manufacturer, etc. intends to perform self authentication of motor vehicles pursuant to Article 30 (1), he or she shall use pressure-resistant containers that have passed the test of pressure-resistant containers. |
(5) | No person shall display the pressure-resistant containers subject to the test of pressure-resistant containers pursuant to the main sentence of paragraph (1), which have failed the test, for the purpose of transferring, renting, using, or selling them. |
(6) | The person who has manufactured, repaired, or imported the pressure-resistant containers for which the test of pressure-resistant containers is wholly omitted pursuant to the proviso to paragraph (1) shall inform the Minister of Land, Infrastructure and Transport thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(7) | Types of the test of pressure-resistant containers and other necessary matters shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 35-7 (Installation Tests of Pressure-Resistant Containers) | |
(1) | A motor vehicle manufacturer, etc. who intends to install a pressure-resistant container which has passed the test of pressure-resistant container under Article 35-6 (1) shall, before performing the self authentication of motor vehicles, undergo the test of installation safety conducted by the performance test agent (hereinafter referred to as "installation test of pressure-resistant container") as to the pressure-resistant containers and the gas facilities necessary for the connection thereof: Provided, That in the case of motor vehicles fueled by liquefied petroleum gas, the installation test of pressure-resistant container may be substituted by performing the self authentication of motor vehicle after installing the pressure-resistant container in the motor vehicle which has passed the test of pressure-resistant container. |
(2) | After the performance test agent conducts the installation test of pressure-resistant container and the results thereof satisfy the criteria for the installation test of pressure-resistant container, he or she shall issue an inspection certificate of the installation of pressure-resistant container, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | The standards, methods, procedures and other matters necessary for the installation test of pressure-resistant container shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 35-8 (Re-Examination of Pressure-Resistant Containers) | |
(1) | An owner of a motor vehicle in which a pressure-resistant container is installed shall undergo the installation test of pressure-resistant container conducted by the Minister of Land, Infrastructure and Transport after completing the tuning for the installation of a pressure-resistant container pursuant to Articles 34 and 43 (1) 3 or pursuant to the main sentence of Article 35-7 (1), or shall undergo the test of the pressure-resistant container conducted by the Minister of Land, Infrastructure and Transport according to the following classification (hereinafter referred to as "re-examination of pressure-resistant container") under the direction of a person who tests a motor vehicle as proxy pursuant to Article 44 (1) (hereinafter referred to as "motor vehicle test agent") after performing the self authentication of motor vehicle pursuant to the proviso to Article 35-7 (1): Provided, That in the case of motor vehicles fueled by liquefied petroleum gas, the re-examination of pressure-resistant container may be substituted by the regular inspection under Article 43 (1) 2 or the comprehensive inspection under Article 43-2 (1): <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014> |
1. | Regular inspection of pressure-resistant container: A test regularly conducted every time the period determined by Ordinance of the Ministry of Land, Infrastructure and Transport elapses; |
2. | On-demand inspection of pressure-resistant container: A test conducted in such cases as occurrence of damage, occurrence of damage of the inspection carve or mark made to prove the test of pressure-resistant containers, a change to the types of high-pressure gas to be charged, or occurrence of other causes as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(2) | A motor vehicle test agent shall destroy the pressure-resistant containers which have failed the re-examination of pressure-resistant container, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | A motor vehicle test agent shall carve or mark necessary matters on the pressure-resistant containers which have passed the re-examination of pressure-resistant container as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | No person shall display the motor vehicles subject to the re-examination of pressure-resistant container under paragraph (1) which have failed the re-examination of pressure-resistant container, for the purpose of transferring, renting, using, or selling the motor vehicles. |
(5) | The Minister of Land, Infrastructure and Transport may subsidize expenses incurred in the installation of facilities necessary for the re-examination of pressure-resistant containers, purchasing of equipment, etc. by a motor vehicle test agent, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(6) | The standards, period, procedures, and other matters necessary for the re-examination of pressure-resistant containers shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 35-9 (Suspension of Manufacture or Sale of Pressure-Resistant Containers) | |
(1) | Where a manufacturer, etc. of pressure-resistant containers falls under any of the following cases, the Minister of Land, Infrastructure and Transport may order suspension of the manufacture, import, or sale of the relevant pressure-resistant containers: Provided, That in cases falling under subparagraph 1, the manufacture, import, or sale of the pressure-resistant containers shall be suspended: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Where he or she has undergone the test of pressure-resistant container by fraud or other wrongful means; |
2. | Where he or she has failed to comply with the order under Article 35-10 (2) and (3). |
(2) | In order to ascertain as to whether a manufacturer, etc. of pressure resistant containers falls under any subparagraph of paragraph (1), the Minister of Land, Infrastructure and Transport may require a performance test agent to make an investigation thereof. In such cases, the Minister of Land, Infrastructure and Transport shall subsidize the expenses incurred in such investigation. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 35-10 (Measures concerning Pressure-Resistant Containers to Prevent Safety Risks) | |
(1) | If deemed necessary for the safe management of pressure-resistant containers, the Minister of Land, Infrastructure and Transport may require a performance test agent to collect the pressure-resistant containers and inspect them. In such cases, the Minister of Land, Infrastructure and Transport shall subsidize the expenses incurred in conducting the inspection by the performance test agent. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Where the Minister of Land, Infrastructure and Transport deems that the findings of an inspection under paragraph (1) reveal any significant defect in the pressure-resistant containers, such as gas-leakage, as determined by Presidential Decree, he or she may order the manufacturer, etc. of the pressure-resistant containers to recall or exchange them or to refund the prices paid therefor, or publish such fact (hereinafter referred to as "recall, etc."). <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Notwithstanding paragraph (2), where it is discovered that pressure-resistant containers have any significant and obvious defect likely to risk public safety as determined by Presidential Decree, such as an explosion accident, and where it is necessary to take a measure, such as urgent recall, the Minister of Land, Infrastructure and Transport may order the manufacturer, etc. of the pressure-resistant containers to make recall, etc. without conducting an inspection under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | When the Minister of Land, Infrastructure and Transport deems that the safety risk has occurred or is likely to occur from pressure-resistant containers under paragraph (2) or (3), he or she may order suspension of or restriction on the use of motor vehicles installed with the relevant pressure-resistant containers, or order the disuse of the high pressure gas left inside the pressure-resistant containers. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | Where an order is issued under paragraph (4) to maintain public safety with no clear fault on the part of a person who holds ownership of or rights to a motor vehicle, the Minister of Land, Infrastructure and Transport shall provide fair compensation for the loss, as prescribed by Presidential Decree: Provided, That this shall not apply to natural disasters, war or other force majeure events. <Amended by Act No. 11690, Mar. 23, 2013> |
(6) | The method of collecting pressure-resistant containers, the procedures and methods of recall, etc., the procedures for suspension of or restriction on the use of motor vehicles, and other matters pursuant to paragraphs (1) through (4) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 35-11 (Provision of Data on Pressure-Resistant Containers) | |
(1) | A manufacturer, etc. of pressure-resistant containers shall provide the purchaser with the data on the type, usage, etc. of pressure-resistant containers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport when selling pressure-resistant containers. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | A manufacturer, etc. of pressure-resistant containers shall record and keep the data on the details of purchaser, etc. which are required for the inspection conducted under Article 35-9 (2) or for the order issued under Article 35-10 (2) through (4), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | A manufacturer, etc. of pressure-resistant containers shall submit to the Minister of Land, Infrastructure and Transport data on the correction of manufacturing defects of pressure-resistant containers exported, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and on the self gratuitous inspection and the details, etc. of repairs, which have been notified to the owners and performed accordingly. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 35-12 (Relationship with Other Statutes) | |
With respect to the matters on registration, safety management, inspection, re-examination, purchase of insurance, etc. of pressure-resistant containers which are not provided for in this Act, the provisions of the High-Pressure Gas Safety Control Act, the Safety Control and Business of Liquefied Petroleum Gas Act, and the Urban Gas Business Act shall apply: Provided, That the provisions in each of the following shall not apply: <Amended by Act No. 13089, Jan. 28, 2015>
1. | Articles 17, 18, 20, 24, 40, 42 and 43 of the High-Pressure Gas Safety Control Act; |
2. | Articles 44 and 73 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
3. | Articles 15 and 50 of the Urban Gas Business Act. |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
CHAPTER IV INSPECTION AND MAINTENANCE OF MOTOR VEHICLES
Article 36 (Maintenance of Motor Vehicles) | |
A user of a motor vehicle who intends to repair the motor vehicle shall repair it within the scope allowed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11588, Dec. 18, 2012]
Article 37 (Orders for Inspection and Maintenance) | |
(1) | The head of a Si/Gun/Gu may issue an order for checkup, maintenance, inspection or restoration to the original state, to an owner of any of the following motor vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the head of a Si/Gun/Gu shall issue an order of restoration to the original state and the provisional inspection as prescribed in Article 43 (1) 4 where the aforementioned owner falls under subparagraph 2; the head of a Si/Gun/Gu shall order the regular inspection as prescribed in Article 43 (1) 2 or the comprehensive inspection as prescribed in Article 43-2 where the owner falls under subparagraph 3; the head of a Si/Gun/Gu shall order the provisional inspection as prescribed in Article 43 (1) 4 where the owner falls under subparagraph 4: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014; Act No. 14546, Jan. 17, 2017> |
1. | A motor vehicle which is deemed to fail to satisfy the safety standards for motor vehicles or to have difficulty in safe operation; |
2. | A motor vehicle which has been tuned without obtaining approval prescribed in Article 34; |
3. | A motor vehicle which has not undergone a regular inspection conducted under Article 43 (1) 2 or a comprehensive motor vehicle inspection conducted under Article 43-2; |
4. | A motor vehicle for business to which the serious traffic accidents prescribed in Article 19 (2) of the Passenger Transport Service Act or Articles 19 (1) 11 and 32 (1) 12 of the Trucking Transport Business Act have occurred. |
(2) | Where the head of a Si/Gun/Gu intends to give an order of inspection, maintenance, test, or restoration to the original state as prescribed in paragraph (1), he or she shall fix a period therefor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, he or she may simultaneously order suspension of operation of the relevant motor vehicle. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14546, Jan. 17, 2017> |
(3) | Where an owner of a motor vehicle falling under paragraph (1) 3 fails to comply with an order of inspection conducted under paragraph (1), the head of a Si/Gun/Gu may seize the registration license plate of the relevant motor vehicle to keep it in his or her custody. In such cases, the head of a Si/Gun/Gu shall notify the Mayor/Do Governor and the owner of the motor vehicle of such seizure. |
(4) | Methods and procedures for the seizure of registration license plates prescribed in paragraph (3), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Articles 38 and 39 Deleted. <by Act No. 5968, Apr. 15, 1999> | |
Article 40 (Precision Tests of Machines and Apparatuses) | |
(1) | A person who manufactures and assembles, or imports and sells machines and apparatuses used for the inspection, maintenance, or testing of a motor vehicle and a person who uses them (hereinafter referred to as "manufacturers, etc. of machines and apparatuses") shall have them undergo a precision test conducted by the Minister of Land, Infrastructure and Transport. Where he or she intends to modify the structure and devices of machines and apparatuses, the same shall also apply. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Standards and procedures for testing machines and apparatuses subject to a precision test as prescribed in paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Articles 41 and 42 Deleted. <by Act No. 5968, Apr. 15, 1999> | |
CHAPTER V INSPECTIONS OF MOTOR VEHICLES
Article 43 (Inspections of Motor Vehicles) | |
(1) | An owner of a motor vehicle (in cases falling under subparagraph 1, referring to an expectant of a new registration) shall have his or her motor vehicle inspected by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, according to the following classification: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014; Act No. 13486, Aug. 11, 2015> |
1. | New inspection: Inspection conducted when one intends to make a new registration; |
2. | Regular inspection: Inspection regularly conducted at a fixed interval after a new registration; |
3. | Inspection of tuning: Inspection conducted when a motor vehicle has been tuned under Article 34; |
4. | Provisional inspection: Inspection conducted when needed by this Act or an order issued under this Act or by an application of an owner of a motor vehicle; |
5. | Repair inspection: Inspection conducted at a motor vehicle subject to total loss after repair. |
(2) | When the Minister of Land, Infrastructure and Transport performs an inspection of a motor vehicle under paragraph (1) (hereinafter referred to as "motor vehicle inspection"), he or she shall check whether the structure and devices of the relevant motor vehicle meet the inspection standards, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "inspection standards for motor vehicles"), and whether the identification number, engine model, etc. are the same as those recorded in a motor vehicle registration certificate, and after the motor vehicle inspection, shall notify the owner of the motor vehicle of the results thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, separate inspection standards shall be determined for commercial motor vehicles and non-commercial motor vehicles. <Amended by Act No. 9867, Dec. 29. 2009; Act No. 11588, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
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(3) | Where a motor vehicle has passed inspection conducted under paragraph (2), the Minister of Land, Infrastructure and Transport shall take measures according to the following classification: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014> |
1. | New inspection: Issuance of a new inspection certificate; |
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2. | Regular inspection, inspection of tuning, or provisional inspection: Recording the fact of inspection on the register and on the motor vehicle registration certificate. |
(4) | Where the Minister of Land, Infrastructure and Transport deems that an owner of a motor vehicle is unable to submit his or her motor vehicle to inspections under paragraph (1) 2 through 4 due to a natural disaster or other unavoidable causes or events, he or she may extend the period or postpone the inspection of the motor vehicle. <Amended by Act No. 11690, Mar. 23, 2013> |
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(5) | Where a motor vehicle with the mark of self authentication of motor vehicle under Article 30 (4) is newly registered (excluding a motor vehicle which is newly registered after its registration is revoked), it shall be deemed newly inspected under paragraph (1) 1. |
(6) | Where the Minister of Land, Infrastructure and Transport has performed a regular inspection (hereinafter referred to as "regular inspection") pursuant to paragraph (1) 2, he or she shall record and keep the site and results of the inspection on an electronic information processing organization established under Article 69 until the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(7) | No person shall manipulate or alter, or have another person manipulate or alter, any value set in a machine or instrument used for inspections of motor vehicles according to the inspection standards for motor vehicles or any value measured by a machine or instrument. <Newly Inserted by Act No. 15321, Dec. 26, 2017> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 43-2 (Comprehensive Motor Vehicle Inspections) | |
(1) | A motor vehicle owner who has registered in the area of exhaust gas precision inspection (hereinafter referred to as "precise inspection") of operating motor vehicles under Article 63 (1) of the Clean Air Conservation Act and certain diesel motor vehicle owners under Article 25 (1) of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area shall undergo a comprehensive motor vehicle inspection (hereinafter referred to as "comprehensive inspection") which combines a regular inspection, a precise inspection of exhaust gas conducted under Article 63 (1) of the Clean Air Conservation Act, or an exhaust gas inspection of specific diesel motor vehicle (hereinafter referred to as "specific diesel automobile inspection") under Article 25 (2) of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area, which is jointly conducted on the following matters by the Minister of Land, Infrastructure and Transport and the Minister of Environment. Where a motor vehicle has undergone a comprehensive inspection, it shall be deemed to have completed a regular inspection, precise inspection, and specific diesel motor vehicle inspection: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Common fields of conducting sensory inspection (inspection which confirms the status of motor vehicles by sensory organs of human) and functional inspection for confirming the identity of motor vehicle and operating condition of devices related to exhaust gas, etc.; |
2. | Motor vehicle safety inspection fields; |
3. | Motor vehicle exhaust gas precise inspection. |
(2) | Matters regarding the procedures, target, the term of validity, postponement, etc. for comprehensive inspections shall be determined by Joint Ordinance of the Ministry of Land, Infrastructure and Transport and the Ministry of Environment (hereinafter referred to as "Joint Ordinance"). <Amended by Act No. 11690, Mar. 23, 2013> |
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(3) | Article 43 (2), (3), (4), (6), and (7); the proviso to Article 76, with the exception of its subparagraphs; and subparagraph 12 of Article 76 shall apply mutatis mutandis to comprehensive inspection services. <Amended by Act No. 15321, Dec. 26, 2017> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 44 (Designation of Motor Vehicle Inspection Agents) | |
(1) | The Minister of Land, Infrastructure and Transport may designate the Korea Transportation Safety Authority as a motor vehicle inspection agent to conduct motor vehicle inspections and notification of the results thereof on his or her behalf. <Amended by Act No. 9867, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14939, Oct. 24, 2017> |
(2) | Standards for facilities, equipment, etc. and the procedures for designation of the motor vehicle inspection agent, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 44-2 (Designation of Motor Vehicle Comprehensive Inspection Agents) | |
(1) | The Minister of Land, Infrastructure and Transport may designate the Korea Transportation Safety Authority as a comprehensive inspection agent (hereinafter referred to as "comprehensive inspection agent") to conduct general inspection on his or her behalf (including notification of the results thereof). <Amended by Act No. 9867, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14939, Oct. 24, 2017> |
(2) | Matters regarding the standards for facilities, equipment and human resources, and the scope of services of the comprehensive inspection agent shall be determined by Joint Ordinance. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 45 (Designation of Designated Maintenance Business Entities) | |
(1) | If deemed necessary for efficiently conducting regular inspections, the Minister of Land, Infrastructure and Transport may designate those who have secured the prescribed facilities and skilled technicians among motor vehicle maintenance business entities as designated maintenance business entities and require them to provide the regular inspection services (including notification of the results thereof): Provided, That in areas subject to a precise inspection under subparagraph of Article 63 (1) of the Clean Air Conservation Act, the Minister may allow a designated maintenance business entity for comprehensive inspection under Article 45-2to conduct the regular inspection without designating a maintenance business entity. <Amended by Act No. 9867, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
(2) | A motor vehicle maintenance business entity who intends to be designated as a maintenance business entity under paragraph (1) (hereinafter referred to as "designated maintenance business entity") shall file an application for designation with the Minister of Land, Infrastructure and Transport, satisfying the standards for the facilities and skilled technicians prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Standards for facilities and skilled technicians, procedures for designation, and the scope of inspection services, etc. for a designated maintenance business entity, and other necessary matters, shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | The proviso to Article 76 and subparagraph 12 of the same Article shall apply mutatis mutandis to a designated maintenance business entity. |
(5) | A designated maintenance business entity whose designation as a designated maintenance business entity under Article 45-3 (1) has been revoked, or a person who applies for the designation of designated maintenance business entity from the same place of business shall not receive designation as the designated maintenance business entity unless two years have passed from the revocation of its designation. |
(6) | If a designated maintenance business entity receives an application for regular inspection from a motor vehicle owner, he or she shall check whether the relevant motor vehicle meets the inspection standards for motor vehicles as provided for in Article 43 (2). |
(7) | A designated maintenance business entity shall not have another person conduct regular inspection under his or her name. |
(8) | Where a designated maintenance business entity suspends or closes all or part of his or her business, he or she shall report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply where he or she has reported suspension or closure of motor vehicle management business in accordance with Article 55 (4). <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 45-2 (Designation of Designated Maintenance Business Entities for Comprehensive Inspections) | |
(1) | If deemed necessary for efficiently performing comprehensive inspections, the Minister of Land, Infrastructure and Transport may designate those who have secured the prescribed facilities and skilled technicians from among motor vehicle maintenance business entities as designated maintenance business entities of motor vehicle comprehensive inspection (hereinafter referred to as "designated maintenance business entity for comprehensive inspection") after consultation with the Minister of Environment and may require them to conduct comprehensive inspection (including notification of the results thereof). <Amended by Act No. 9867, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
(2) | Matters regarding the standards for facilities, equipment and human resources of the designated maintenance business entity for comprehensive inspection, the procedures and the scope of inspection services, etc. for a designated maintenance business entity shall be determined by Joint Ordinance. |
(3) | Article 45 (4) through (8) shall apply mutatis mutandis to a designated maintenance business entity for comprehensive inspection. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 45-3 (Revocation of Designation) | |
(1) | Where a motor vehicle inspection agent, a comprehensive inspection agent, a designated maintenance business entity, or a designated maintenance business entity for comprehensive inspection falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke such designation or order the suspension of all or part of the business for a period of up to six months: Provided, That where the Minister of Land, Infrastructure and Transport orders revocation of the designation as a comprehensive inspection agent or designated maintenance business entity for comprehensive inspection or suspension of affairs, he or she shall consult with the Minister of Environment; in cases falling under subparagraph 1, 15 or 18, the designation shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan. 6, 2015; Act No. 15321, Dec. 26, 2017> |
1. | Where he or she has received designation by fraud or other wrongful means; |
2. | Where he or she has accepted unjust enrichment in relation to the affairs or engaged in other unlawful conduct; |
3. | Where it is deemed inappropriate for him or her to continue the business due to the bad financial status, etc.; |
4. | Where he or she has prepared a false motor vehicle inspection sheet without conducting inspection or has prepared a motor vehicle inspection sheet inconsistent with the results of inspection; |
5. | Where he or she has performed an inspection with machines and apparatuses which are not submitted to a precision test pursuant to Article 40 (1) or machines and apparatuses which have unconfirmed precision rates; |
6. | Where he or she has performed an inspection by omitting any inspection items required for inspection of the structure and devices of a motor vehicle pursuant to Article 43 (2) or 43-2 (3); |
7. | Where he or she has failed to take measures in response to the results of inspection pursuant to Article 43 (3) (including cases to which it applies mutatis mutandis in Article 43-2 (3)); |
8. | Where he or she has failed to film or fraudulently filmed the inspection and results of the inspection (including where he or she has failed to take picture of the front and back sides of the motor vehicle including its registered license plate, or where he or she takes picture of the motor vehicle with certain part of it covered), in violation of Article 43 (6) (including cases to which it applies mutatis mutandis in Article 43-2 (3)); |
8-2. | Where he or she manipulates or alters, or has another person manipulate or alter, any value set in a machine or instrument used for inspections of motor vehicles according to the inspection standards for motor vehicles or any value measured by a machine or instrument, in violation of Article 43 (7) (including cases to which the same paragraph shall apply mutatis mutandis to Article 43-2 (3)); |
9. | Where he or she performs an inspection at a place other than the inspection facilities designated under Article 45 (1) or 45-2 (1); |
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10. | Where he or she falls short of designation standards for facilities, equipment, etc. as prescribed in Article 45 (2) or 45-2 (2); |
11. | Where he or she has performed an inspection beyond his or her capacity pursuant to the scope of inspection services or skilled technicians as referred to in Article 45 (3) or 45-2 (2); |
12. | Where he or she has had another person provide the inspection services under his or her name, in violation of Article 45 (7) (including cases to which it applies mutatis mutandis in Article 45-2 (3)); |
13. | Where he or she has had a person who is not a skilled technician conduct inspection as prescribed in Article 46 (1); |
14. | Where he or she has failed to comply with the order of dismissal of a skilled technician or suspension of duty as prescribed in Article 46 (2); |
15. | Where his or her registration of motor vehicle management business has been revoked under Article 66; |
16. | Where he or she has failed to report as prescribed in Article 72 (1) or has made a false report; |
17. | Where he or she refuses, interferes with or evades an inspection under Article 72 (2), fails to answer a question, or gives a false answer to any question; |
18. | Where he or she has performed the inspection services during the suspension period of services in violation of the order of suspension of services under this Article. |
(2) | Where the Ministry of Land, Infrastructure and Transport has canceled or suspended motor vehicle inspection by a motor vehicle test agent, a comprehensive inspection agent or a designated maintenance business entity, etc. pursuant to paragraph (1), the Minister shall have the electronic information processing organization referred to in Article 69 record and manage the status thereof. <Newly Inserted by Act No. 12986, Jan. 6, 2015> |
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(3) | Where a designated maintenance business entity or a designated maintenance business entity for comprehensive inspection has his or her designation revoked in any of the cases specified by Ordinance of the Ministry of Land, Infrastructure and Transport, among the cases specified in paragraph (1), the Mayor/Do Governor or the head of a Si/Gun/Gu shall inform such fact to the owners of a motor vehicle that underwent a regular or comprehensive inspection not longer than six months ago, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 15321, Dec. 26, 2017> |
(4) | Detailed standards, procedures, and management methods for dispositions under paragraphs (1) and (2), and other necessary matters, shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport (referring to Joint Ordinance in cases of a comprehensive inspection agent and a designated maintenance business entity for comprehensive motor vehicle inspection; hereafter in Article 46 the same shall apply). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan. 6, 2015> |
[This Article Newly Inserted by Act No. 9449, Feb. 6, 2009]
Article 46 (Duties of Skilled Technicians) | |
(1) | Matters regarding the classification and duties, etc. of skilled technicians to be employed by a motor vehicle inspection agent, a comprehensive motor vehicle inspection agent, a designated maintenance business entity, and a designated maintenance business entity for comprehensive inspection under Articles 44 (1), 44-2 (1), 45 (1), and 45-2 (1), shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Where a skilled technician under paragraph (1) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may order him or her dismissed or his or her duties suspended for a fixed period to the relevant motor vehicle inspection agent, comprehensive motor vehicle inspection agent, designated maintenance business entity, or designated maintenance business entity for comprehensive inspection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he or she orders a comprehensive motor vehicle inspection agent or designated maintenance business entity for comprehensive inspection to dismiss the relevant skilled technician or suspend his or her duties, he or she shall consult with the Minister of Environment: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Where he or she has accepted unjust enrichment in relation to the affairs or engaged in other unlawful conduct; |
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2. | Where he or she has prepared a false motor vehicle inspection sheet without performing the inspection or has prepared a motor vehicle inspection sheet inconsistent with the results of inspection; |
3. | Where he or she has performed an inspection with machines and apparatuses not submitted to a precision test pursuant to Article 40 (1) or machines and apparatuses which have unconfirmed precision rates; |
4. | Where he or she has performed an inspection by omitting any inspection items required for inspection of the structure and devices of a motor vehicle pursuant to Article 43 (2) or 43-2 (3); |
5. | Where he or she has failed to take measures on the results of inspection pursuant to Article 43 (3) (including cases to which it applies mutatis mutandis in Article 43-2 (3)); |
6. | Where he or she has failed to record the site and results of the inspection, in violation of Article 43 (6) (including cases to which it applies mutatis mutandis in Article 43-2 (3)) or recorded by falsity; |
7. | Where he or she has performed an inspection at a place other than the inspection facilities designated under Article 45 (1) or 45-2 (1); |
8. | Where he or she has performed an inspection beyond his or her capacity pursuant to the scope of inspection services or skilled technicians as referred to in Article 45 (3) or 45-2 (2). |
(3) | No skilled technician dismissed pursuant to paragraph (2) shall be appointed as the skilled technician under paragraph (1) within six months from the date he or she received the disposition of dismissal. <Newly Inserted by Act No. 12986, Jan. 6, 2015> |
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(4) | The Ministry of Land, Infrastructure and Transport shall authorize the electronic information processing organization under Article 69 to manage the status of the skilled technicians who were dismissed or suspended, etc. pursuant to paragraph (2). <Newly Inserted by Act No. 12986, Jan. 6, 2015> |
(5) | Detailed standards and procedures for issuing orders under paragraph (2), methods of management, and other necessary matters shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan. 6, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 47 (Official Approval of Taximeters) | |
(1) | A person who manufactures, repairs, imports, or uses a taxi fare meter (hereinafter referred to as "taximeter") shall obtain official approval of the taximeter from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | If deemed necessary, the Minister of Land, Infrastructure and Transport may designate a specialized official approval institution authorized to officially approve a taximeter (hereinafter referred to as "official approval institution specialized in a taximeter") and may require them to grant official approval on his or her behalf under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | No one shall manufacture, repair, import, or use a taximeter nor sell it nor intermediate its transaction without obtaining official approval as prescribed in paragraph (1) or (2). |
(4) | Articles 40 and 45 (2) and (3) shall apply mutatis mutandis to official approval institutions specialized in a taximeter. |
(5) | Where an official approval institution specialized in a taximeter falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke such designation or order suspension of all or part of the business for a fixed period of up to six months: Provided, That the cases falling under subparagraph 1 or 8 shall be subject to the revocation of such designation: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Where he or she has received designation by fraud or other wrongful means; |
2. | Where he or she has accepted unjust enrichment in relation to the affairs or engaged in other unlawful conduct; |
3. | Where it is deemed inappropriate for him or her to continue the services due to the bad financial status, etc.; |
4. | Where he or she fails to meet any of the designation standards for facilities, equipment, etc. as prescribed in Article 45 (2) which applies mutatis mutandis in paragraph (4); |
5. | Where he or she has performed an inspection with machines and apparatuses which are not submitted to a precision test pursuant to Article 40 (1) or machines and apparatuses which have unconfirmed precision rates; |
6. | Where he or she has failed to report as prescribed in Article 72 (1) or has made a false report; |
7. | Where he or she refuses, interferes with or evades an inspection under Article 72 (2), fails to answer a question, or gives a false answer to any question; |
8. | Where he or she has provided the official approval services during the suspension period of services in violation of the order of suspension of services under this Article. |
(6) | Detail standards and procedures for taking administrative dispositions pursuant to paragraph (5) and other necessary matters shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
CHAPTER V-2 REPLACEMENT OF, OR PURCHASE PRICE REFUND FOR, MOTOR VEHICLES
Article 47-2 (Requirements for Replacement of, or Purchase Price Refund for, Motor Vehicles) | |
(1) | If a motor vehicle self-authenticated and sold in the domestic market by a motor vehicle manufacturer, etc. meets all the following requirements, the owner (excluding transport business entities under the Passenger Transport Service Act or the Trucking Transport Business Act who own at least two motor vehicles for business use) may claim replacement of such motor vehicle with a new motor vehicle or the refund of the purchase price for such motor vehicle from a motor vehicle manufacturer, etc. within two years from the date the motor vehicle is delivered: |
1. | A motor vehicle sold under a written contract providing as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport that the motor vehicle can be replaced with a new motor vehicle, assuring refund of the purchase price, etc. upon the occurrence of defects; |
2. | A motor vehicle with doubtful safety, with significantly deteriorated economic value, or unusable, due to a structural or mechanical defect referred to in Article 29(1); |
3. | A motor vehicle falling under either of the following cases, where one year has not passed since the motor vehicle was delivered to its owner (if the mileage exceeds 20,000 kilometers, the period shall be deemed to have lapsed): |
(a) | Where a motor vehicle has been repaired at least twice by the relevant motor vehicle manufacturer, etc. (including persons to whom repair work has been entrusted by the motor vehicle manufacturer, etc.), due to a defect that occurred with the same symptom in the structure or any of the devices specified by Ordinance of the Ministry of Land, Infrastructure and Transport, such as its motor, power transmission system, steering system, or brake system, but the identical defect reoccurs: Provided, That included herein shall be cases where a motor vehicle has been repaired at least once and the total period of repair exceeds 30 days; |
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(b) | Where a motor vehicle has been repaired at least three times by the relevant motor vehicle manufacturer, etc. (including persons to whom repair work has been entrusted by the motor vehicle manufacturer, etc.), due to a defect that occurred with the same symptom in any structure or device, other than the structure or any of the devices specified in item (a), but the identical defect reoccur: Provided, That included herein shall be cases where a motor vehicle has been repaired at least once and the total period of repair exceeds 30 days. |
(2) | If a defect with the same symptom reoccurs after a motor vehicle falling under paragraph (1) has been repaired once in the case of paragraph (1) 3 (a) or twice in the case of paragraph (1) 3 (b), the owner of such motor vehicle (hereinafter referred to as "owner of the defective motor vehicle") shall notify the relevant motor vehicle manufacturer, etc. of such recurrence, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-3 (Presumption of Defects) | |
Any defect discovered within six months from the date a motor vehicle falling under Article 47-2 (1) is delivered to the owner of the defective motor vehicle shall be presumed to have existed since the date of delivery.
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-4 (Application for Arbitration for Replacement or Refund of Purchase Price) | |
(1) | At the request of the owner of a defective motor vehicle, the Committee for Deliberation on Safety and Defects of Motor Vehicles under Article 47-7 (hereinafter referred to as the "Committee for Deliberation on Safety and Defects of Motor Vehicles") shall commence arbitration proceedings for replacement or refund of the purchase price (hereinafter referred to as "arbitration for replacement or refund") where all the following requirements are met. Such matters as the methods for filing an application for arbitration for replacement or refund shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
1. | Where the relevant motor vehicle manufacturer, etc. accepted the rules on arbitration for replacement or refund under Article 47-7 (2) 1 (b) (hereinafter referred to as "rules on arbitration for replacement or refund"), in advance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
2. | Where the owner of the defective motor vehicle accepted the rules on arbitration for replacement or refund, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, at the time of concluding the relevant sale and purchase contract or filing an application for replacement or refund. |
(2) | A motor vehicle manufacturer, etc. who accepted the rules on arbitration for replacement or refund in advance shall inform purchasers of its acceptance of the rules on arbitration for replacement or refund at the time of selling a motor vehicle. |
(3) | If an application filed under paragraph (1) for arbitration for replacement or refund is defective, the Committee for Deliberation on Safety and Defects of Motor Vehicles shall order the applicant to correct defects within a reasonable period specified. If the applicant fails to correct relevant defects within the specified period, the Committee for Deliberation on Safety and Defects of Motor Vehicles shall reject the application. |
(4) | If the Committee for Deliberation on Safety and Defects of Motor Vehicles deems it necessary for rendering an arbitral award for replacement or refund, the Committee may request the relevant motor vehicle manufacturer, etc. and the owner of the defective motor vehicle to submit documents necessary for arbitration; and may request a performance test agent to inspect the relevant motor vehicle to locate defects. Matters necessary for such inspection shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-5 (Effects of Arbitral Awards) | |
(1) | An arbitral award for replacement or refund is equally as binding as a final court judgment on the relevant motor vehicle manufacturer, etc. and for the owner of the relevant defective motor vehicle. |
(2) | Article 36 of the Arbitration Act shall apply mutatis mutandis to any appeal against an arbitral award for replacement or refund; and to the cancellation of an arbitral award for replacement or refund. |
(3) | Except as otherwise provided for in this Act, the Arbitration Act shall apply mutatis mutandis to the procedures for arbitration for replacement or refund. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-6 (Methods of Replacement or Refund upon Arbitral Awards) | |
(1) | Where a motor vehicle manufacturer, etc. delivers a new motor vehicle in replacement of a defective motor vehicle to the owner of the defective motor vehicle in compliance with an arbitral award for replacement or refund, such motor vehicle manufacturer, etc. shall not claim the return of the benefits derived from the ownership, operation, etc. of the defective motor vehicle from the owner of the defective motor vehicle. |
(2) | Where a defective motor vehicle is replaced with a new motor vehicle in compliance with an arbitral award for replacement or refund, the taxes and public charges prescribed by Presidential Decree, including acquisition tax for the new motor vehicle, shall be deemed paid at the time the owner of the defective motor vehicle initially purchased the defective motor vehicle. |
(3) | Where a motor vehicle manufacturer, etc. refunds a purchase price in compliance with an arbitral award for replacement or refund, such motor vehicle manufacturer, etc. shall refund the purchase price to the owner of the relevant defective motor vehicle as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(4) | Even where a motor vehicle manufacturer, etc. is obligated to deliver a new motor vehicle in replacement to the owner of a defective motor vehicle according to an arbitral award for replacement or refund, the motor vehicle manufacturer, etc. may choose to refund the purchase price on any of the grounds prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including where replacement is impossible due to the termination of manufacture or other similar event. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-7 (Establishment of Committee for Deliberation on Safety and Defects of Motor Vehicles) | |
(1) | The Committee for Deliberation on Safety and Defects of Motor Vehicles shall be established within the Ministry of Land, Infrastructure and Transport in order to conduct arbitration proceedings, etc. for replacement or refund; and to deliberate on matters related to the correction, etc. of manufacturing defects. |
(2) | The functions of the Committee for Deliberation on Safety and Defects of Motor Vehicles are as follows: |
1. | The following functions related to arbitration for replacement of, or purchase price refund for, motor vehicles: |
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(a) | Arbitration for replacement or refund; |
(b) | Establishment and amendment of rules on arbitration for replacement and refund; |
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2. | Deliberation on the following matters in connection with correction, etc. of manufacturing defects: |
(a) | Issuance of orders to suspend the manufacture, assembly, import, or sale of motor vehicles under Article 30-3 (1); |
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(b) | Investigation into self-authentication, etc. under Article 30-3 (2); |
(c) | Substitution of corrective measures and issuance of orders of correction under Article 31 (3); |
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(d) | Investigation into manufacturing defects under Article 31 (4); |
(e) | Compensation for motor vehicle owners who made self-correction under Article 31-2; |
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(f) | Evaluation of the level of safety of motor vehicles under Article 33-2; |
(g) | Other matters specified by Presidential Decree as those related to correction of manufacturing defects, gratuitous repair, etc.; |
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3. | Establishment, amendment, and repeal of rules on the operation, etc. of the Committee for Deliberation on Safety and Defects of Motor Vehicles. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-8 (Organization and Operation of Committee for Deliberation on Safety and Defects of Motor Vehicles) | |
(1) | The Committee for Deliberation on Safety and Defects of Motor Vehicles shall be comprised of up to 50 members, including one chairperson, and its members shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among any of the following persons: |
1. | A current or former judge, public prosecutor, or attorney-at-law serving for at least 10 years; |
2. | A person who has served in a university or college as at least an associate professor, majoring in law; |
3. | A person who has served in a university, a college, or an officially accredited research institute as at least an associate professor or equivalent position, majoring in a field related to motor vehicles; |
4. | A person who has served as at least a Grade-IV public official with work experience in a field related to motor vehicles; |
5. | A person who has served in a public institution under Article 4 of the Act on the Management of Public Institutions with work experience in a field related to motor vehicles; |
6. | A person who has been engaged in a motor vehicle-related role for at least 10 years as a professional engineer or master craftsman qualified under Article 10 of the National Technical Qualifications Act; |
7. | A person who has served in a public institution under Article 4 of the Act on the Management of Public Institutions; or in a consumer protection agency for consumer protection for at least 10 years; |
8. | A current or former executive officer of a consumer organization registered under Article 29 of the Framework Act on Consumers; |
9. | A current or former executive officer of a business entity or a trade association related the manufacture, etc. of motor vehicles. |
(2) | The term of office of committee members shall be two years but may be consecutively renewed. |
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(3) | Except in any of the following cases, a committee member who is not a public official shall not be dismissed from office against the committee member's will: |
1. | Where a committee member falls under Article 47-10 (1); |
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2. | Where a committee member is deemed too seriously incompetent to continue the performance of his or her duties, due to prolonged, mental or physical incapacity; |
3. | Where a committee member shall be dismissed on any of other grounds specified by Presidential Decree, such as a breach of any of his or her official duties. |
(4) | The chairperson shall be appointed by the Minister of Land, Infrastructure and Transport from among the committee members. |
(5) | A majority of the members of the Committee for Deliberation on Safety and Defects of Motor Vehicles shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
(6) | Other matters necessary for the organization, operation, etc. of the Committee for Deliberation on Safety and Defects of Motor Vehicles shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-9 (Organization and Operation of Arbitral Tribunals) | |
(1) | Arbitration by the Committee for Deliberation on Safety and Defects of Motor Vehicles shall be conducted by an arbitral tribunal comprised of three members. |
(2) | Members of an arbitral tribunal (hereinafter referred to as "arbitrators") shall be appointed by the committee chairperson for each case from among the members of the Committee for Deliberation on Safety and Defects of Motor Vehicles, but the members whom the parties agree to select shall be appointed as arbitrators. |
(3) | Arbitrators shall endeavor to conduct arbitration proceedings in an expeditious, impartial, and economical manner; and the parties to such arbitration proceedings shall participate conscientiously, based on mutual trust and understanding. |
(4) | The chief of an arbitral tribunal shall be selected by agreement among arbitrators. |
(5) | Meetings of an arbitral tribunal shall be convened by the chief of the arbitral tribunal. |
(6) | All arbitrators of an arbitral tribunal shall constitute a quorum for a meeting of the arbitral tribunal; and any resolution thereof shall require the concurring vote of a majority of the arbitrators. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-10 (Disqualification from Being Members of Committee for Deliberation on Safety and Defects of Motor Vehicles) | |
(1) | No person falling under any subparagraph of Article 33 of the State Public Officials Act shall be qualified for membership of the Committee for Deliberation on Safety and Defects of Motor Vehicles. |
(2) | In any of the following cases, a member of the Committee for Deliberation on Safety and Defects of Motor Vehicles shall be barred from performing his or her duties in the relevant case: |
1. | If a committee member or the current or former spouse of the committee member is a party to the dispute brought before the Committee (hereinafter referred to as "case at issue") or is involved in the case at issue as a joint right-holder or joint obligor together with any of the parties to the case at issue; |
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2. | If a committee member is the current or former relative of any party to the case at issue; |
3. | If a committee member has made any statement or expert opinion regarding the case at issue; |
4. | If a committee member serves or has served as the representative of any party to the case at issue; |
5. | If a committee member was involved in an action or omission that gave rise to the case at issue; |
6. | If a committee member is a current or former employee of the motor vehicle manufacturer, etc. against whom the case at issue is brought. |
(3) | If any ground for exclusion exists, the Committee for Deliberation on Safety and Defects of Motor Vehicles may resolve to exclude a committee member, ex officioor at the request of any party to the case at issue. |
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(4) | If any party to the case at issue has a ground to suspect impartiality of a committee member in performing his or her duties, the party may file a challenge against the committee member with the Committee for Deliberation on Safety and Defects of Motor Vehicles, and the Committee for Deliberation on Safety and Defects of Motor Vehicles shall resolve to honor the challenge if the Committee finds that the challenge is well-founded. |
(5) | If a committee member has a ground specified in paragraph (2) or (4), such committee member may voluntarily abstain from performing his or her duties in the case at issue. |
(6) | Paragraphs (1) through (5) shall apply mutatis mutandis to personnel of the organization participating in arbitration proceedings for the operation and administrative processing of the Committee for Deliberation on Safety and Defects of Motor Vehicles. |
(7) | Upon receipt of a challenge under paragraph (4), an arbitral tribunal shall suspend arbitration proceedings until it makes a decision on the challenge. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 47-11 (Entrustment of Operation and Administrative Processing of Committee for Deliberation on Safety and Defects of Motor Vehicles) | |
(1) | The Minister of Land, Infrastructure and Transport may entrust the Korea Transportation Safety Authority with part of administrative tasks for the operation and administrative processing of the Committee for Deliberation on Safety and Defects of Motor Vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The organization, human resources, etc. for performing administrative tasks of the Committee for Deliberation on Safety and Defects of Motor Vehicles, entrusted by the Minister of Land, Infrastructure and Transport in such cases, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 14950, Oct. 24, 2017> |
(2) | Where part of administrative tasks is entrusted under paragraph (1), the Minister of Land, Infrastructure and Transport may pay contributions to the Korea Transportation Safety Authority to cover the expenses incurred in the operation and administrative processing of the Committee for Deliberation on Safety and Defects of Motor Vehicles. <Amended by Act No. 14950, Oct. 24, 2017> |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
CHAPTER VI MANAGEMENT OF TWO WHEELED MOTOR VEHICLES
Article 48 (Reporting on Use of Two-Wheeled Motor Vehicles) | |
(1) | A person who intends to acquire and use a two-wheeled motor vehicle determined by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "two-wheeled motor vehicle") shall report on its use to the head of a Si/Gun/Gu and shall be assigned a two-wheeled motor vehicle number, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(2) | Where there are matters to be changed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, of the matters to be reported under paragraph (1), or a two-wheeled motor vehicle is disused, an owner of the two-wheeled motor vehicle shall report it to the head of a Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | A person who has acquired the ownership of a reported two-wheeled motor vehicle under paragraph (1) by transfer shall report on the transfer of ownership thereof to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where an owner who has acquired the two-wheeled motor vehicle by transfer has failed to report the transfer of ownership thereof, a transferor may report thereon, in lieu of such transferee, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 49 (Obligation to Affix Two-Wheeled Motor Vehicle License Plates) | |
(1) | No two-wheeled motor vehicle shall be operated without a two-wheeled motor vehicle license plate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the part of its rear where it is readily visible. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Where the head of a Si/Gun/Gu has received a report on use as prescribed in Article 48 (1), he or she shall affix a two-wheeled motor vehicle license plate to the relevant two-wheeled motor vehicle and seal it, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a person who reports the use of the two-wheeled motor vehicle intends to directly attach the two-wheeled motor vehicle license plate thereto and seal it, the head of a Si/Gun/Gu may have the reporter do it himself or herself, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 50 (Structure and Devices of Two-Wheeled Motor Vehicles) | |
(1) | No two-wheeled motor vehicle shall be operated if its main structure and devices fail to meet the safety standards. |
(2) | Matters regarding the scope of and the safety standards for the main structure and devices as prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 51 Deleted. <by Act No. 6730, Aug. 26, 2002> | |
Article 52 (Application Mutatis Mutandis to Two-Wheeled Motor Vehicles) | |
Articles 7, 9, 10 (5) (including the case of mutatis mutandis application in Article 10 (7)), 13 (3) through (7), 18, 20, 22, 23, 26, 28, 29, 30, 30-2 through 30-6, 31, 31-2, 32, 33, 33-2, 34, and 37 shall apply mutatis mutandis to a two-wheeled motor vehicle. In such cases, the term "Mayor/Do Governor" shall be regarded as the "head of a Si/Gun/Gu"; "registration", as "report"; "motor vehicles", as "two-wheeled motor vehicles"; "safety standards for motor vehicles", as "safety standards for two-wheeled motor vehicles"; "safety standards for motor vehicle parts", as "standards for two-wheeled motor vehicle parts"; "self authentication of motor vehicles", as "self authentication of two-wheeled motor vehicles"; "self authentication of motor vehicle parts", as "self authentication of two-wheeled motor vehicle parts"; "motor vehicle manufacturers, etc.", as "two-wheeled motor vehicle manufacturers, etc."; "motor vehicle parts manufacturers, etc.", as "manufacturers, etc. of two-wheeled motor vehicle parts"; and "technology review and safety inspection of motor vehicles", as "confirmation of actual measurement of two-wheeled motor vehicles". <Amended by Act No. 10721, May 24, 2011; Act No. 11449, May 23, 2012; Act No. 12217, Jan. 7, 2014; Act No. 13486, Aug. 11, 2015; Act No. 14950, Oct. 24, 2017>
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
CHAPTER VII MOTOR VEHICLE MANAGEMENT BUSINESS
Article 53 (Registration of Motor Vehicle Management Business) | |
(1) | A person who intends to run a motor vehicle management business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply where the person intends to modify the registered matters: Provided, That the foregoing shall not apply to any modification to minor registered matters as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The motor vehicle management business as prescribed in paragraph (1) may be subdivided, as prescribed by Presidential Decree. |
(3) | Matters regarding the standards and procedures, etc. for a motor vehicle management business registration as prescribed in paragraph (1) shall be determined by ordinance of the Seoul Special Metropolitan City, a Metropolitan City, a Special Self-Governing City/Do (including a Special Self-Governing Province) or a city of at least 500,000 population within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, a person who intends to engage in the motor vehicle transaction business in the Self-Governing Gu of at least 500,000 population within the Seoul Special Metropolitan City and a Metropolitan City shall satisfy the standards for registration as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 13486, Aug. 11, 2015> |
(4) | Where determining the ordinance pursuant to paragraph (3), factors such as traffic conditions, environmental pollution, surrounding conditions and other local circumstances may be taken into account. <Amended by Act No. 13486, Aug. 11, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 53-2 (Payment of Monetary Awards) | |
The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may grant a monetary award (excluding when a motor vehicle owner reports in a case falling under subparagraph 1 of Article 80, subparagraph 2 of Article 81 and subparagraph 7-2 of Article 81) to the person who has reported or charged any persons falling under subparagraph 13 of Article 79, subparagraph 1 of Article 80, subparagraph 5-3 of Article 80, subparagraph 2 of Article 81, subparagraph 7-2 of Article 81 or Article 84 (3) 20, as prescribed by Ordinance of the concerning local governments. <Amended by Act No. 13486, Aug. 11, 2015; Act No. 14950, Oct. 24, 2017>
[This Article Newly Inserted by Act No. 12217, Jan. 7, 2014]
Article 54 (Grounds for Disqualification) | |
(1) | Neither of the following persons shall engage in a motor vehicle management business. In the case of a corporation, the same shall also apply if its executive officer falls under any of the following: <Amended by Act No. 13486, Aug. 11, 2015; Act No. 13933, Jan. 28, 2016> |
1. | A person under adult guardianship or under limited guardianship; |
2. | A person who has been declared bankrupt and not yet been reinstated; |
3. | A person in whose case one year has not elapsed since the revocation of registration of his or her motor vehicle management business prescribed in this Act (excluding cases where the registration is withdrawn because he or she falls under subparagraph 1 or 2); |
4. | A person in whose case two years have not passed since the complete execution or exemption of a sentence for imprisonment with labor or heavier punishment imposed on him or her in violation of this Act; |
5. | A person in the suspension period of execution after having been sentenced to the suspension of execution of a sentence for imprisonment with labor or heavier punishment imposed on him or her, in violation of this Act. |
(2) | Where a person who has made the registration for the motor vehicle management business prescribed in Article 53 (hereinafter referred to as "motor vehicle management business entity") falls under any ground falling under paragraph (1), the head of a Si/Gun/Gu shall revoke the relevant registration: Provided, That the same shall not apply where an executive officer of a corporation who falls under paragraph (1) is replaced within three months. |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 55 (Reporting on Transfer or Acquisition of Motor Vehicle Management Business) | |
(1) | A person who intends to transfer or acquire a motor vehicle management business shall report it to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Where a corporation who operates the motor vehicle management business intends to merge with another corporation, he or she shall report it to the head of a Si/Gun/Gu. |
(3) | A person who acquires a motor vehicle management business or a corporation surviving a merger shall succeed to the rights and obligations of the motor vehicle management business entity. |
(4) | Where a motor vehicle management business entity suspends or close all or part of the business, he or she shall report it to the head of a Si/Gun/Gu. |
(5) | Where a motor vehicle management business entity who has reported pursuant to paragraph (4) is designated as a maintenance business entity or designated maintenance business entity for comprehensive inspection, he or she shall be deemed to have reported on suspension or closure of the relevant designated business. In such cases, the head of a Si/Gun/Gu shall notify the Minister of Land, Infrastructure and Transport thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 56 (Orders for Improving Business) | |
(1) | Where deemed necessary for the sound development of the motor vehicle management business, the head of a Si/Gun/Gu may issue any of the following orders to a motor vehicle management business entity, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14950, Oct. 24, 2017> |
1. | Relocation of a place of business; |
2. | Improvement of facilities or operation; |
3. | Adjustment of commission or a fee; |
4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the sound development of the motor vehicle management business. |
(2) | If necessary for preventing loss to motor vehicle dealers and motor vehicle owners, the head of a Si/Gun/Gu may order an online information provider registered under Article 65-2 (1) for motor vehicles for sale to take the following measures, as prescribed by Presidential Decree: <Newly Inserted by Act No. 14950, Oct. 24, 2017> |
1. | Improvement of business facilities, computer systems, or management; |
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2. | Improvement of terms and conditions of use; |
3. | Other measures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to prevent loss to motor vehicle dealers and motor vehicle owners. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 57 (Prohibited Acts for Motor Vehicle Management Business Entities) | |
(1) | No motor vehicle management business entity shall engage in any of the following acts: <Amended by Act No. 11588, Dec. 18, 2012> |
1. | Allowing (including providing services in a form, such as entrustment, delegation, contracting, etc. for the whole or any part of business) another person to operate the business under his or her own name; |
2. | Leasing or allowing part or all of the place of business to another person for occupation and use; |
3. | Offering and accepting unjust enrichment, or engaging in other unlawful act with regard to the relevant business; |
4. | Rejecting a user's request without justifiable grounds in relation to the relevant business; |
5. | Forcibly selling a product or service not requested by a user regarding the relevant business, demanding compensation in return for a work not requested by a user, or soliciting clients/customers for business purposes. |
(2) | No motor vehicle maintenance business entity or the motor vehicle manufacturer, etc. under Article 34 (2) shall tune a motor vehicle nor tune it inconsistent with what was approved, except where he or she obtains approval from the head of a Si/Gun/Gu under Article 34 (including cases to which it applies mutatis mutandisin Article 52). <Amended by Act No. 12217, Jan. 7, 2014; Act No. 13486, Aug. 11, 2015> |
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(3) | No motor vehicle dealer shall engage in any of the following acts: <Amended by Act No. 12146, Dec. 30, 2013> |
1. | Intermediating motor vehicle transactions upon receipt of a request for the intermediation of motor vehicle transactions from a person who is not the owner recorded on the register. Provided, That the same shall not apply where he or she has been asked to intermediate motor vehicle transactions from the person authorized to act concerning the motor vehicle transactions by the motor vehicle owner listed on the register; |
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2. | Releasing false or exaggerated labelling or advertisement concerning motor vehicles, which intends to engage in intermediation for the sale and purchase of a motor vehicle. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 57-2 (Prohibition of Collecting or Intermediating Scrapped Motor Vehicles) | |
A person who is not the motor vehicle scrapping business entity shall not, in his or her pursuit of profit, collect or purchase to collect the motor vehicles subject to be scraped, nor shall he or she engage in any acts of intermediation for a motor vehicle scrapping business entity.
[This Article Newly Inserted by Act No. 13486, Aug. 11, 2015]
Article 58 (Motor Vehicle Management Business Entities' Obligations of Notification and Management) | |
(1) | Where a motor vehicle dealer intermediates the sale and purchase of a motor vehicle, he or she shall give written notice of the following matters to the buyer of the relevant motor vehicle prior to concluding a sales contract in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12146, Dec. 30, 2013; Act No. 12986, Jan. 6, 2015; Act No. 14950, Oct. 24, 2017; Act No. 15321, Dec. 26, 2017> |
1. | Details of an inspection (including photographs taken at the scene of inspection and prepared within 120 days from the date of inspection) of the performance and condition of the structure and devices of the relevant motor vehicle (hereinafter referred to as "inspection of the performance and condition of a motor vehicle") by any of the persons specified by Ordinance of the Ministry of Land, Infrastructure and Transport; |
2. | Any registration of seizure and mortgage; |
3. | A fee or charge received under Article 65 (1); |
4. | Where the buyer wishes, details of the inspection/calculation of price of the relevant motor vehicle. |
(2) | Any person who intends to engage in the business of inspecting the performance and condition of motor vehicles shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and meet the standards for qualifications; and shall report the business to the head of a Si/Gun/Gu. <Amended by Act No. 15321, Dec. 26, 2017> |
(3) | Where a motor vehicle dealer advertises motor vehicles using the Internet, he or she shall post the history of motor vehicles, seller information, and other necessary matters, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(4) | A motor vehicle maintenance business entity shall meet each of the following requirements: <Amended by Act No. 10721, May 24, 2011; Act No. 11449, May 23, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014; Act No. 13933, Jan. 28, 2016> |
1. | Deleted; <by Act No. 12986, Jan. 6, 2015> |
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2. | He or she shall inform the customer of new parts, secondhand parts, recycled parts or replacement parts pursuant to Article 30-5, etc. necessary for the maintenance when the customer requests maintenance services so that the customer may make an informed choice; |
3. | Where providing maintenance services using a secondhand part or a recycled part, he or she shall check whether the relevant part has any abnormalities; |
4. | He or she shall disclose the standard maintenance time via the Internet, printed materials or other methods of disclosure, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
5. | With respect to the major maintenance works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall post within his or her place of business the hourly labor charges and the standard maintenance time so that they are readily visible to the person who has requested the maintenance works; |
6. | He or she shall issue an estimate and a detailed statement of checkup and maintenance service and inform the details of follow-up management to a customer who requests maintenance services under the procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
7. | He or she shall provide follow-up management services, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
8. | He or she shall not prepare and issue a misleading estimate and a misleading detailed statement of checkup and maintenance services. |
(5) | A motor vehicle scrapping and recycling business entity shall comply with each of the following requirements: <Amended by Act No. 13933, Jan. 28, 2016> |
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1. | Where the motor vehicle scrapping and recycling business entity receives a request to scrap a motor vehicle from a motor vehicle owner or the head of a Si/Gun/Gu, he or she shall acquire the relevant motor vehicle, its motor vehicle registration certificate, registration license plate and the seal, and issue a document certifying the fact thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
2. | Where the motor vehicle scrapping and recycling business entity receives a request to scrap a motor vehicle, he or she shall scrap the relevant motor vehicle and abolish its registration certificate, registration license plate, and the seal of the relevant motor vehicle, so that they cannot be reused; |
3. | Other matters necessary for motor vehicle scrapping and recycling, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(6) | Deleted. <by Act No. 13933, Jan. 28, 2016> |
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(7) | Where a motor vehicle management business entity has performed the duties prescribed in paragraphs (1), (4) and (5), he or she shall record, manage, and keep records of them, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13933, Jan. 28, 2016> |
(8) | Motor vehicle management business entities shall submit information determined by Ordinance of the Ministry of Land, Infrastructure and Transport, out of the information recorded, managed, and kept pursuant to paragraph (7), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to the computerized information processing organization established under Article 69. <Newly Inserted by Act No. 11588, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 58-2 (Exemplary Business Entities) | |
(1) | The head of a Si/Gun/Gu may designate a motor vehicle management business entity with excellent business performance as an exemplary business entity pursuant to the designation criteria determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The head of a Si/Gun/Gu shall without delay revoke designation of a person designated as an exemplary business entity under paragraph (1) fails to meet any of the designation criteria, or is subjected to an administrative disposition under Article 66. |
(3) | Matters regarding procedures for designating exemplary business entities and the revocation thereof under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 58-3 (Liability for Damage by Motor Vehicle Management Business Entities) | |
(1) | Where any damage has occurred to the motor vehicle buyer where the motor vehicle dealer fails to notify of the matters in each subparagraph of Article 58 (1) or falsely notify in brokering the transaction of a motor vehicle, the motor vehicle dealer shall compensate the relevant damage. Where a person who has performed an inspection of the performance and condition of a motor vehicle (hereinafter referred to as "inspector of the performance and condition of a motor vehicle") inflicts property damage on the buyer of the motor vehicle in such cases by providing false or erroneous information on the inspection of the performance and condition to the dealer of the motor vehicle, the dealer of the motor vehicle may claim indemnity for such damage from the inspector of the performance and condition of the motor vehicle. <Amended by Act No. 12986, Jan. 6, 2015; Act No. 14950, Oct. 24, 2017; Act No. 15321, Dec. 26, 2017> |
(2) | A motor vehicle dealer shall subscribe to guaranty insurance or make a deposit before commencing business as prescribed by Presidential Decree, to guarantee liability for damage under paragraph (1). |
(3) | No bond deposited under paragraph (2) shall be recovered within one year after the date the motor vehicle dealer ceases business or deceases. |
(4) | Where the brokerage of a motor vehicle transaction is completed, a motor vehicle dealer shall explain each of the following matters for guarantee for liability for damage to the trade parties; and shall issue a copy of the relevant certificate (including a relevant certificate regarding the guarantee liability of the inspector of the performance and condition of the motor vehicle under Article 58-2 (2); hereafter the same shall apply in this Article and Article 84 (3) 23) or shall transmit the relevant certificate in electronic format: <Amended by Act No. 14950, Oct. 24, 2017> |
1. | Amount of guarantee; |
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2. | Names of the insurance company and depository organization, and their addresses; |
3. | Period of guarantee. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 58-4 (Guarantee Liability of Inspectors of Performance and Condition of Motor Vehicles) | |
(1) | An inspector of the performance and condition of motor vehicles shall provide guarantee for the results of the inspections of performance and condition, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(2) | An inspector of the performance and condition of motor vehicles shall carry insurance indemnifying the guarantee liability under paragraph (1). |
(3) | Matters regarding the category, coverage, procedures, etc. of the insurance under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
[Previous Article 58-4 moved to Article 58-5]
Article 58-5 (Qualifications for Motor Vehicle Price Inspectors/Calculators) | |
Motor vehicle prices may be inspected/calculated pursuant to Article 58 (1) 4 by the following persons:
1. | A professional engineer in mechanical field under Article 3 of the Professional Engineers Act who has completed the training on motor vehicle price inspection/calculation as prescribed by Presidential Decree; |
2. | A person, being at least as a license-holder of the craftsman motor vehicles maintenance, who also holds a license concerning motor vehicle diagnosis/appraisal which is officially accredited by the Minister of Land, Infrastructure and Transport pursuant to Article 2 of the Framework Act on Qualifications. |
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
[Moved from Article 58-4; Previous Article 58-5 moved to Article 58-6]
Article 58-6 (Revocation of Purchase and Sales Agreements) | |
(1) | A motor vehicle purchaser who has concluded a purchase and sales agreement through a motor vehicle dealer’s dealing or mediation of the sale may, where the relevant motor vehicle falls under any of the following cases, withdraw from such agreement within 30 days from the date of delivery of the motor vehicle: |
1. | Where the relevant motor vehicle’s mileages, records of accidents or flooding are different from the information reported pursuant to Article 58 (1) 1; |
2. | Where the matter prescribed in Article 58 (1) 1 or 2 was fraudulently reported or was not reported. |
(2) | Where a motor vehicle purchaser has revoked a purchase and sales agreement pursuant to paragraph (1), he or she shall promptly return the motor vehicle to the motor vehicle dealer. |
(3) | A motor vehicle dealer shall simultaneously return to the motor vehicle purchaser any preliminarily received sales amount, in exchange for the return of motor vehicle pursuant to paragraph (2). |
[This Article Newly Inserted by Act No. 13933, Jan. 28, 2016]
[Moved from Article 58-5]
Article 59 (Management of Motor Vehicles for Sale) | |
(1) | In any of the following cases, a motor vehicle dealer shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply where a motor vehicle is displayed at an auction house under Article 60: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Where a motor vehicle for sale is displayed at a place of business; |
2. | Where a motor vehicle for sale is sold; |
3. | Where a motor vehicle for sale is not sold and returned to its owner. |
(2) | A motor vehicle dealer shall comply with the following: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15321, Dec. 26, 2017> |
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1. | Managing a motor vehicle for sale displayed at a motor vehicle dealer's place of business in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport; |
2. | Preparing a register for managing motor vehicle transactions and keeping said register until the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
3. | Ensuring that each of his or her employees engaged in the sale of motor vehicles displays their identity, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
4. | Ensuring that each of his or her employees engaged in the sale of motor vehicles completes educational courses concerning rules, etc. on the sale of motor vehicles, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to protect the rights and interests of motor vehicle buyers. |
(3) | No motor vehicle dealer shall ask an inspector of the performance and condition of a motor vehicle to fraudulently inspect the performance and condition of the structure, devices, etc. of the motor vehicle. <Newly Inserted by Act No. 14950, Oct. 24, 2017> |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 60 (Establishment and Operation of Motor Vehicle Auction Houses) | |
(1) | A motor vehicle dealer or an association comprised of a group of motor vehicle dealers under Article 67 may open and operate a motor vehicle auction house (hereinafter referred to as "auction house"), by preparing certain fixed standards for facilities and human resources for the motor vehicle auction, and obtaining approval thereof from the Mayor/Do Governor, if it is deemed necessary for formation of the reasonable price of motor vehicles for sale, the feasible adjustment of demand and supply, the fostering and development of the motor vehicle management business and the establishment of a transaction order. The same shall also apply to any modification to the approved matters: Provided, That the same shall not apply to any modification to insignificant matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13933, Jan. 28, 2016> |
(2) | Matters regarding the standards and procedures of approval, etc. with regard to the facility standards and human resources standards for the facilities of an auction house, etc. under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | A person who opens and operates an auction house (hereinafter referred to as "opener") shall comply with the following: |
1. | He or she shall conduct check and inspection concerning the registered matters and the safety and performance conditions of a motor vehicle which is an object of auction, etc. and notify the results thereof to a person who intends to participate in the auction; |
2. | He or she shall not violate this Act or an order or a disposition issued under this Act. |
(4) | Matters regarding the standards for check and inspection concerning a motor vehicle which is an object of auction under paragraph (3) 1 and the notification method of inspection results, etc. shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(5) | For an auction house as prescribed by this Act, the provisions concerning an auction house or a market as prescribed by other statutes shall not apply. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 61 Deleted. <by Act No. 5968, Apr. 15, 1999> | |
Article 62 (Participation in Auction) | |
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Auction participants shall pay a deposit to an opener to guarantee the payment of price of successful bid for a motor vehicle, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 63 (Refusal to Take over Auctioned Motor Vehicles) | |
(1) | Where a successful bidder refuses or neglects to take over an auctioned motor vehicle within the agreed-upon period without justifiable cause, an opener shall keep the motor vehicle for a specific period at the expense of the relevant successful bidder or urge him or her to take it over. |
(2) | An opener may put an auctioned motor vehicle up again at auction, where a successful bidder fails to take the auctioned motor vehicle over or there is any other unavoidable reason after keeping the auctioned motor vehicle for a fixed period or urging the successful bidder to take it over under paragraph (1). |
(3) | Losses caused by re-auction, etc. as prescribed in paragraph (2) shall be covered by the successful bidder as prescribed in paragraph (1). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 64 (Appointment of Persons in Charge of Inspection and Maintenance) | |
(1) | A motor vehicle maintenance business entity shall appoint a person in charge of inspection and maintenance who will deal with matters concerning the inspection and maintenance of a motor vehicle (hereinafter referred to as "person in charge of maintenance") and report the appointment thereof to the head of a Si/Gun/Gu. The same shall also apply to the dismissal of a person in charge of maintenance. |
(2) | Where a person in charge of maintenance violates this Act or any order or disposition made under this Act, the head of a Si/Gun/Gu may order the relevant motor vehicle maintenance business entity to dismiss the person in charge of maintenance. In such cases, the dismissed person shall not be re-appointed as a person in charge of maintenance, unless six months have passed since the date of his or her dismissal. |
(3) | Matters regarding the qualification, duty, and education, etc. of persons in charge of maintenance under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 65 (Fees for Motor Vehicle Management Business Entities) | |
(1) | A motor vehicle management business entity may collect a fee or charge, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | A motor vehicle scrapping and recycling business entity shall pay to the owner of the relevant motor vehicle, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the balance after deducting the cost required for motor vehicle scrapping from the estimated value of a motor vehicle for scrapping: Provided, That where the cost required for motor vehicle scrapping exceeds the estimated value of the motor vehicle, he or she may collect the expense in excess, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Where there is a difference between the fee or charge collected in advance from the person in receipt of a motor vehicle for application for the registration of transfer of ownership of the motor vehicle under the main sentence of Article 12 (2) and the real expense incurred in application for the registration of transfer of ownership, the motor vehicle dealer shall notify the transferee of the fact within 30 days from the date of application for the registration of transfer, and shall return the whole amount of difference. <Newly Inserted by Act No. 12146, Dec. 30, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 65-2 (Registration of Providing Information on Motor Vehicles for Sale Online) | |
(1) | Any person who intends to provide motor vehicle dealers with the information specified in paragraph (3) on motor vehicles for sale through a website (including an application used in mobile phones; hereafter in this Article the same shall apply), so that motor vehicle dealers can purchase motor vehicles from the owners of motor vehicles (excluding corporations; hereafter in this Article the same shall apply), shall meet the standards for registration prescribed by Presidential Decree; and shall be registered with the head of a Si/Gun/Gu. The same shall also apply where it is intended to modify the registration with regard to any of the important matters specified by Presidential Decree, among registered matters. |
(2) | A person who intends to be registered under paragraph (1) shall file an application with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(3) | A person registered under paragraph (1) (hereinafter referred to as "online information provider for motor vehicles for sale") shall provide information on the following matters with regard to motor vehicles for sale through a website: |
1. | Mileage of each motor vehicle; |
2. | Photographs of the interior and exterior of each motor vehicle, taken as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
3. | The information specified by Ordinance of the Ministry of Land, Infrastructure and Transport, among the information on management of motor vehicle records referred to in Article 69-2; |
4. | Purchase price offered for each motor vehicle by a motor vehicle dealer and the method of delivery. |
(4) | An online information provider for motor vehicles for sale shall preserve records of the mileage and registration number of each motor vehicle, the price offered by a motor vehicle dealer for the motor vehicle, the final purchase price, and the registration number of the motor vehicle management business of the motor vehicle dealer, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
(5) | No online information provider for motor vehicles for sale shall provide online information on motor vehicles for sale to any person other than motor vehicle dealers. |
(6) | Article 54 shall apply mutatis mutandis to grounds for disqualification of an online information provider for motor vehicles for sale. In such cases, "motor vehicle management business" shall be construed as "providing information on motor vehicles for sale online", "Article 53" as "Article 65-2", and "person who has made the registration for the motor vehicle management business (hereinafter referred to as "motor vehicle management business entity")" as "online information provider for motor vehicles for sale". |
[This Article Newly Inserted by Act No. 14950, Oct. 24, 2017]
Article 66 (Revocation or Suspension of Business) | |
(1) | Where a motor vehicle management business entity falls under any of the following cases, the head of a Si/Gun/Gu may revoke registration of the relevant business; or may order that such business be fully or partially suspended for a specific period not exceeding six months: Provided, That where such business entity falls under subparagraph 1, 15 or 16, the head of a Si/Gun/Gu shall revoke registration of such business: <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12146, Dec. 30, 2013; Act No. 12217, Jan. 7, 2014; Act No. 12986, Jan. 6, 2015; Act No. 13486, Aug. 11, 2015; Act No. 13933, Jan. 28, 2016; Act No. 14950, Oct. 24, 2017; Act No. 16101, Dec. 31, 2018> |
1. | Where he or she has made a registration by fraud or other wrongful means; |
2. | Where he or she fails to commence the business within six months after being registered or a business entity who is registered discontinues the business for at least one year; |
3. | Where he or she has modified any matter registered without having he modified matter registered, in violation of the latter part of Article 53 (1); |
4. | Where he or she fails to meet the registration standards prescribed in Article 53 (3) or to comply with the conditions prescribed in paragraph (4) of the same Article; |
5. | Where he or she has transferred, acquired by transfer or merged the registered motor vehicle management business without reporting such, in violation of Article 55 (1); |
6. | Where he or she fails to comply with a business improvement order, as prescribed in Article 56 (1); |
7. | Where he or she violates any of the subparagraphs of Article 57 (1); |
8. | Where he or she fails to record, manage, and keep them, in violation of Article 58 (7); |
9. | Where he or she fails to subscribe guaranty insurance, in violation of Article 58-3 (2); or has commenced the motor vehicle transaction business without depositing a bond; |
10. | Where he or she has collected a fee or charge in excess of the relevant one prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 65 (1); |
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11. | Where it is deemed inappropriate for him or her to continue the business due to unsound business operation, unsound financial structure, or other grounds; |
12. | Where a motor vehicle dealer falls under any of the following cases: |
(a) | Where he or she has sold a motor vehicle or conducted brokerage for sale and purchase of a motor vehicle, but not applied for registration of transfer, in violation of Article 12 (2); |
(b) | Where he or she has intermediated motor vehicle transactions upon receipt of a request to intermediate motor vehicle transactions from a person who is not the owner recorded on the register, in violation of Article 57 (3) 1; |
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(c) | Where he or she has released false or exaggerated labelling and advertisement, in violation of Article 57 (3) 2; |
(d) | Where he or she has failed to make a notification or made a false notification, in violation of Article 58 (1) 1 or 2; |
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(e) | Where he or she has undergone the performance and condition checkup as prescribed in Article 58 (1) by a person who fails to meet the standards for facilities, equipment and qualification, in violation of paragraph (2) of the same Article; |
(f) | Where he or she has not returned to the motor vehicle purchaser the payment for such motor vehicle received, in violation of Article 58-6 (3); |
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(g) | Where he or she has failed to file a report or filed a false report, in violation of Article 59 (1); |
(h) | Where he or she has failed to comply with the matters prescribed in Article 59 (2); |
13. | Where a motor vehicle maintenance business entity falls under any of the following cases: |
(a) | Deleted; <by Act No. 11588, Dec. 18, 2012> |
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(b) | Where he or she has used machines and apparatuses not yet submitted to a precision test for the inspection or maintenance work of a motor vehicle, in violation of Article 40 (1); |
(c) | Where he or she has conducted an inspection or maintenance work at a place other than a business place registered under Article 53 (1): Provided, That the same shall not apply to any emergency measures for any malfunctioning motor vehicles, nor to any checkup and maintenance work in any island area, which is not connected to the mainland without any motor vehicle maintenance business entity; |
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(d) | Where he or she has performed maintenance work on a motor vehicle in excess of the scope of the subdivided motor vehicle maintenance business work, in violation of Article 53 (2); |
(e) | Where he or she has tuned a motor vehicle without obtaining approval under Article 34 (including cases to which it applies mutatis mutandis in Article 52), in violation of Article 57 (2), or has tuned the motor vehicle inconsistently with what was approved for him or her; |
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(f) | Where he or she has checked performance or conditions referred to in Article 58 (1) falsely; or has given notification of information inconsistent with the details of checkup to the motor vehicle dealer; |
(g) | Where he or she has failed to comply with any matter prescribed in Article 58 (4); |
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(h) | Where he or she has failed to appoint a person in charge of inspection and maintenance or failed to report the appointment or dismissal of a person in charge of inspection and maintenance, in violation of Article 64 (1); |
(i) | Where he or she has failed to comply with an order to dismiss a person in charge of inspection and maintenance, in violation of Article 64 (2); |
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14. | Where a motor vehicle scrapping and recycling business entity falls under any of the following cases: |
(a) | Where he or she has failed to file an application for registration for cancellation of a motor vehicle which was requested for scrapping, in violation of Article 13(2); |
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(b) | Where he or she has scrapped a motor vehicle at a place other than a place for scrapping business registered under Article 53 (1); |
(c) | Where he or she has scrapped a motor vehicle requested for motor vehicle scrapping, as prescribed in Article 58 (5) 1, whose identification number, etc. is different from the details recorded on the motor vehicle registration certificate; |
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(d) | Where he or she has failed to scrap a motor vehicle which was requested for scrapping, in violation of Article 58 (5) 2, or has failed to abolish the motor vehicle registration certificate, the registration license plate, and the seal of the relevant motor vehicle to make them unusable; |
(e) | Where he or she fails to pay to an owner of a motor vehicle in violation of Article 65 (2), the balance from the estimated value of a motor vehicle for scrapping after deducting the cost required for motor vehicle scrapping; |
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15. | Where he or she has operated the business during the period of business suspension, in violation of an order for business suspension under this Article; |
16. | Where a motor vehicle management business entity reports a business closure to the head of a tax office having jurisdiction over the place of tax payment, or his or her business registration made under Article 8 (8) of the Value-Added Tax Act, Article 168 of the Income Tax Act or Article 111 of the Corporate Tax Actbecomes deregistered. |
(2) | Where the motor vehicle manufacturer, etc. prescribed in Article 34 (2) tunes a motor vehicle not approved pursuant to Article 34 or tunes differently from what was approved under the same Article, the Minister of Land, Infrastructure and Transport may revoke registration of his or her business; or may order him or her to fully or partially suspend his or her business within a specified period of up to six months. <Newly Inserted by Act No. 13486, Aug. 11, 2015> |
(3) | If necessary for ascertaining whether a motor vehicle management business entity satisfies criteria for revocation of registration under paragraph (1) 16, the head of a Si/Gun/Gu may request the head of the competent tax office to provide information on whether the motor vehicle management business entity has closed its business. The head of the competent tax office so requested shall provide information on whether the business of the motor vehicle management business entity is closed in accordance with Article 36 (1) of the Electronic Government Act. <Newly Inserted by Act No. 14864, Aug. 9, 2017> |
(4) | In any of the following cases, the head of a Si/Gun/Gu may revoke registration as an online information provider for motor vehicles for sale; or may order an online information provider for motor vehicles for sale to fully or partially suspend his or her business operations for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1, the registration shall be revoked: <Newly Inserted by Act No. 14950, Oct. 24, 2017> |
1. | Where an online information provider for motor vehicles for sale has been registered by fraud or other improper means; |
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2. | Where an online information provider for motor vehicles for sale fails to comply with an improvement order issued under Article 56 (2); |
3. | Where an online information provider for motor vehicles for sale ceases to meet any of the standards for registration under Article 65-2 (1); |
4. | Where an online information provider for motor vehicles for sale fails to preserve records of the mileage and registration number of a motor vehicle, the price offered by a motor vehicle dealer for the motor vehicle, the final purchase price, and the registration number of the motor vehicle management business of the motor vehicle dealer, in violation of Article 65-2 (4); |
5. | Where an online information provider for motor vehicles for sale has provided online information on motor vehicles for sale to any person other than motor vehicle dealers, in violation of Article 65-2 (5). |
(5) | Matters regarding the criteria and procedures for taking administrative dispositions prescribed in paragraphs (1), (2), and (4) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13486, Aug. 11, 2015; Act No. 14950, Oct. 24, 2017> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 67 (Establishment of Trade Associations) | |
(1) | Motor vehicle management business entities may establish an association or a union (hereinafter referred to as "association, etc.") comprised of motor vehicle management business entities according to the classification prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, upon obtaining authorization from the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor, if deemed necessary for the sound development of motor vehicle management business and the establishment of its order. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | An association, etc. shall be established as a juristic person. |
(3) | In order to establish an association, etc., at least 1/5 of the members or those qualified for the membership of the association, etc. shall propose the establishment, prepare the articles of association with the consent of at least 1/3 of the members or those qualified for the membership of the association at the inaugural general meeting, and apply for authorization for such establishment. <Amended by Act No. 11190, Jan 17, 2012> |
(4) | An association, etc. shall perform the following affairs: <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
1. | through 3. Deleted; <by Act No. 10721, May 24, 2011> |
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4. | Autonomous guidance for motor vehicle management business entities; |
5. | Conducting affairs delegated by, and instructions from, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor; |
6. | Affairs necessary for joint development of the motor vehicle management business entities of the association, etc. |
(5) | Matters regarding the articles of association or the guidance and supervision, etc., of an association, etc., shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport or municipal ordinance. <Amended by Act No. 11690, Mar. 23, 2013> |
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(6) | Except as otherwise prescribed by this Act, the provisions of the Civil Act concerning an incorporated association shall apply mutatis mutandis to the association, etc. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 68 (Federation) | |
(1) | Associations, etc. may establish a federation of such associations, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, upon obtaining authorization from the Minister of Land, Infrastructure and Transport, for the purpose of achieving the common goals. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
(2) | The federation shall perform the following affairs: <Newly Inserted by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
1. | Investigation and research to improve the facilities of the motor vehicle management business and to develop technology; |
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2. | Education and training of managers and employees; |
3. | Investigation and research of the systems of commissions and fees; |
4. | Performance of the affairs entrusted by the Minister of Land, Infrastructure and Transport and the affairs instructed by the Minister; |
5. | Management and supervision of performance of affairs of associations, etc.; |
6. | Affairs necessary for promoting the motor vehicle management business. |
(3) | Article 67 (2), (3), (5) and (6) shall apply mutatis mutandis to the federation established under paragraph (1). <Amended by Act No. 10721, May 24, 2011> |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
CHAPTER VII-2 INTERNATIONAL COMPATIBILITY OF MOTOR VEHICLE SAFETY STANDARDS
Article 68-2 (International Compatibility of Motor Vehicle Safety Standards) | |
(1) | To ensure the compatibility of Korean safety standards for motor vehicles, motor vehicle parts, and pressure-resistant containers with the corresponding international standards (hereinafter referred to as "international compatibility of motor vehicle safety standards, etc."), the Minister of Land, Infrastructure and Transport shall research and analyze international standards, and formulate and implement a plan for international cooperation on the relevant information, technology, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The Minister of Land, Infrastructure and Transport shall provide administrative or financial support to the companies, institutions, organizations related to the safety standards for motor vehicles, motor vehicle parts, and pressure-resistant containers for their international cooperation activities. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 68-3 (Formulation of Master Plan for International Compatibility) | |
(1) | The Minister of Land, Infrastructure and Transport shall formulate and implement a master plan for international compatibility of motor vehicle safety standards, etc. (hereinafter referred to as "master plan for international compatibility"). <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The following matters shall be included in the master plan for international compatibility: |
1. | Current status and conditions of international compatibility of motor vehicle safety standards, etc.; |
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2. | Objectives and phased promotional strategy for international compatibility of motor vehicle safety standards, etc.; |
3. | Matters on research and development on international compatibility of motor vehicle safety standards, etc.; |
4. | Matters on procurement and operation of resources necessary for international compatibility of motor vehicle safety standards, etc.; |
5. | Matters on the promotional or collaborative system for international compatibility of motor vehicle safety standards, etc.; |
6. | Other matters necessary for international compatibility of motor vehicle safety standards, etc. |
(3) | Where the Minister of Land, Infrastructure and Transport intends to formulate a master plan for international compatibility, he or she shall, after hearing opinions of the head of a relevant central administrative agency, finalize it after deliberation by the National Transport Commission under Article 106 of the National Transport System Efficiency Act. The same shall also apply to any proposed modification to the existing master plan (excluding any modification to insignificant matters prescribed by Presidential Decree). <Amended by Act No. 11690, Mar. 23, 2013> |
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[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 68-4 (Designation of Responsible Agency) | |
(1) | The Minister of Land, Infrastructure and Transport may designate a responsible agency in order to efficiently conduct professional technology reviews and measures for improvement, necessary for ensuring international compatibility of motor vehicle safety standards, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The standards and procedures for designation of a responsible agency under paragraph (1), and other necessary matters, shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 68-5 (Research and Development concerning International Compatibility of Motor Vehicle Safety Standards) | |
(1) | The Minister of Land, Infrastructure and Transport may conduct the following business for international compatibility of motor vehicle safety standards, etc.; <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Research and development, and transfer and dissemination, of the technology for international compatibility of motor vehicle safety standards, etc.; |
2. | Formulation and amendment of Korean motor vehicle safety standards relating to international compatibility of motor vehicle safety standards, etc.; |
3. | International cooperation and exchanges for international compatibility of motor vehicle safety standards, etc.; |
4. | Support for strengthening technology competitiveness of small and medium enterprises for international compatibility of motor vehicle safety standards, etc. |
(2) | The Minister of Land, Infrastructure and Transport may have any of the following entities to conduct the business referred to in paragraph (1): Provided, That the Minister shall subsidize the funds required for research and development, within budgetary limits: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | A government-invested research institute established under the Act on the Establishment, Operation and Fostering of Government-funded Research Institutes; |
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2. | A motor vehicle manufacturer, etc. and parts manufacturer, etc.; |
3. | A performance test agent; |
4. | A motor vehicle-related research institution which is an incorporated foundation under the Civil Act or other statutes; |
5. | A university or graduate school which is established under the Higher Education Act or under the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City; |
6. | Other motor vehicle-related research institutions prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 68-6 (Management of Motor Vehicles with New Technology) | |
The Minister of Land, Infrastructure and Transport may take necessary measures as prescribed in a mutual recognition agreement or free trade agreement, etc. between the States with regard to the importation and exportation of the motor vehicles, motor vehicle parts or equipment, which are manufactured, etc. by applying new technologies or features. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 68-7 (Training of Experts) | |
(1) | In order to systematically train experts necessary for developing motor vehicle technology, the Minister of Land, Infrastructure and Transport may provide a person who conducts any of the following projects with administrative and financial support: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Training of motor vehicle-related experts in such areas as machinery, electricity, electronics, etc.; |
2. | Development and dissemination of motor vehicle-related educational programs; |
3. | Other projects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in order to train motor vehicle-related experts. |
(2) | Where necessary to support the businesses in paragraph (1), the Minister of Land, Infrastructure and Transport may designate an agency or organization, etc. relating to the training of motor vehicle-related experts as a collaborative institution. <Amended by Act No. 11690, Mar. 23, 2013> |
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[This Article Newly Inserted by Act No. 10721, May 24, 2011]
Article 68-8 (Pilot Projects) | |
(1) | Where the Minister of Land, Infrastructure and Transport deems it necessary to facilitate the research on, and development of, and the use and distribution of motor vehicle technology, he or she may conduct a pilot project, as determined by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The Minister of Land, Infrastructure and Transport may provide a person who participates in a pilot project under paragraph (1) with administrative, financial and technological support. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
CHAPTER VII-3 ESTABLISHMENT OF MOTOR VEHICLE SERVICE MULTIPLE COMPLEXES
Article 68-9 (Formulation of National Master Plan for Development of Motor Vehicle Service Multiple Complexes) | |
(1) | The Minister of Land, Infrastructure and Transport may formulate a national master plan for the development of a motor vehicle service industrial multiple complex (hereinafter referred to as “motor vehicle service multiple complex”) necessary to collectively establish/foster the facilities concerning motor vehicles and related commercial/cultural facilities for motor vehicles’ registration, sales, inspection, distribution of parts, exhibition and advertisement, etc. |
(2) | The national master plan for the motor vehicle service multiple complex under paragraph (1) shall include the matters falling under each of the following: |
1. | Direction of implementing efficient development of the motor vehicle service multiple complex; |
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2. | Inspection and analysis of the status on facilities concerning major motor vehicle service; |
3. | Analysis on the needs of development and geographical location of the motor vehicle service multiple complex; |
4. | Rough estimation of project costs required for establishment of the motor vehicle service multiple complex; |
5. | Other matters prescribed by Presidential Decree, as required for development and vitalization of the motor vehicle service multiple complex. |
(3) | Matters regarding the procedures, etc. concerning formulation and amendments of the national master plan for the motor vehicle service multiple complex pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
Article 68-10 (Designation and Development of Motor Vehicle Service Multiple Complexes) | |
(1) | The Mayor/Do Governor may designate a motor vehicle service multiple complex to promote the convenience of users of motor vehicle-related services and to facilitate sound development of motor vehicle-related businesses. In such cases, even where the head of a Si/Gun/Gu requests designation of a necessary motor vehicle service multiple complex, the Mayor/Do Governor may also designate the same as requested. |
(2) | Articles 4, 5, and 7 through 10 of the Urban Development Act shall apply mutatis mutandis concerning the procedures for formulation, designation and revocation of a development project for the motor vehicle service multiple complex; Article 12 of the Urban Development Act shall apply mutatis mutandis concerning the entrusted development project for the motor vehicle service multiple complex; Articles 17 through 19 of the Urban Development Act shall apply mutatis mutandisconcerning the preparation, authorization, public notification of an implementation plan for the motor vehicle service multiple complex and other agenda of relevant authorization/permission upon formulating and authorizing the implementation plan; and Articles 28 through 32, 32-2, 32-3, 33 through 36, 36-2, and 37 through 49 of the Urban Development Act shall apply mutatis mutandis where implementing the business of the motor vehicle service multiple complex in the method of land substitution. In such cases, the term “urban development zone” shall be construed as “motor vehicle service multiple complex”, the term “development plan for urban development zone” shall be construed as “development plan for the motor vehicle service multiple complex”, the term “implementation plan for urban development project” shall be construed as “implementation plan for the motor vehicle service multiple complex”, and the term “implementation of urban development project” shall be construed as “implementation of a project for the motor vehicle service multiple complex”, respectively. |
(3) | Articles 50 through 52 of the Urban Development Act shall apply mutatis mutandis concerning the agenda of relevant authorization/permission, etc. in connection with the pre-delivery inspection, public notification of completion of construction and the completion of construction of the development project for the motor vehicle service multiple complex; Articles 54, 59, and 71 of the Urban Development Act shall apply mutatis mutandis concerning the cost-bearing, subsidization, or loan and the reduction and exemption of taxes and apportionments in a development project for the motor vehicle service multiple complex; Articles 64 and 65 of the Urban Development Act shall apply mutatis mutandis concerning access to land owned by third persons in order to construct the motor vehicle service multiple complex and the indemnification for loss, etc. incurred by the land-access; Articles 66 and 68 of the Urban Development Act shall apply mutatis mutandisconcerning the restriction on disposal of the State-owned and publicly-owned lands within the land for developing the motor vehicle service multiple complex and concerning the reversion of ownership of the public facilities created by the aforementioned development project; and Article 75 of the Urban Development Actshall apply mutatis mutandis concerning the administrative dispositions where violating the relevant laws, etc. by a developer of the project for the motor vehicle service multiple complex. In such cases, the term “urban development zone” shall be construed as “motor vehicle service multiple complex”, the term “development plan for urban development zone” shall be construed as “development plan for the motor vehicle service multiple complex”, the term “implementation plan for urban development project” shall be construed as “implementation plan for the motor vehicle service multiple complex”, and the term “implementation of urban development project” shall be construed as “implementation of a project for the motor vehicle service multiple complex”, respectively. |
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
Article 68-11 (Developers in Development Projects for Motor Vehicle Service Multiple Complexes) | |
Notwithstanding Article 11 of the Urban Development Act, the persons who can be designated as the developer in a development project for the motor vehicle service multiple complex shall be the following persons:
1. | The State or local government; |
2. | An institution prescribed by Presidential Decree among the public institutions prescribed in the Act on the Management of Public Institutions; |
3. | Local public enterprises prescribed by the Local Public Enterprises Act; |
4. | A corporation incorporated pursuant to special statutes; |
5. | An owner of the target land for the motor vehicle service multiple complex (the person in receipt of a reclamation license in accordance with Article 28 of the Public Waters Management and Reclamation Act shall be deemed the owner of the relevant public waters and the public waters shall be deemed such land; and in cases of the eminent domain or the method of use pursuant to Article 21 of the Urban Development Act, referring to the person who owns at least two thirds of the motor vehicle service multiple complex excluding the State-owned and publicly-owned lands in the multiple complex.); |
6. | A corporation satisfying the requirements prescribed by Presidential Decree, incorporated by a person prescribed in subparagraphs 1 through 5 who participates in capital contribution for the purpose of developing the motor vehicle service multiple complex. |
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
Article 68-12 (Expropriation and Use of Land) | |
Notwithstanding Article 22 of the Urban Development Act, a person who can expropriate or use the land, etc. necessary for implementation of a project shall be the project developer who falls under subparagraphs 1 through 4 of Article 68-11 or the project developer who falls under subparagraph 6 of Article 69-11 if a person falling under subparagraphs 1 through 4 makes more than 50/100 of the total investment in the corporation in subparagraph 6 of Article 68-11.
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
Article 68-13 (Construction Permission and Approval for Use of Motor Vehicle Service Multiple Complexes) | |
(1) | Where a person who intends to construct a motor vehicle-related facility or a supportive motor vehicle service facility within the motor vehicle service multiple complex has received construction permission pursuant to Article 11 of the Building Act, he or she shall be deemed to have received the following relevant authorization, permission, etc.: <Amended by Act No. 14532, Jan. 17, 2017> |
1. | Permission for or reports on the construction of temporary buildings pursuant to Article 20 (1) and (3) of the Building Act, and reports on construction of the structure prescribed in Article 83 of the same Act; |
2. | Permission to construct a high-pressure gas storage pursuant to Article 4 (3) of the High-Pressure Gas Safety Control Act; |
3. | Permission to engage in the activities of development pursuant to Article 56 (1) 1 of the National Land Planning and Utilization Act; designation of a developer of the urban/military planning facility project pursuant to Article 86 of the same Act; authorization of the implementation plan pursuant to Article 88 of the same Act; |
4. | Permission for or reports on the establishment of discharge facilities pursuant to Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act and Article 8 of the Noise and Vibration Control Act; |
5. | Permission for the occupation and use of roads pursuant to Article 61 of the Road Act; |
6. | Consent to the permission, etc. for construction pursuant to Article 7 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act; reports on the construction of fire-fighting system pursuant to Article 13 (1) of the Fire-Fighting System Installation Business Act; permission for the establishment of a manufactory, etc. pursuant to Article 6 (1) of the Safety Control of Dangerous Substances Act; |
7. | Permission to establish a liquified petroleum gas storage pursuant to Article 6 (1) of the Safety Control and Business of Liquefied Petroleum Gas Act; |
8. | Authorization for or reports on the plan to construct an electric facility for private use pursuant to Article 62 of the Electric Utility Act; |
9. | Application for registration of the land movement pursuant to Article 64 (2) of the Act on the Establishment, Management of Spatial Data; |
10. | Permission to construct a temporary storage of explosives pursuant to Article 25 (1) of the Act on Control of Guns, Swords and Explosives; |
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11. | Reports on construction of the facility subject to the control of specified land contamination prescribed in Article 12 of the Soil Environment Conservation Act; |
12. | Permission for the occupation and use pursuant to Article 24 of the Sewerage Act; reports on the establishment of draining facilities pursuant to Article 27 (3) of the same Act; establishment of a private sewage treatment facility pursuant to Article 34 (2) of the same Act. |
(2) | Where a matter falling under any subparagraph of paragraph (1) falls within the jurisdiction of the administrative institution other than the relevant Mayor/DoGovernor or the head of a Si/Gun/Gu, the relevant Mayor/Do Governor or the head of the Si/Gun/Gu shall pre-consult with the head of the aforementioned administrative institution. |
(3) | Where a person who has constructed a motor vehicle-related facility or a supportive motor vehicle service facility within the motor vehicle service multiple complex in accordance with paragraph (1), or a person who has constructed a motor vehicle-related facility or a supportive motor vehicle service facility after he or she is deemed to have received the required construction permission in accordance with the authorization of an implementation plan formulated under Article 17 of the Urban Development Act, obtains approval of use pursuant to Article 22 of the Building Act with respect to the relevant facility, he or she shall be deemed to have undergone or made the following inspection or report, etc.: <Amended by Act No. 14532, Jan. 17, 2017> |
1. | Inspection upon completion of constructing the facility or container, etc. for manufacturing, storing, selling, importing the high-pressure gas prescribed in Article 16 (3) of the High-Pressure Gas Safety Control Act; inspection upon completion of the facility for use of the specified high-pressure gas prescribed in Article 20 of the same Act; |
2. | Inspection upon completion of construction pursuant to Article 62 (1) of the National Land Planning and Utilization Act; inspection upon completion of construction pursuant to Article 98 (1) of the same Act; |
3. | Reports on commencing operation of the discharge and prevention facilities pursuant to Article 30 of the Clean Air Conservation Act and Article 37 of the Water Environment Conservation Act; |
4. | Inspection upon completion of construction pursuant to Article 14 of the Fire-Fighting System Installation Business Act, inspection upon completion of constructing the manufactory, etc. prescribed in Article 9 of the Safety Control of Dangerous Substances Act; |
5. | Inspection upon completion of the construction of the storage facility or gas supplies-manufacturing facility prescribed in Article 18 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act; |
6. | Inspection prior to using the electric facilities for private use under Article 63 of the Electric Utility Act; |
7. | Inspection prior to use pursuant to Article 36 of the Information and Communications Construction Business Act; |
8. | Inspection upon completion pursuant to Article 43 of the Act on Control of Guns, Swords and Explosives; |
9. | Inspection upon completion of construction of the private sewage treatment facility pursuant to Article 37 of the Sewerage Act. |
(4) | The head of the central administrative agency which governs the statutes and regulations concerning the matters falling under any subparagraph of paragraph (1) shall notify the standards for disposition of the matters to the Minister of Land, Infrastructure and Transport. Where the aforementioned standard is altered, the same shall also apply. |
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(5) | Where the Minister of Land, Infrastructure and Transport receives notification of the standards for disposition pursuant to paragraph (4), he or she shall consolidate and publicly notify them. The same shall also apply where he or she receives any notification of alteration of the publicly-notified standards for disposition. |
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 69 (Electronic Processing of Motor Vehicle Management Affairs) | |
(1) | If deemed necessary for the efficient management of motor vehicles, the Minister of Land, Infrastructure and Transport may handle affairs prescribed by this Act using an electronic information processing organization pursuant to Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | A person who intends to use data processed by the electronic information processing organization as prescribed in paragraph (1) (hereinafter referred to as "electronic data") shall obtain approval from the Minister of Land, Infrastructure and Transport after deliberation by the head of the relevant central administrative agency, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | Upon receipt of a request for approval under paragraph (2), the Minister of Land, Infrastructure and Transport may grant approval thereof, only where it is deemed that there is no harm when the motor vehicle management affairs are performed and it does not violate the privacy and freedom of a motor vehicle owner. In such cases, he or she may grant approval, limiting such use. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | Matters regarding the range of the use of electronic data and the standards for deliberation and approval, etc. thereof, as prescribed in paragraphs (2) and (3) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 69-2 (Provision of Information on Management of Motor Vehicle Records) | |
(1) | The Minister of Land, Infrastructure and Transport may provide a motor vehicle owner, etc. with the comprehensive records of his or her motor vehicle, such as the manufacturing, registering, inspecting, maintaining, and scraping of the motor vehicle (hereinafter referred to as “information on management of motor vehicle records”). |
(2) | A person who intends to obtain the information on management of motor vehicle records pursuant to paragraph (1) shall request, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport for provision of the information through the electronic complaint help desk under Article 9 (2) of the Electronic Government Act. |
(3) | When the Minister of Land, Infrastructure and Transport provides information to any persons other than a motor vehicle owner pursuant to paragraph (2), he or she shall obtain the motor vehicle owner’s consent and take other measures necessary to protect the motor vehicle owner’s personal information. |
(4) | Matters necessary for taking measures to protect personal information pursuant to paragraph (3), details of the information available for provision, recipients of information to be provided, and methods of providing information shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12986, Jan 6, 2015]
Article 70 (Special Cases concerning Motor Vehicle Management) | |
Notwithstanding the provisions of this Act, the registration (referring to report on use, in the case of a two-wheeled motor vehicle), self authentication of motor vehicles or motor vehicle parts, inspection, maintenance, testing, motor vehicle scrapping, registration license plate (referring to the license plate of a two-wheeled motor vehicle, in the case of a two-wheeled motor vehicle), and seal of a motor vehicle which falls under any of the following subparagraphs, shall conform to the provisions of Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. | Motor vehicle owned by diplomats stationed in the Republic of Korea; |
2. | Private motor vehicle used by the members of, and related people working for, military affairs of the United States Army stationed in the Republic of Korea or their families; |
3. | Motor vehicle owned by the employees of the United Nations or international organizations equivalent thereto; |
4. | Motor vehicle operated within the Korean territory among motor vehicles owned by the people of the Party to the Convention On Road Traffic (excluding natives) and motor vehicles operated in a member country of the Party to the Convention on Road Traffic (excluding the Republic of Korea) from among motor vehicles registered in the Korean territory; |
5. | Motor vehicle temporarily imported under the condition that it will be re-exported under the Customs Act; |
6. | Motor vehicle deemed especially necessary for the maintenance of national security and public safety, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
7. | Motor vehicles used only at a place other than roads (referring to roads and other places used for general traffic, as prescribed by the Road Act); |
8. | Motor vehicles manufactured and assembled for export. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 71 (Prohibition on Illegal Use) | |
(1) | No person shall fabricate, alter, or use illegally a motor vehicle registration certificate, a document certifying the fact of motor vehicle scrapping, a registration license plate, a temporary operation permit, a temporary operation permit license plate, a mark of self authentication of motor vehicles or motor vehicle parts, a carve or mark of inspection of pressure-resistant containers, a carve or mark of re-examination of pressure-resistant containers, a certificate of new inspection, a two-wheeled motor vehicle license plate, a mark of a motor vehicle chassis, and a mark of an engine model, as prescribed by this Act, nor sell, intermediate the transaction of, give, receive, or use those fabricated or altered. <Amended by Act No. 10721, May 24, 2011> |
(2) | No person shall manipulate the odometer of a motor vehicle: Provided, That the foregoing shall not apply where it is necessary to change the odometer due to malfunction, destruction, or any other unavoidable cause prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 72 (Reporting and Inspections) | |
(1) | If deemed necessary for the affairs of motor vehicle management, the Minister of Land, Infrastructure and Transport, the Minister of Environment (only pertaining to services related to comprehensive inspections), the Mayor/Do Governor, or the head of a Si/Gun/Gu may require the following persons to report on such management or affairs: <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14950, Oct. 24, 2017; Act No. 15681, Jun. 12, 2018> |
1. | A user of a motor vehicle; |
2. | An agent of a registration license plate issuance; |
3. | A person who marks the identification number of a motor vehicle and the number of an engine model under Article 22 (including cases to which it applies mutatis mutandis in Article 52); |
4. | A manufacturer, etc. of a motor vehicle; |
5. | A manufacturer, etc. of motor vehicle parts; |
5-2. | A manufacturer, etc. of pressure-resistant containers; |
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6. | A manufacturer, etc. of machines and apparatuses; |
7. | A motor vehicle inspection agent; |
8. | A comprehensive inspection agent; |
9. | A designated maintenance business entity; |
10. | A designated maintenance business entity for comprehensive inspection; |
11. | An official approval institution specialized in a taximeter; |
12. | A motor vehicle management business entity; |
13. | An agency authenticating replacement parts; |
14. | An online information provider for motor vehicles for sale; |
15. | A person to whom the authority over approval of tuning work for motor vehicles is entrusted under Article 77 (8). |
(2) | The Minister of Land, Infrastructure and Transport, the Minister of Environment (only pertaining to services related to comprehensive inspections), the Mayor/DoGovernor, or the head of a Si/Gun/Gu, if it is deemed necessary, may require a competent public official to access the facilities, equipment, motor vehicle, place of business, or business office of a person falling under any subparagraph of paragraph (1) and inspect the relevant motor vehicle, account books, documents, and other relevant items or inquire related persons. In such cases, the Minister of Environment shall have the entrance and inspection of the person who conducts the general inspection jointly conducted. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | When conducting inspection under paragraph (2), a person who conducts inspection shall notify the plan of inspection including the date, purpose and details of the inspection, etc. to the target person of inspection by no later than seven days before the inspection: Provided, That in the case of urgent inspection or where it is deemed that the purpose of inspection cannot be achieved by notifying the plan of inspection in advance, the person who conducts inspection may not give a prior notice, and shall prepare an ex-post facto report immediately after such inspection. |
(4) | A public official making entrance and conducting inspection under paragraph (2) shall carry the certificate indicating his or her authority to do so, and present it to related persons. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 72-2 (Request for Data) | |
(1) | Where necessary for inspection of motor vehicles (including two-wheeled vehicles) and for efficient operation of managerial affairs, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor (including the person who is entrusted/sub-entrusted or delegated by the Minister or the Mayor/DoGovernor pursuant to Articles 77 (1) through (4) and 77 (9)) may request the State institutions, local governments, the public institutions under the Act on the Management of Public Institutions, the insurance companies and the quantum institutions for calculating insurance premium rate under the Insurance Business Act and other relevant institutions, etc. to submit necessary data. |
(2) | A person requested to provide data pursuant to paragraph (1) shall comply, unless he or she has a justifiable reason not to do so. |
[This Article Newly Inserted by Act No. 13486, Aug. 11, 2015]
Article 73 (Prohibition Measures for Violations) | |
(1) | Where any of the following offences occurs, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu may require a relevant public official to order prohibition of such offence or investigate and identify the instrument or facilities used therefor and make other necessary dispositions (hereinafter referred to as "control"): <Amended by Act No. 11588, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 15321, Dec. 26, 2017> |
1. | Dismantling or manipulating any device of a motor vehicle without permission in violation of Article 35; |
2. | Maintaining a motor vehicle in violation of Article 36; |
3. | Operating the motor vehicle management business without making registration in violation of Article 53 (1). |
(2) | Where a relevant public official maintains control as prescribed in paragraph (1), he or she shall immediately deliver a document where the detail of control is recorded to a person who is kept under control. |
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(3) | If it is necessary for control as prescribed in paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gumay request cooperation from an association, etc. established under Article 67 and a federation established under Article 68. <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | Article 72 (4) shall apply mutatis mutandis to relevant public officials who maintain control under paragraph (1). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 73-2 (Inspections of Conformity with Motor Vehicle Safety Standards) | |
(1) | In order to ascertain whether any motor vehicle not conforming with the safety standards for motor vehicles is operated in violation of Article 29 (1), the Minister of Land, Infrastructure and Transport may instruct relevant public officials or safety controllers for motor vehicles (referring to the persons in charge of safety control of motor vehicles, among executive officers and employees of the Korea Transportation Safety Authority; hereinafter the same shall apply) to inspect motor vehicles in operation. |
(2) | No owner or operator of a motor vehicle in operation shall refuse, interfere with, or evade an inspection conducted under paragraph (1), without justifiable grounds. |
(3) | Article 72 (4) shall apply mutatis mutandis to relevant public officials or safety controllers for motor vehicles, conducting an inspection under paragraph (1). |
[This Article Newly Inserted by Act No. 15321, Dec. 26, 2017]
Article 74 (Imposition of Penalty Surcharges) | |
(1) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall render a disposition suspending affairs or business (hereinafter referred to as "disposition of suspension") to an agent of a registration license plate issuance, a motor vehicle inspection agent, a comprehensive inspection agent, an official approving institution specialized in a taximeter, or a motor vehicle management business entity where he or she falls under Article 21, 45-3 (1), 47 (5), or 66 (1), he or she may impose a penalty surcharge not exceeding 10 million won on such person or institution, in lieu of the disposition of suspension thereto, as prescribed by Presidential Decree, when the disposition of suspension may cause substantial inconvenience to general users or impair public interests: Provided, That he or she may impose a penalty surcharge not exceeding 50 million won, in cases of replacing the disposition of suspension for a comprehensive inspection agent in relation to the comprehensive inspection. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | The Minister of Land, Infrastructure and Transport may impose on any of the following persons a penalty surcharge not exceeding 1/100 of the turnover of said motor vehicles, motor vehicle parts or pressure-resistant containers (in cases of exceeding 10 billion won, it shall be 10 billion won: Provided, That this shall not apply to subparagraph 3): <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13686, Dec. 29, 2015> |
1. | Any person who has sold a motor vehicle which does not satisfy the safety standards for motor vehicles, in violation of Article 30 (1) (including cases to which it applies mutatis mutandis in Article 52); |
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2. | Any person who has sold the motor vehicle parts not in compliance with the safety standards for motor vehicle parts, in violation of Article 30-2 (1) (including cases to which it applies mutatis mutandis in Article 52); |
3. | Any person who has failed to rectify, pursuant to Article 31, the defects such as non-conformity to the safety standards for motor vehicles or motor vehicle parts or other defects of impeding safe operation of motor vehicles without delay after identifying the defects, in violation of Article 30 (1) or 30-2 (1) (including the cases to which it applies mutatis mutandis in Article 52); |
4. | Any person who has sold pressure-resistant containers that fail to pass the test of pressure-resistant containers, in violation of Article 35-6 (1). |
(3) | The amount of penalty surcharges, depending on the type and severity of an offence subject to penalty surcharges under paragraph (1) or (2), and other necessary matters shall be determined by Presidential Decree. |
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(4) | Where the penalty surcharge prescribed in paragraph (1) or (2) is not paid by the due date, the Minister of Land, Infrastructure and Transport, the Mayor/DoGovernor, or the head of a Si/Gun/Gu shall collect it in the same manner as delinquent national taxes are collected or under the Act on the Collection of Local Non-Tax Revenue, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11998, Aug. 6, 2013> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 74-2 (Compensation for Damage) | |
With respect to the property and/or bodily damage caused by a failure to rectify the defects without delay after identification thereof pursuant to Article 31, the motor vehicle manufacturers, etc. or the motor vehicle parts manufacturers, etc. are liable to compensate for the damage.
[This Article Newly Inserted by Act No. 13686, Dec. 29, 2015]
The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall hold a hearing to take any of the following dispositions: <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13686, Dec. 29, 2015; Act No. 14950, Oct. 24, 2017>
1. | Revocation of designation as prescribed in Articles 21, 30-6 (1), 45-3 (1), and 47 (5); |
2. | Revocation of registration as prescribed in Article 30 (6) or 30-2 (4); |
3. | Orders to suspend manufacturing, assembly, import or sale pursuant to Article 30-3 (1) (including the case as applicable mutatis mutandis in Article 52); |
4. | Orders to correct defects of motor vehicles or motor vehicle parts pursuant to the main sentence of Article 31 (3) (including cases applicable mutatis mutandis in Article 52); |
5. | Revocation of authentication pursuant to Article 32 (2); |
5-2. | Orders to suspend manufacturing, import or sale pursuant to Article 35-9 (1) (excluding cases falling under Article 35-10 (3) among the cases falling under Article 35-9 (1) 2); |
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5-3. | Orders to recall pressure-resistant containers, etc. pursuant to Article 35-10 (2); |
6. | Revocation of registration as prescribed in Articles 54 (2) (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Article 65-2 (6)) and 66; |
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7. | Imposition of the penalty surcharge under the provisions of Article 74 (2). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Any of the following persons shall pay a fee to the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, the head of a Si/Gun/Gu, or a performance test agent, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (referring to Joint Ordinance in cases of an application for the designation of a designated maintenance business entity of comprehensive inspection or for comprehensive inspection): Provided, That where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu delegates or entrusts the affairs concerning the technology review and safety inspection of motor vehicles under Article 30 (3) (including the cases as applicable mutatis mutandis in Article 52), a performance test of parts or devices of a motor vehicle under Article 32 (3) (including the cases as applicable mutatis mutandis in Article 52), the test of pressure-resistant containers under Article 35-6 (1), the installation test of pressure-resistant containers under Article 35-7 (1), the re-examination of pressure-resistant containers under Article 35-8, the motor vehicle inspection under Article 44 (1), the comprehensive inspection under Article 44-2 (1), the regular inspection under Article 45 (1), the comprehensive inspection under Article 45-2 (1), the official approval of a taximeter under Article 47 (2), the affairs of taking as a proxy the measures necessary for revocation of an attachment, the exemption of self authentication, the precision test of machines and apparatuses and the provision of information on management of motor vehicle records pursuant to Article 77 (6), the affairs concerning the registration requested electronically (including the electronic and digitalized documents under the Electronic Government Act; hereinafter the same shall apply) pursuant to Article 77 (7), the approval of tuning of a motor vehicle under Article 77 (8), and vicarious execution or entrustment of affairs on installation or operation of the electronic information processing organization under Article 77 (10), a fee as determined by a person who performs the respective affairs as an agent or a person who is entrusted with the respective affairs shall be paid to him or her: <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12217, Jan. 7, 2014; Act No. 12986, Jan. 6, 2015>
1. | A person who makes an application for perusal of the register or delivery of its certified copy or abridged copy under Article 7 (4); |
2. | A person who makes an application for registration under Articles 8 (1), 11 (1), 12 (1), and 13 (1); |
2-2. | A person who requests taking the measures necessary for revocation of an attachment pursuant to Article 14-2 and who intends to revoke registration of an attachment; |
3. | A person who makes an application for re-issuance of a motor vehicle registration certificate under Article 18 (2); |
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4. | A person for whom the delivery of a registration license plate or a two-wheeled motor vehicle license plate or sealing is made under Articles 19 and 49; |
5. | A person who requests designation of a registration license plate issuance agent, a motor vehicle inspection agent, a comprehensive inspection agent, a designated maintenance business entity, a designated maintenance business entity for comprehensive inspection, or an official approval institution specialized in a taximeter under Article 20, 44, 44-2, 45, 45-2, or 47; |
6. | A person who requests temporary operation permission for a motor vehicle under Article 27; |
7. | A person who requests the technology review and safety inspection of a motor vehicle under the provisions of Article 30 (3) (including the case as applicable mutatis mutandis in Article 52); |
8. | A person who requests the exemption of self authentication under Article 30-4 (including the case as applicable mutatis mutandis in Article 52); |
9. | A person who undergoes the performance test of parts or devices used on a motor vehicle under the provisions of Article 32 (including the case as applicable mutatis mutandis in Article 52); |
10. | A person who requests the approval of tuning of a motor vehicle or a two-wheeled motor vehicle under Article 34 (including cases to which it applies mutatis mutandis in Article 52); |
10-2. | A person who requests the test of pressure-resistant containers pursuant to Article 35-6 (1); |
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10-3. | A person who requests the installation test of pressure-resistant containers pursuant to Article 35-7 (1); |
10-4. | A person who requests the re-examination of pressure-resistant containers pursuant to Article 35-8 (1); |
11. | A person who requests the precision test of machines and apparatuses under Article 40; |
12. | A person who requests the motor vehicle inspection or comprehensive inspection under Article 43 or 43-2; |
13. | A person who requests the official approval of taximeter under Article 47; |
14. | A person who requests the registration of motor vehicle management business or the registration of modification under Article 53; |
15. | A person who makes report on transfer, acquisition or merger of a motor vehicle management business under Article 55 (1) or (2); |
16. | A person who requests the approval of establishment of an auction house under Article 60 (1); |
17. | A person who requests the use of electronic data under Article 69 (2); |
18. | A person who requests provision of the information on management of motor vehicle records pursuant to Article 69-2 (2). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 77 (Delegation and Entrustment of Authority) | |
(1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(2) | Part of the authority of the Minister of Land, Infrastructure and Transport and the Minister of Environment over the comprehensive inspection jointly conducted as prescribed by this Act may be delegated to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
(3) | The Mayor/Do Governor may re-delegate part of his or her authority delegated under paragraph (1) or (2) to the head of a Si/Gun/Gu (excluding a Special Self-Governing Province Governor), obtaining approval from the Minister of Land, Infrastructure and Transport (referring to the Minister of Land, Infrastructure and Transport and the Minister of Environment in a case falling under paragraph (2)). <Amended by Act No. 11690, Mar. 23, 2013> |
(4) | Part of the authority of the Mayor/Do Governor as prescribed by this Act may be delegated to the head of a Si/Gun/Gu (excluding a Special Self-Governing Province Governor), as prescribed by Presidential Decree. |
(5) | The Minister of Land, Infrastructure and Transport may entrust a motor vehicle inspection agent with the following affairs, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013> |
1. | Affairs regarding approval for erasing marks, etc. under the proviso to Article 23 (1) (including the case as applicable mutatis mutandis in Article 52); |
2. | Affairs regarding orders to erase marks or receive marks under Article 23 (2) (including the case as applicable mutatis mutandis in Article 52). |
(6) | The Minister of Land, Infrastructure and Transport may entrust the Korea Transportation Safety Authority with the following affairs, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan 6, 2015; Act No. 14939, Oct. 24, 2017> |
1. | Affairs regarding acting as a proxy the affairs required for de-registration of seizure pursuant to Article 14-2 (1); |
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2. | Affairs regarding the exemption of self authentication under Article 30-4 (including the case as applicable mutatis mutandis in Article 52); |
3. | Affairs regarding the precision test of machines and apparatuses under Article 40 (1) (including the case as applicable mutatis mutandis in Article 47 (4)); |
4. | Affairs regarding the provision of information on management of motor vehicle records pursuant to Article 69-2 (1). |
(7) | Using the electronic information processing organization under Article 69, the Mayor/Do Governor may entrust the electronically-received affairs of registration under Articles 7 through 8, 9 through 12, 12-2, 13, 14, 14-3, 16 and 27 to the Korea Transportation Safety Authority. <Newly Inserted by Act No. 12986, Jan. 6, 2015; Act No. 14939, Oct. 24, 2017> |
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(8) | The head of a Si/Gun/Gu may entrust the authority over granting approval as prescribed in Article 34 (including the case as applicable mutatis mutandis in Article 52) and the authority over acceptance of reports as prescribed in Articles 59 (1) and 64 (1) to the Korea Transportation Safety Authority, an association, etc. or a federation under Article 68, as prescribed by Presidential Decree. <Amended by Act No. 12986, Jan. 6, 2015; Act No. 14939, Oct. 24, 2017> |
(9) | The head of a Si/Gun/Gu may delegate his or her authority over two-wheeled motor vehicles to the head of a Eup/Myeon/Dong or the head of a branch office. <Amended by Act No. 12986, Jan 6, 2015> |
(10) | The Minister of Land, Infrastructure and Transport may entrust the authority over establishment/operation of the electronic information processing organization under Article 69 to the Korea Transportation Safety Authority, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act, No. 12986, Jan. 6, 2015; Act No. 14939, Oct. 24, 2017> |
(11) | The Minister of Land, Infrastructure and Transport may entrust the following affairs to the Korea Gas Safety Corporation pursuant to Article 28 of the High-Pressure Gas Safety Control Act, as prescribed by Presidential Decree: <Newly Inserted by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12986, Jan. 6, 2015> |
1. | Affairs on the test of pressure-resistant containers pursuant to Article 35-6 (1); |
2. | Affairs on the destruction of pressure-resistant containers pursuant to Article 35-6 (2); |
3. | Affairs on the carve or mark on pressure-resistant containers pursuant to Article 35-6 (3). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 77-2 (Legal Fiction as Public Officials for Application of Penalty Provisions) | |
A person who has been engaged in operations that fall under any of the following shall be deemed a public official in the application of Articles 129 through 132 of the Criminal Act: <Amended by Act No. 10721, May 24, 2011; Act No. 12986, Jan. 6, 2015; Act No. 14950, Oct. 24, 2017; Act No. 15321, Dec. 26, 2017>
1. | Affairs of vicariously executing the issuance of registration license plate, etc. under Article 20 (1) (including the case as applicable mutatis mutandis in Article 52); |
2. | Affairs of the technology review and safety inspection in relation to the confirmation of the fulfillment of self-authentication criteria under Article 30 (3) (including the case as applicable mutatis mutandis in Article 52); |
3. | Affairs of vicariously executing the performance test under Article 32 (3) (including the case as applicable mutatis mutandis in Article 52); |
3-2. | Affairs of the test of pressure-resistant containers pursuant to Article 35-6; |
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3-3. | Affairs of the installation test of pressure-resistant containers pursuant to Article 35-7; |
3-4. | Affairs of the re-examination of pressure-resistant containers pursuant to Article 35-8; |
4. | Affairs of vicariously executing the motor vehicle inspection and comprehensive inspection under Articles 44 and 44-2; |
5. | Affairs of conducting the regular inspection under Article 45; |
6. | Affairs of conducting the comprehensive inspection under Article 45-2; |
7. | Affairs of vicariously executing the official approval of a taximeter under Article 47; |
7-2. | Affairs of the Committee for Deliberation on Safety and Defects of Motor Vehicles under Article 47-2 (2) and the operation and administrative processing of the Committee for Deliberation on Safety and Defects of Motor Vehicles under Article 47-11 (1); |
8. | Affairs of conducting inspections of conformity with safety standards for motor vehicles under Article 73-2; |
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9. | Affairs entrusted under Article 77 (5) through (8). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 77-3 (Review of Regulation) | |
(1) | With respect to Article 30 (4) that requires the marking of self authentication of a motor vehicle, the Government shall review feasibility of the abolishment, mitigation or maintenance, etc. of the self-certification requirement every four years as of December 31, 2008. |
(2) | With respect to Article 57 (1) 2 that prohibits the lease or occupation and use of all or some of the place of business of motor vehicle to another person, the Government shall review feasibility of abolishment, mitigation or maintenance, etc. of prohibited activities every four years as of December 31, 2008. |
[This Article Newly Inserted by Act No. 10721, May 24, 2011]
CHAPTER IX PENALTY PROVISIONS
Article 78 (Penalty Provisions) | |
Any of the following persons shall be punished by imprisonment with labor for not more than 10 years or a fine of not more than 100 million won: <Amended by Act No. 10721, May 24, 2011; Act No. 12986, Jan. 6, 2015; Act No. 13686, Dec. 29, 2015>
1. | A person who has concealed or reduced defects, or disclosed defects to the public by falsity, or failed to correct such defects without delay after his or her identification thereof, in violation of the provisions of Article 31 (1) (including cases applicable mutatis mutandis in Article 52); |
2. | A person who has fabricated, altered or illegally used a motor vehicle registration certificate and a person who has sold, intermediated the sale of, given/received or used the fabricated or altered motor vehicle registration certificate, in violation of Article 71 (1). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 78-2 (Penalty Provisions) | |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or a fine of not more than 50 million won: <Amended by Act No. 13686, Dec. 29, 2015; Act No. 13933, Jan. 28, 2016>
1. | A person who has conducted a comprehensive inspection of a motor vehicle without obtaining the designation prescribed in Article 44-2 or 45-2; |
2. | A person who has developed or circulated a program in order to impair electricity/electronic devices of the motor vehicle which has obtained self authentication pursuant to Article 30. |
[This Article Newly Inserted by Act No. 9449, Feb. 6, 2009]
Article 79 (Penalty Provisions) | |
Any of the following persons shall be punished by imprisonment with labor for not more than three years, or a by fine not exceeding 30 million won: <Amended by Act No. 10721, May 24, 2011; Act No. 11588, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12146, Dec. 30, 2013; Act No. 12986, Jan 6, 2015; Act No. 13486, Aug. 11, 2015; Act No. 13686, Dec. 29, 2015; Act No. 13933, Jan. 28, 2016; Act No. 15321, Dec. 26, 2017>
1. | A person who issues a registration license plate; conducted a motor vehicle inspection; or granted official approval for taximeter without having been designated by the Minister of Land, Infrastructure and Transport under Article 20, 44, 45, or 47; |
2. | A motor vehicle manufacturer or seller, etc. (excluding persons entrusted with sale) who violates Article 29-3 (1); |
3. | A person who fails to notify a buyer of the installation of an accident recording device, in violation of Article 29-3 (2); |
4. | A person who fails to provide or fraudulently provides the information prescribed in Article 29-3 (3) 1 or the written report on results prescribed in Article 29-3 (3) 2, in violation of Article 29-3 (3); |
5. | A person who performs a self authentication of a motor vehicle prescribed in Article 30 or a self authentication of motor vehicle parts prescribed in Article 30-2 by fraud or other wrongful means; |
5-2. | A person who dismantles or manipulates the device restricting the maximum speed of a motor vehicle without permission, in violation of Article 35; |
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6. | A person who passes the test of pressure-resistant containers prescribed in Article 35-6 (1) by fraud or other wrongful means; |
7. | A person who uses a pressure-resistant container that failed the test of pressure-resistant containers, in violation of Article 35-6 (4); |
8. | A person who transfers, rents, or uses pressure-resistant containers, in violation of Article 35-6 (5); |
9. | A person who fails to pass the installation test of pressure-resistant containers prescribed in Article 35-7 (1); |
10. | A person who fails to pass the re-examination of pressure-resistant containers, in violation of Article 35-8 (1); |
11. | A person who transfers, rents, or uses pressure-resistant containers, in violation of Article 35-8 (4); |
12. | A person who alters an officially-approved taximeter prescribed in Article 47 without permission or uses such altered taximeter, or a person who manufactures, repairs, or imports a taximeter without obtaining official approval or sells or arranges the sale of such taximeter; |
13. | A person who engages in motor vehicle management business without registering with the head of a Si/Gun/Gu, in violation of Article 53 (1); |
14. | A person who receives a request for the intermediation of motor vehicle transactions from a person who is not the owner recorded on the register and engages in the intermediation of motor vehicle transactions, in violation of Article 57 (3) 1; |
14-2. | A person, other than a motor vehicle scrapping business entity, in his or her pursuit of profit, who collects or purchases to collect the motor vehicles to be scrapped, or engages in any acts of intermediation for a motor vehicle scrapping business entity, in violation of Article 57-2; |
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15. | A person who opens and operates an auction house without obtaining approval, in violation of Article 60 (1); |
15-2. | A person who has performed a motor vehicle auction without establishing the auction house prescribed in Article 60; |
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16. | A person who manipulates the odometer of a motor vehicle, in violation of Article 71 (2); |
17. | A person who has, fraudulently or by other illegal methods, obtained the authorization of the implementation plan formulated under Article 17 of the Urban Development Act to be applied mutatis mutandis pursuant to Article 68-10 (2); |
18. | A person who has, fraudulently or by other illegal methods, undergone the inspection upon completion prescribed in Article 50 of the Urban Development Act to be applied mutatis mutandis pursuant to Article 68-10 (3); |
19. | A person who has, fraudulently or by other illegal methods, received the designation of the project developer pursuant to Article 68-11. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 80 (Penalty Provisions) | |
Any of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won: <Amended by Act No. 10721, May 24, 2011; Act 11588, Dec. 18, 2012; Act No. 12146, Dec. 30, 2013; Act No. 13486, Aug. 11, 2015; Act No. 13686, Dec. 29, 2015; Act No. 13933, Jan. 28, 2016; Act No. 14950, Oct. 24, 2017; Act No. 15321, Dec. 26, 2017>
1. | A person who operates a motor vehicle without making a registration, in violation of Article 5; |
2. | A person who fails to make a transfer registration under his or her own name and re-transfers such registration to the third party, in violation of the provisions of Article 12 (3); |
3. | A person who illegally performs a confirmation of a motor vehicle, a motor vehicle inspection, a regular inspection, a comprehensive inspection, or the official approval of a taximeter, as a performance test agent, a motor vehicle inspection agent, a comprehensive inspection agent, a designated maintenance business entity, a designated maintenance business entity for comprehensive inspection, or an official approval institution specialized in a taximeter or an employee thereof as prescribed in Articles 32 (3), 44 (1), 44-2 (1), 45 (1), 45-2 (1), and 47 (2), and a person who undergoes an illicit confirmation, inspection or official approval by furnishing goods or other benefits or by expressing any intent to furnish them; |
4. | A person who dismantles a device from a motor vehicle without permission, in violation of Article 35 (excluding cases falling under subparagraph 5-2 of Article 79); |
5. | A motor vehicle management business entity who violates Article 57 (1) (excluding cases falling under subparagraph 5) and (2); |
5-2. | The motor vehicle manufacturer, etc. who, in violation of Article 57 (2), has tuned a motor vehicle not approved pursuant to Article 34 or tuned it different from what was approved; |
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5-3. | A person who releases the false or exaggerated labelling and advertisement, in violation of Article 57 (3) 2; |
6. | A person who fails to notify the details of the checkup of performance and condition of structure, devices, etc. of a motor vehicle or whether or not making a registration of seizure or mortgage, in violation of Article 58 (1); |
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7. | A person who falsely inspects or notifies the performance and condition of structure, devices, etc. of a motor vehicle or a person who falsely notifies whether or not making a registration of seizure or mortgage, in violation of Article 58 (1); |
7-2. | A person who falsely provides the history of a motor vehicle and its seller information, in violation of Article 58 (3); |
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8. | A person who refuses the issuance of a document certifying the fact that a motor vehicle scrapping is requested or issues it falsely, in violation of Article 58 (5) 1; |
9. | A person who fails to scrap a motor vehicle for which motor vehicle scrapping is requested or who fails to abolish a motor vehicle registration certificate, a motor vehicle registration license plate and seal, in violation of Article 58 (5) 2; |
10. | A person who asks an inspector of the performance and condition of a motor vehicle to fraudulently inspect the performance and condition, in violation of Article 59 (3). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 81 (Penalty Provisions) | |
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine of not more than 10 million won: <Amended by Act No. 10721, May 24, 2011; Act No. 11449, May 23, 2012; Act No. 11588, Dec. 18, 2012; Act No. 12146, Dec. 30, 2013; Act No. 12217, Jan. 7, 2014; Act No. 13486, Aug. 11, 2015; Act No. 13686, Dec. 29, 2015; Act No. 14950, Oct. 24, 2017; Act No. 15321, Dec. 26, 2017>
1. | A person who removes a registration license plate or its seal, in violation of Article 10 (2) (including cases to which it applies mutatis mutandis in Article 10 (7)); |
1-2. | A person who shields a registration license plate on purpose or makes it illegible, in violation of Article 10 (5) (including cases to which it applies mutatis mutandis under Articles 10 (7) and 52); |
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1-3. | A person who manufactures, imports, sells, or provides a device that helps shield a registration license plate or makes it illegible, in violation of Article 10 (6) (including cases to which it applies mutatis mutandis in Article 10 (7)); |
2. | A person who fails to apply for the registration of transfer of motor vehicle ownership without any justifiable ground, in violation of Article 12 (1); |
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3. | A person who fails to apply for the registration of transfer of motor vehicle ownership, in violation of Article 12 (2); |
4. | A person who violates an order of suspension issued under Article 21; |
5. | A person who marks the identification number or engine model of a motor vehicle, in violation of Article 22 (2) (including cases applicable mutatis mutandis in Article 52); |
6. | A person who erases the identification number or engine model of a motor vehicle or makes it illegible, in violation of Article 23 (1) (including cases applicable mutatis mutandis in Article 52); |
7. | A person who violates an order on the mark prescribed in Article 23 (2) (including cases applicable mutatis mutandis in Article 52); |
7-2. | A person who has operated a motor vehicle, in violation of Article 24-2 (1); |
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8. | A person who engages in any prohibited act falling under the subparagraphs of Article 26 (1) (including cases applicable mutatis mutandis in Article 52), in violation of Article 26 (1); |
9. | A person who conducts self authentication of motor vehicles not incompliance with the safety standards for motor vehicles, in violation of Article 30 (1) (including cases applicable mutatis mutandis in Article 52, and excluding cases falling under Article 74 (2)); |
10. | A person who performs self authentication of motor vehicles without making a registration of the facilities for manufacture, test, inspection, etc. of motor vehicles, in violation of Article 30 (2) (including cases applicable mutatis mutandis in Article 52); |
11. | A person who performs self certification of motor vehicles without undergoing technology review and safety inspection from a performance test agent, in violation of Article 30 (3) (including cases applicable mutatis mutandis in Article 52); |
12. | A person who marks self authentication of motor vehicles without notifying the specifications of a motor vehicle to a performance test agent, in violation of Article 30 (4) (including cases applicable mutatis mutandis in Article 52); |
13. | A person who performs self authentication of parts not in compliance with the safety standards for parts, in violation of Article 30-2 (1) (including cases applicable mutatis mutandis in Article 52, and excluding cases falling under Article 74 (2)); |
14. | A person who performs self authentication of parts without making registration of the name of a part manufacturer, type of a motor vehicle part, etc., in violation of Article 30-2 (2) and (3) (including cases applicable mutatis mutandis in Article 52); |
15. | A person who marks self authentication of parts without notifying the specifications of parts to a part performance test agent, in violation of Article 30-2 (3) (including cases applicable mutatis mutandis in Article 52); |
15-2. | A person who has forged the mark of self authentication of parts prescribed in Article 30-2 (3) or a person who, for his or her business, has distributed/sold or used a motor vehicle part which lacks the mark of self authentication of parts; |
16. | A person who violates an order to suspend the manufacture, assembly, import or sales of motor vehicles, motor vehicle parts and replacement parts prescribed in Article 30-3 (1) (including cases applicable mutatis mutandis in Article 52); |
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17. | A person who violates an order of execution prescribed in Article 32-2 (5); |
18. | A person who fails to record and retain data on the details of purchasers, etc., in violation of Article 33 (2) (including cases applicable mutatis mutandis in Article 52); |
19. | A person who has tuned a motor vehicle without obtaining approval from the head of a Si/Gun/Gu, in violation of Article 34 (including cases applicable mutatis mutandis in Article 52); |
20. | A person who operates a motor vehicle, being aware that its structure, etc. had been tuned, in violation of Article 34 (including cases applicable mutatis mutandisin Article 52); |
20-2. | A person who operates, or has another person operate, a motor vehicle, being aware that the device restricting the maximum speed of the motor vehicle has been dismantled or manipulated without permission, in violation of Article 35; |
20-3. | A person who displays, for the purpose of sales, the pressure-resistant containers, in violation of Article 35-6 (5); |
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20-4. | A person who displays, for the purpose of sales, the pressure-resistant containers, in violation of Article 35-8 (4); |
20-5. | A person who violates an order of suspension of manufacture, import or sale of pressure-resistant containers pursuant to Article 35-9 (1); |
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20-6. | A person who violates an order of recall, etc. of pressure-resistant containers pursuant to Article 35-10 (2) and (3); |
20-7. | A person who fails to record and retain the data on the details, etc. of purchasers, in violation of Article 35-11 (2); |
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21. | A person who maintains a motor vehicle, in violation of Article 36; |
22. | A person who violates an order of inspection, maintenance, test or restoration to its original condition prescribed in Article 37 (including cases applicable mutatis mutandis in Article 52); |
22-2. | A person who manipulates or alters, or has another person manipulate or alter, any value set in a machine or instrument used for inspections of motor vehicles according to the standards for the inspection of motor vehicles or any value measured by a machine or instrument, in violation of Article 43 (7) (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Article 43-2 (3)); |
23. | A person who violates an order of suspension of all or part of tasks of motor vehicle inspection agents prescribed in Article 45-3 (1); |
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24. | A person who violates the order of dismissal or suspension of a duty prescribed in Article 46 (2); |
25. | A person who violates an order of suspension of all or part of tasks prescribed in Article 47 (5); |
25-2. | A person who fails to fulfill the guarantee liability for an inspection of performance and condition as the inspector of the performance and condition of a motor vehicle, in violation of Article 58-4 (1); |
25-3. | A person who conducts an inspection of the performance and condition of a motor vehicle, without carrying insurance, as an inspector of the performance and condition of the motor vehicle, in violation of Article 58-4 (2); |
26. | A person who fails to submit a report, in violation of Article 59 (1); |
27. | A person who fails to comply with requirements, in violation of Article 60 (3); |
27-2. | A person who fails to return the whole amount of difference, in violation of Article 65 (3); |
27-3. | A person who provides online service of providing information on motor vehicles for sale without being registered with the head of a Si/Gun/Gu, in violation of Article 65-2 (1); |
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28. | A person who violates an order of suspension of all or part of business prescribed in Article 66. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 82 (Penalty Provisions) | |
Any of the following persons shall be punished by a fine not exceeding one million won: <Amended by Act No. 12217, Jan. 7, 2014; Act No. 12986, Jan. 6, 2015; Act No. 13486, Aug. 11, 2015>
1. | Deleted; <by Act No. 10721, May 24, 2011> |
1-2. | A person who affixes or seals a registration license plate in violation of Article 10 (9), or who operates any motor vehicles violating the same; |
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2. | A person who fails to return a registration license plate and a seal without justifiable grounds in violation of Article 13 (1) and (5); |
2-2. | A person who operates a motor vehicle in violation of the order to suspend operation under Article 24-2 (2); |
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3. | A person who fails to receive the precision test of machine or apparatuses in violation of Article 40 (1); |
4. | A person who fails to receive the inspection of a tuned motor vehicle in violation of Article 43 (1) 3; |
5. | A person who fails to receive a provisional inspection of motor vehicle in violation of Article 43 (1) 4; |
5-2. | A person who appoints a skilled technician whose period of abstention is not yet passed, in violation of Article 46 (3); |
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6. | A person who fails to report a person in charge of maintenance in violation of Article 64 (1); |
7. | A person who has received an order to dismiss a person in charge of maintenance under Article 64 (2) but fails to do so. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 83 (Joint Penalty Provisions) | |
Where a representative of a juristic person, or an agent, servant or any other employee of a juristic person or individual violates the provisions of Articles 78, 78-2, and 79 through 82 in connection with the affairs of the juristic person or individual, the fine as prescribed in the respective Article shall also be imposed on the juristic person or individual in addition to the punishment of the offender: Provided, That the same shall not apply where a juristic person or an individual has paid considerable attention to the relevant affairs in order to prevent such violation.
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 84 (Administrative Fines) | |
(1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Newly Inserted by Act No. 10721, May 24, 2011; Act No. 14950, Oct. 24, 2017; Act No. 15321, Dec. 26, 2017> |
1. | A person who fails to report to the Minister of Land, Infrastructure and Transport information on the operation of an autonomous driving motor vehicle, traffic accidents, etc., in violation of Article 27 (5), or who submits a false report on such matters; |
2. | A person who fails to report the matters specified in Article 31 (5) or who submits a false report on such matters; |
3. | A person who fails to inform the owner of a motor vehicle of details of defects and a plan for gratuitous repair, in violation of Article 32-2 (4); |
4. | A person who violates an order issued under Article 35-10 (4) to suspend or restrict the use of a motor vehicle with built-in pressure-resistant containers or to dispose of high-pressure gas. |
(2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Newly Inserted by Act No. 14950, Oct. 24, 2017> |
1. | A person who operates a motor vehicle without a registration license plate attached or placed under seal (excluding cases where a motor vehicle is operated with a temporary operation permit attached thereto under Article 27 (2)), in violation of Article 10 (4) (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Article 10 (7)); |
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2. | A person who operates a motor vehicle with its registration license plate covered or made illegible (excluding the persons falling under subparagraph 1-2 of Article 81), in violation of Article 10 (5) (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Articles 10 (7) and 52); |
3. | A person who fails to indicate the vehicle identification number and the engine model in accordance with Article 22 (1) (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Article 52); |
4. | A person who operates a motor vehicle for any purpose other than the purpose prescribed in the temporary operation permit issued under Article 27 (1); |
5. | A person who operates a motor vehicle with a temporary operation permit or a temporary operation permit license plate attached thereto, in violation of Article 27(3). |
(3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 9867, Dec. 29, 2009; Act No. 10721, May 24, 2011; Act No. 11449, May 23, 2012; Act No. 11588, Dec. 18, 2012; Act No. 12146, Dec. 30, 2013; Act No. 12217, Jan. 7, 2014; Act No. 13486, Aug. 11, 2015; Act No. 14950, Oct. 24, 2017; Act No. 15321, Dec. 26, 2017; Act No. 15736, Aug. 14, 2018> |
1. | A person who fails to apply for new registration, in violation of Article 8 (3); |
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1-2. | A person who sells a motor vehicle without notifying the buyer that the same motor vehicle has been returned to the manufacturer (including that the motor vehicle was returned upon request for replacement or refund under Article 47-2, if the motor vehicle was a returned one), in violation of Article 8-2, or of whether any defect found before delivery has been repaired, the condition of such repaired motor vehicle, etc.; |
2. | A person who fails to attach a motor vehicle registration license plate or place it under seal, in violation of the proviso to Article 10 (1) (including cases to which it applies mutatis mutandis in Article 10 (7)); |
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3. | A person who fails to request reattachment and reseal of a motor vehicle registration number, in violation of Article 10 (3) (including cases to which it applies mutatis mutandis in Article 10 (7)); |
4. | Deleted; <by Act No. 14950, Oct. 24, 2017> |
5. | A person who fails to file an application for the de-registration of a motor vehicle, in violation of Article 13 (2); |
6. | A person who fails to report whether to execute export, in violation of Article 13 (8); |
7. | A person who fails to apply for new registration of the motor vehicle prescribed in Article 8 while he or she intends to have a motor vehicle registered which was canceled, in violation of Article 13 (10); |
8. | Deleted; <by Act No. 13486, Aug. 11, 2015> |
9. | Deleted; <by Act No. 14950, Oct. 24, 2017> |
10. | A person who operates a motor vehicle, in violation of an order of restrictions on operation prescribed in Article 25 (1); |
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11. | Deleted; <by Act No. 14950, Oct. 24, 2017> |
12. | A person who fails to return a temporary operation approval certificate and a temporary operation approval license plate, in violation of Article 27 (4); |
13. | A person who operates a motor vehicle not in breach of any of the safety standards for the motor vehicle or its part, the safety standards for liquified petroleum gas or electrical installations, in violation of Article 29, or has another person operate the respective motor vehicle; |
13-2. | A person who operates a motor vehicle installed with a pressure-resistant container not in breach of any of the safety standards for pressure-resistant containers, or has another person operate the respective motor vehicle, in violation of Article 35-5; |
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13-3. | A person who sells a replacement part knowing that the authentication of efficiency and quality of the replacement part prescribed in Article 30-5 was fraudulently conducted; |
14. | A person who refuses, interferes with, or evades confirmation, investigation, report, inspection, or control, or who makes a false statement on an inquiry, in violation of Articles 30-3 (2) (including cases applicable mutatis mutandis in Article 52), 31 (4) (including cases applicable mutatis mutandis in Article 52), 33 (3) (including cases applicable mutatis mutandis in Article 52), 72 (2), 73 (1), and 73-2 (2); |
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15. | A person who fails to make compensation, in violation of Article 31-2 (1) (including cases applicable mutatis mutandis in Article 52); |
15-2. | A person who operates a low-speed electric motor vehicle, in violation of Article 35-3 (2); |
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16. | A person who fails to report on suspension or closure of business, in violation of Article 45 (8) (including cases applicable mutatis mutandis in Article 45-2 (3)); |
17. | A person who uses a taximeter without obtaining official approval thereof, in violation of Article 47 (1); |
18. | A person who operates a two-wheeled motor vehicle without reporting its use, in violation of Article 48 (1); |
18-2. | A person who operates a two-wheeled motor vehicle without a two-wheeled motor vehicle license plate, in violation of Article 49 (1); |
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18-3. | A person who fails to have a license plate attached to a two-wheeled motor vehicle or fails to place the license plate under seal, in violation of the proviso to Article 49 (2); |
19. | A person who operates a two-wheeled motor vehicle not in breach of any of the safety standards for two-wheeled motor vehicles or two-wheeled motor vehicle parts or has a third party operate the said two-wheeled vehicle, in violation of Article 50; |
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20. | A person who runs a motor vehicle management business without completing the registration of modification, in violation of Article 53 (1); |
21. | A person who fails to report the transfer, acquisition by transfer, merger (limited to where he or she is a juristic person), suspension, or closure of a motor vehicle management business, in violation of Article 55; |
21-2. | A person who fails to provide the notice of a fee or charge or provides the notice thereof falsely, in violation of Article 58 (1) 3; |
22. | A motor vehicle maintenance business entity who violates any subparagraph of Article 58 (4); |
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23. | A person who fails to explain the liability for damage or issue a copy of the relevant certificate or an electronic document concerning the relevant certificate, in violation of Article 58-3 (4); |
24. | A person who fails to notify the amount of differences or notifies it falsely, in violation of Article 65 (3). |
(4) | Any of the following persons shall be subject to an administrative fine not exceeding five hundred thousand won: <Amended by Act No. 10721, May 24, 2011; Act No. 11449, May 23, 2012; Act No. 11588, Dec. 18, 2012; Act No. 13486, Aug. 11, 2015; Act No. 13686, Dec. 29, 2015; Act No. 14950, Oct. 24, 2017; Act No. 15736, Aug. 14, 2018> |
1. | Deleted; <by Act No. 14950, Oct. 24, 2017> |
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2. | A person who fails to file an application for the registration for modification, in violation of Article 11; |
2-2. | A person who fails to file an application for the registration for cancellation, in violation of Article 13 (1); |
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3. | A person who fails to provide a person who purchased a motor vehicle with data prescribed in Article 33 (1) and (4) (including cases applicable mutatis mutandisin Article 52); |
4. | Deleted; <by Act No. 11588, Dec. 18, 2012> |
5. | A person who fails to undergo a regular inspection conducted under Article 43 (1) 2: Provided, That a person falling under subparagraph 6 shall be excluded herefrom; |
6. | A person who fails to undergo a comprehensive inspection conducted under Article 43-2 (1); |
6-2. | A person who fails to report any change in, or disuse of, a two-wheeled motor vehicle, in violation of Article 48 (2); |
7. | A person who fails to attach a two-wheeled motor vehicle license plate or place it under seal, in violation of the proviso to Article 49 (2); |
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7-2. | A person who fails to transmit information to the electronic information processing organization, in violation of Article 8 (3) and 58 (8); |
8. | A person who fails to report under Article 72 (1) or who files a false report; |
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9. | A person who has fraudulently reported in order to receive a monetary award prescribed in Article 53-2. |
(5) | Administrative fines prescribed in paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the Mayor/DoGovernor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 10721, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14950, Oct. 24, 2017> |
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[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
CHAPTER X SPECIAL CASES CONCERNING DEALING WITH OFFENSES
Article 85 (Common Provisions) | |
(1) | The term "offense" in this Chapter means an illegal act constituting an offense provided for in subparagraph 13 of Article 79 (limited to a case where a motor vehicle maintenance business entity checks up and repairs any motor vehicle in slight violation of the registered scope under Article 53 (1)) or subparagraphs 2 and 8 of Article 81 and the specific scope thereof shall be prescribed by Presidential Decree. <Amended by Act No. 12986, Jan. 6, 2015> |
(2) | The term "offender" in this Chapter means a person who has committed an offense, but does not fall under any of the following: <Amended by Act No. 12217, Jan. 7, 2014> |
1. | A person who has committed the same illegal act within one year from the date on which he or she committed the offense; |
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2. | A motor vehicle maintenance business entity who has tuned a stolen motor vehicle or a motor vehicle violating the provisions of Article 34; |
3. | A person who has left a motor vehicle unattended after removing its registration license plate and damaging its identification number; |
4. | A person for whom it is deemed unreasonable to take a disposition of notice, considering his or her motive of committing an offense, the means by which such offense is committed and consequences thereof, etc. |
(3) | The term "penalty" in this Chapter means the money that an offender is liable to pay to the treasury of a Si/Gun/Gu which has made a disposition of notice under Article 86. |
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(4) | The investigation of any offense shall be executed by prosecutors, judicial police officers or the public officials (hereinafter referred to as "special judicial police officer") designated in accordance with subparagraph 35 of Article 5 of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties. <Amended by Act No. 13486, Aug. 11, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 86 (Dispositions of Notice) | |
(1) | A Mayor/Do Governor (excluding the Mayor/Do Governor who has delegated his or her authority over registration of transfer prescribed in Article 12 pursuant to Article 77 (4); hereinafter the same shall apply), a mayor of a Special Self-Governing City, the head of a Si/Gun/Gu or the relevant chief of police may have any person who is deemed an offender subject to a penalty surcharge payment notice to pay such penalty surcharge, specifying the grounds therefor: Provided, That the same shall not apply to any of the following persons: <Amended by Act No. 13686, Dec. 29, 2015> |
1. | Person whose name or domicile is unidentifiable; |
2. | Person who refuses to receive a penalty payment notice. |
(2) | The amount of the penalty on which a notice is served under paragraph (1) shall be prescribed by Presidential Decree within the scope of the fines set by this Act against the relevant violation, depending on the type and extent of any offense. |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 87 (Payment of Penalty) | |
(1) | Any person in receipt of a penalty payment notice prescribed in Article 86 shall pay the penalty to the revenue agency designated by a Mayor/Do Governor, a major of a Special Self-Governing City, the head of a Si/Gun/Gu or the relevant chief of police within 10 days from the date on which he or she receives such notice: Provided, That where he or she is unable to pay such penalty due to any calamity or force majeure, or unavoidable grounds within such period, he or she shall pay such penalty within five days from the date on which such unavoidable grounds cease to exist. <Amended by Act No. 13686, Dec. 29, 2015> |
(2) | Any person dissatisfied with the penalty payment notice prescribed in paragraph (1) may raise an objection to a Mayor/Do Governor, a major of a Special Self-Governing City, the head of a Si/Gun/Gu or the relevant chief of police within the payment period. <Amended by Act No. 13686, Dec. 29, 2015> |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
Article 88 (Effect of Dispositions of Notice) | |
(1) | Any person who has paid the penalty in accordance with Article 87 (1) shall not be punished again for the same offense. |
(2) | Any judicial police officers or special judicial police officers shall forward the case falling under any of the following without delay, to the jurisdictional District Public Prosecutor's Office or the jurisdictional District Public Prosecutor's Branch Office: <Amended by Act No. 13486, Aug. 11, 2015> |
1. | Cases falling under each subparagraph of Article 85 (2); |
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2. | Cases falling under each subparagraph of Article 86 (1); |
3. | Cases where the penalty is not paid within the due date under Article 87 (1); |
4. | Cases where an objection is raised under Article 87 (2). |
[This Article Wholly Amended by Act No. 9449, Feb. 6, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force 10 months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Motor Vehicle Management Business)
A motor vehicle management business entity who has obtained permission under the previous provisions as at the time this Act enters into force shall be considered to have made the registration of the motor vehicle management business under this Act.
Article 3 (Transitional Measures concerning Regular Inspections)
A motor vehicle in receipt of a continuous inspection under the previous provisions as at the time this Act enters into force shall be considered to have received a regular inspection prescribed in Article 43 (1) 2.
Article 4 (Transitional Measures concerning Official Approval of Taximeters)
(1) | An official approval institution designated by the Commissioner of the Industrial Development Administration under Article 33 of the Weights and Measures Act before this Act enters into force shall be considered as an official approval institution specialized in a taximeter designated by this Act, but it shall meet the standards for designation, etc. as prescribed by this Act within three months from the enforcement date of this Act. |
(2) | A taximeter which has been officially approved by the designated official approval institution as prescribed in paragraph (1) before this Act enters into force shall be considered to have been officially approved by the Minister of Land, Transport and Maritime Affairs as prescribed in Article 47. |
Article 5 (Transitional Measures concerning Dispositions)
Any designation, report, and other disposition, etc. under the previous provisions made before this Act enters into force shall be considered to have been made by this Act.
Article 6 (Transitional Measures concerning Application of Penalty Provisions)
The previous provisions shall apply to the application of penalty provisions to an offense committed before this Act enters into force.
Article 7 Omitted.
ADDENDA <Act No. 5303, Mar. 7, 1997>
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. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5729, Jan. 29, 1999>
(1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
(2) | (Applicability to Regular Inspections) The amended provisions of Article 43 (1) 2 shall apply to a motor vehicle newly registered for the first time on or after the enforcement date of this Act. |
(3) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the application of penalty provisions to an offense committed before this Act enters into force. |
ADDENDUM <Act No. 5968, Apr. 15, 1999>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 9 and Article 30 (3), (5), and (6) and the matters concerning the abolition of the completion inspection of a motor vehicle in the amended provisions of subparagraph 2 of Article 80 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6470, Apr. 7, 2001>
(1) | (Enforcement Date) This Act shall enter into force on July 1, 2001. |
(2) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall govern the application of penalty provisions to an offense committed before this Act enters into force. |
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6730, Aug. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Article 2 (Applicability to Self-Certification)
The amended provisions of Article 30 shall apply to the motor vehicles which are manufactured, etc. and sold on or after the enforcement of this Act.
Article 3 (Applicability to Imposition of Penalty Surcharges)
The amended provisions of Article 74 (2) shall apply to the motor vehicles which are self-certified and sold on or after the enforcement of this Act.
Article 4 (Transitional Measures concerning Notice of Specifications)
The manufacturers, etc. may give a prior notice of specifications under the provisions of Article 30 (4) to the safety test agency before this Act enters into force.
Article 5 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall govern the application of penalty provisions and administrative fines to an offense committed before this Act enters into force.
ADDENDA <Act No. 7100, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 24 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7471, Mar. 31, 2005>
(1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
(2) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall govern the application of penalty provisions to an offense committed before this Act enters into force. |
ADDENDUM <Act No. 8254, Jan. 19, 2007>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 7 (5) shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 8358, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 8658, Oct. 17, 2007>
This Act shall enter into force three months after the date of its promulgation.
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. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8980, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 14, 2008.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9066, Mar. 28, 2008>
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 77 (9) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Correction of Defects in Manufactured Motor Vehicle Parts)
The amended provisions of Article 31 (including the case as applicable mutatis mutandis in Article 52) shall apply to the portion first sold after self authentication of motor vehicle parts on or after the date this Act enters into force.
Article 3 (Applicability to Compensation for Persons Who Have Corrected Defects at Their Own Expenses)
The amended provisions of Article 31-2 (including the case as applicable mutatis mutandis in Article 52) shall apply to the portion that is corrected after defects are first disclosed on or after the date this Act enters into force.
Article 4 (Applicability to Designation of Designated Maintenance Business Entities for Comprehensive Inspections)
In an area where close inspections of exhaust gases from moving motor vehicles are performed under Article 63 (1) of the Clean Air Conservation Act, only a designated maintenance business entity for comprehensive inspection shall be designated under the amended provisions of Article 45-2 from the enforcement date of this Act.
Article 5 (Applicability to Imposition of Penalty Surcharges)
(1) | The amended provisions of Article 74 (2) 2 shall apply to the portion sold first after self authentication of motor vehicle parts as at the time this Act enters into force. |
(2) | The previous provisions shall govern the application of the provisions concerning penalty surcharges or administrative fines to an offense committed before this Act enters into force. |
Article 6 (Transitional Measures concerning Self-Certification on Motor Vehicle Parts)
Any person who manufactures, etc. motor vehicle parts as at the time this Act enters into force shall mark self authentication of motor vehicle parts after performing self authentication of such motor vehicle parts in compliance with the amended provisions of Article 30-2 (including the case as applicable mutatis mutandis in Article 52) within six months after this Act enters into force.
Article 7 (Transitional Measures concerning Comprehensive Inspections)
(1) | Notwithstanding the amended provisions of Article 43-2 (1), a regular inspection under Article 43 (1) 2 and a close inspection under Article 63 (1) of the Clean Air Conservation Act may be separately performed for two years from the enforcement date of this Act, while only comprehensive inspection under the amended provisions of Article 43-2 (1) shall be performed two years after the enforcement date of this Act. |
(2) | Where a regular inspection and a close inspection have been separately performed under paragraph (1), comprehensive inspection under the amended provisions of Article 43-2 (1) shall be deemed to have been performed. |
(3) | The Korea Transportation Safety Authority or provider entitled to perform close inspections on moving motor vehicles that has been designated under Article 64 (1) of the Clean Air Conservation Act shall be deemed to have been designated as the comprehensive inspection agent or a designated maintenance business entity for comprehensive inspection under the amended provisions of Article 44-2 or 45-2, respectively. |
ADDENDUM <Act No. 9105, Jun. 5, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9109, Jun. 13, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9449, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 69 shall enter into force on the date of promulgation of this Act, and the provisions concerning a comprehensive inspection of a motor vehicle from among the amended provisions of Article 43-2 (1), the proviso to Article 74 (1) and the amended provisions of Article 78-2, the amended provisions of Articles 37 (1) 3, 45-3, 46 (1) and (2), 55 (5), 72 (1) and (2), paragraph 1 of Article 75, Articles 76, 77 (2) and (3), 77-2, 80, 81, 84 (1) and (2), and Article 6 (2) and (3) of the Addenda shall enter into force on March 29, 2009.
Article 2 (Applicability to Follow-Up Management of Motor Vehicles Sold)
The amended provisons of Article 32-2 shall apply to the motor vehicle self-certified and sold on or after this Act enters into force.
Article 3 (Application of Special Cases and Transitional Measures concerning Comprehensive Inspections of Motor Vehicles)
(1) | Notwithstanding the amended provisons of Article 43-2 (1), a regular inspection under Article 43 (1) 2, a close inspection and an inspection of a specific diesel motor vehicle may be separately performed for two years after the enforcement date of the same Article. In such cases, no comprehensive inspection shall be deemed to have been performed, if any regular inspection, close inspection or inspection of specific diesel motor vehicle is not performed. |
(2) | A comprehensive inspection agent or a designated maintenance business entity for comprehensive inspection (including a person who is regarded as a designated maintenance business entity for comprehensive inspection under Article 7 (3) of Addenda to the Motor Vehicle Management Act (Act No. 9066) from among the persons designated as designated business entities of close inspection of motor vehicles in operation under Article 64 (1) of the Clean Air Conservation Act) may perform a regular inspection, close inspection and an inspection of specific diesel motor vehicle separately as provided for in paragraph (1) for two years from the enforcement date of the amended provisions of Article 43-2 (1). |
Article 4 (Transitional Measures concerning Motor Vehicle Recycling and Scrapping Business)
A person who has been registered as a motor vehicle scrapping business entity under the previous provisions before this Act enters into force shall be construed to have been registered as a motor vehicle scrapping and recycling business entity prescribed in Article 2 (9).
Article 5 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall govern the application of penalty provisions and administrative fines to an offense committed before this Act enters into force.
Article 6 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9867, Dec. 29, 2009>
This Act shall enter into force on February 7, 2010: Provided, That the amended provisions of Articles 35-2, 35-3, and 35-4 and 84 shall enter into force three months after the date of promulgation of this Act.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10721, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 48 shall enter into force from January 1, 2012.
Article 2 (Applicability to Orders of Suspension of Manufacture or Sale of Motor Vehicles or Motor Vehicle Parts)
The amended provisons of the proviso to Article 30-3 (1) with the exception of the subparagraphs thereof shall apply to the act of violation on or after this Act enters into force.
Article 3 (Applicability to Re-Examination of Pressure-Resistant Containers)
(1) | With respect to a motor vehicle registered in a place other than Seoul Special Metropolitan City, the amended provisons of Article 35-8 (1) through (3) shall enter into force six months after this Act enters into force. |
(2) | The owner of a motor vehicle installed with a pressure-resistant container shall receive the first regular inspection of pressure-resistant container during the period of the regular inspection under Article 43 (1) 2 or of the comprehensive inspection under Article 43-2 (1) that comes first after the date classified in accordance with the following: |
1. | Motor vehicles registered in Seoul Special Metropolitan City: Enforcement date of this Act; |
2. | Motor vehicles registered in a place other than Seoul Special Metropolitan City: Date on which six months elapse after this Act enters into force. |
Article 4 (Transitional Measures upon Changing Scope of Report on Two-Wheeled Motor Vehicles)
A two-wheeled motor vehicle as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs pursuant to the amended provisions of Article 48 (1), from among the two-wheeled motor vehicles which are not subject to report under the previous provisions as at the time this Act enter into force, shall be reported to the head of a Si/Gun/Gu by June 30, 2012.
Article 5 (General Transitional Measures concerning Dispositions)
An act committed by an administrative agency or in relation to an administrative agency pursuant to the provisions of the High-Pressure Gas Safety Control Act, the Safety Control and Business of Liquefied Petroleum Gas Act, and the Urban Gas Business Act as at the time this Act enters into force shall be deemed an act of an administrative agency or in relation to an administrative agency which succeeds the relevant affairs pursuant to the provisions of this Act.
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying the penalty provisions and administrative fines in relation to an offence committed before this Act enters into force, the previous provisions shall govern the application of penalty provisions and administrative fines (including the provisions of the High-Pressure Gas Safety Control Act, the Safety Control and Business of Liquefied Petroleum Gas Act and the Urban Gas Business Act).
Article 7 Omitted.
ADDENDA <Act No. 11190, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Establishment of Trade Associations)
The amended provisons of Article 67 (3) shall begin to apply from the trade association to be established for the first time after this Act enters into force.
ADDENDUM <Act No. 11449, May 23, 2012>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 11588, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the amended provisions of Articles 8 (3), 33-3, 57 (1) 5, subparagraph 5 of Article 80, and Article 84 (3) 7-2 (only applicable to the parts related to Article 8 (3)) shall enter into force six months after the date of its promulgation; the amended provisions of Articles 58 (8) and 84 (3) 7-2 (only applicable to the parts related to Article 58 (8)) shall enter into force on September 1, 2013; the amended provisions of Articles 36, 43 (2), 66 (1) 13 (a), 73 (1) 2, subparagraph 21 of Article 81, and Article 84 (3) 4 shall enter into force one year after the date of its promulgation; and the amended provisions of Article 29-3 and subparagraphs 2 through 4 of Article 79 shall enter into force three years after the date of its promulgation.
Article 2 (Applicability to Information on Certificate of Manufacture of Motor Vehicles)
The amended provisions of Article 8 (3) shall apply to motor vehicles sold after the same amended provisions enter into force.
Article 3 (Applicability to Installation of Accident Recording Devices and Provision of Information)
The amended provisions of Article 29-3 shall enter into force where a motor vehicle is developed, and thereafter manufactured, assembled and imported, after the same amended provisions enter into force.
Article 4 (Applicability to Notification and Management Obligations of Motor Vehicle Management Business Entities)
The amended provisions of Article 58 (8) shall enter into force where a motor vehicle is sold, etc. or is requested to be scrapped after the same amended provisions enter into force.
Article 5 (Applicability to Administrative Fines)
The amended provisions of Article 84 (2) 1-2 shall apply where a motor vehicle in regard to which cancellation of registration has been made due to return is sold after this Act enters into force.
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. 11929, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12146, Dec. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12217, Jan. 7, 2014>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 12472, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to New Registration of De-Registered Motor Vehicles)
The amended provisions of Article 13 (10) shall be applicable from the case of re-registering the motor vehicle which is de-registered for the first time after enforcement of this Act.
ADDENDA <Act No. 12986, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7, 10, 31, 32-2, 58 (1) 1 and 58 (2), Article 58-3 and subparagraph 1-2 of Article 82shall enter into force six months from the date of its promulgation; the amended provisions of Articles 14, 14-2, 14-3, 69-2, 76, 77 and 77-2 shall enter into force nine months from the date of its promulgation; and the amended provisions of Articles 45-3, 46, 58 (1) 4, 58-4, Chapter VII-III (Articles 68-9 through 68-13), subparagraphs 17 through 19 of Article 79 and subparagraph 5-2 of Article 82 shall enter into force one year from the date of its promulgation.
Article 2 (Applicability to Filming Inspections and Recording/Keeping Results of Inspections)
Filming an inspection and recording/keeping results of the inspection pursuant to the amended provisions of Article 45-3 (1) 8 shall be applicable from the motor vehicle receiving an inspection for the first time after enforcement of this Act.
Article 3 (Applicability to Duty of Reporting by Motor Vehicle Management Business Entities)
The amended provisions of Article 58 (1) shall be applicable from the case of intending to sell or intermediate sale of a motor vehicle for the first time after enforcement of this Act.
Article 4 (Transitional Measures concerning Dispositions of Cancellation or Suspension)
(1) | The disposition of cancellation or suspension pursuant to the previous provisions made as at the time this Act enters into force shall be deemed to have been made pursuant to this Act. |
(2) | The imposition of penalty against any violative conducts committed before enforcement of this Act shall be made pursuant to the previous provisions. |
ADDENDA <Act No. 13089, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 13486, 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 Article 52 shall enter into force three months from the date of its promulgation; the amended provisions of subparagraph 1-3 of Article 2, Articles 13, 24-2, 27 (1), 29 (3), 34 (2), 53-2, 57 (2), 57-2, 66 (2), subparagraph 14-2 of Article 79, subparagraph 5-2 of Article 80, subparagraph 7-2 of Article 81, subparagraph 2-2 of Article 82, Articles 84 (2) 13 and 84 (3) 9 shall enter into force six months from the date of its promulgation; and the amended provisions of subparagraph 13 of Article 2, Articles 12 (6) and 43 (1) 5, and subparagraphs 4-2 and 5 of Article 82 shall enter into force one year from the date of its promulgation.
Article 2 (Applicability to Standards for Registration of Motor Vehicle Transaction Business)
The amended provisions of Article 53 (3) shall be applicable from the person who files his or her application for a motor vehicle transaction business for the first time after enforcement of this Act.
Article 3 (Applicability to Effect of Public Notice of Restriction, by Heads of Sis/Guns/Gus, on Registration of Motor Vehicle Management Business)
A public notification, etc., issued before enforcement of this Act by the head of a Si/Gun/Gu, concerning the standards and procedures, etc. of the motor vehicle management business, which is restricting or conditioning on the registration of a motor vehicle management business beyond the scope of Ordinance of the Ministry of Land, Infrastructure and Transport or Ordinance of Si/Do(including Special Self-Governing Province) shall cease to be effective pursuant to the amended provisions of Article 53 (4).
Article 4 (Applicability to Cancellation/Suspension of Business)
The amended provisions of Article 66 (2) shall be applicable from the case where a motor vehicle manufacturer, etc. tunes a motor vehicle in violation of the amended provisions of Article 57 (2) for the first time after enforcement of the same amended provisions.
Article 5 (Transitional Measures concerning Standards for Registration of Motor Vehicle Transaction Business)
A motor vehicle dealer who has registered, before enforcement of this Act, a motor vehicle transaction business in a self-governing Gu, having its population of 500 thousand or more within the Seoul Special Metropolitan City or a Metropolitan City, shall be equipped with the structured exhibition facilities within two years after enforcement of this Act in accordance with the amended provisions of Article 53 (3).
Article 6 (Transitional Measures concerning Persons Declared Incompetent)
Notwithstanding the amended provisions of Article 54 (1) 1, the previous provisions shall apply with respect to a person who is subject to the sentence of judicial incompetency or quasi-incompetency pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13686, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 31, 32-2 (3) and (4), 74 (2) and 74-2, subparagraph 1 of Article 78, subparagraph 17 of Article 81 shall enter into force six months after the date of their promulgation, and the amended provisions of subparagraphs 1-4 and 1-5 of Article 2, subparagraph 6 of Article 9, Article 13 (7) 2, Article 30 (1), (5), and (6), Article 33 (4), subparagraph 2 of Article 75, and Article 84 (3) 3 shall enter into force one year after the date of their promulgation.
Article 2 (Applicability to Self Authentication of Incomplete Motor Vehicles and Motor Vehicles Manufactured by Phase)
The self authentication for incomplete motor vehicles and motor vehicles manufactured by phase in accordance with the amended provisions of Article 30 shall apply, beginning with the incomplete motor vehicles and motor vehicles manufactured by phase to be sold for the first time after enforcement of the amended provisions of Article 30.
Article 3 (Applicability to Imposition of Penalty Surcharges)
The amended provisions of Article 74 (2) shall apply, beginning with the motor vehicle to be self authenticated and sold for the first time after enforcement of the amended provisions of Article 74(2).
ADDENDUM <Act No. 13933, Jan. 28, 2016>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 58 (5) through (7), 58-5, 66 (1) 12 and 14, subparagraphs 8 and 9 of Article 80 shall enter into force six months after the date of their promulgation, and the amended provisions of Articles 13 (11) and 58 (4) 2 shall enter into force one year after the date of their promulgation.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That, the amendments to the statutes to be amended pursuant to Article 6 of Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14546, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 31-2 (1) 1 shall enter into force three months after the date of their promulgation, and the amended provisions of the proviso to Article 31 (1) and Article 31 (2), (3) and (5) shall enter into force one year after the date of their promulgation.
Article 2 (Applicability to Notification of Corrective Measures)
The amended provisions of the main sentence of Article 31 (1) and Article 31 (6) shall apply, beginning with cases where the facts on defective motor vehicles or motor vehicle parts and plans for corrective measures are notified, for the first time after enforcement of this Act, to the motor vehicle owner.
Article 3 (Applicability to Economic Compensation)
The amended provisions of the proviso to Article 31 (1) and Article 31 (2) shall apply, beginning with motor vehicles to be self-authenticated and sold for the first time after enforcement of the same amended provisions.
Article 4 (Applicability to Compensation for Motor Vehicle Owners Who Took Self-Corrective Measures)
The amended provisions of Article 31-2 (1) 1 shall apply, beginning with cases a motor vehicle manufacturer, etc. or a motor vehicle part manufacturer, etc. discloses any facts on defective motor vehicles or motor vehicle parts pursuant to the main sentence of Article 31 (1) or the main sentence of Article 31 (3), for the first time after enforcement of the same amended provisions.
ADDENDUM <Act No. 14864, Aug. 9, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14950, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 56, 58-3 (1) and (4), 58-4 through 58-6, 65-2, 66 (1), (4), and (5) and 72 (1) 14, subparagraph 6 of Article 75, and subparagraphs 25-2, 25-3, and 27-3 of Article 81 shall enter into force one year after the date of its promulgation, and the amended provisions of the main sentence of Article 5, the proviso to Article 8-2 (2), Article 13 (1) 2, Chapter V-2 (Articles 47-2 through 47-11), subparagraph 7-2 of Article 77-2, and subparagraph 1-2 of Article 84 (3) shall enter into force on January 1, 2019.
Article 2 (Special Cases concerning Registration of Providing Information on Motor Vehicles for Sale Online)
Notwithstanding the amended provisions of Articled 65-2 (1), a person who provides information on motor vehicles for sale online may continue to provide information on motor vehicles for sale online, without registration, until three months after the amended provisions enter into force.
Article 3 (Transitional Measures concerning Designation of Agencies Authenticating Replacement Parts)
The agencies authenticating the performance and quality of motor vehicle parts under previous provisions as at the time this Act enters into force shall be deemed to have been designated as agencies authenticating replacement parts under the amended provisions of Article 30-5.
ADDENDA <Act No. 15321, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Notification of Details of Defects and Plans for Gratuitous Repair)
The amended provisions of Article 32-2 (4) shall apply where a motor vehicle manufacturer, etc. begins to gratuitously repair a motor vehicle after this Act enters into force.
ADDENDUM <Act No. 15402, Feb. 21, 2018>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 15681, Jun. 12, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15736, Aug. 14, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16101, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2019. (Proviso Omitted.)
Articles 2 through 11 Omitted.
Last updated : 2019-10-29