COMPULSORY MOTOR VEHICLE LIABILITY SECURITY ACT

영문법령 불러오는 중…

COMPULSORY MOTOR VEHICLE LIABILITY SECURITY ACT — 법갈피

Article 5(Mandatory purchase of insurance) #

(1) Any motor vehicle owner shall purchase a liability insurance policy or enter into a liability mutual aid agreement (hereinafter "liability insurance policy, etc.") which covers an amount prescribed by Presidential Decree that shall be paid to a third party who has died or been injured due to the operation of the motor vehicle (referring to a person who has the right to receive indemnification for damage in cases of the death of a victim; hereinafter the same shall apply).

(2) Any motor vehicle owner shall, in addition to the purchase of a liability insurance policy, etc., purchase an insurance policy under the Insurance Business Act or enter into a mutual aid agreement under the Passenger Transport Service Act, the Trucking Transport Business Act, the Construction Machinery Management Act, and the Last Mile Delivery Service Industry Development Act in order to assume the liability for paying an amount prescribed by Presidential Decree to a third party whose property is destroyed or damaged due to the operation of the motor vehicle. <Amended on Jan. 26, 2021>

(3) Any of the following persons shall, in addition to the purchase of a liability insurance policy, etc., purchase an insurance policy under the Insurance Business Act or enter into a mutual aid agreement under the Passenger Transport Service Act, the Trucking Transport Business Act, the Construction Machinery Management Act, or the Last Mile Delivery Service Industry Development Act in order to indemnify the liability for paying an amount prescribed by Presidential Decree that exceeds the upper limit on the compensation covered by liability insurance, etc. to a third party who has died or been injured due to the operation of the motor vehicle: <Amended on Jan. 26, 2021>

1. A passenger transport service provider who has obtained a license or has completed registration in accordance with Article 4 (1) of the Passenger Transport Service Act;

2. A motor vehicle rental business entity that has completed registration in accordance with Article 28 (1) of the Passenger Transport Service Act;

3. A trucking transport business entity and trucking transport franchiser who have obtained a license in accordance with Articles 3 and 29 of the Trucking Transport Business Act;

4. A construction machinery rental business operator who has completed registration in accordance with Article 21 (1) of the Construction Machinery Management Act;

5. A certified small parcel delivery service operator under subparagraph 4 (b) of Article 2 of the Last Mile Delivery Service Industry Development Act.

(4) The provisions of paragraphs (1) and (2) shall not apply to motor vehicles prescribed by Presidential Decree and motor vehicles operated only in places other than on a road (which means the road provided for in subparagraph 1 of Article 2 of the Road Traffic Act; hereinafter the same shall apply).

(5) Liability insurance policies, etc. under paragraph (1) and insurance policies or mutual aid agreements under paragraphs (2) and (3) shall be effected on a separate motor vehicle basis.

Article 5-2(Exemption from mandatory purchase of insurance) #

(1) In any case prescribed by Presidential Decree where a motor vehicle owner is unable to operate his or her motor vehicle (excluding a motor vehicle used for a business for which a person referred to in each subparagraph of Article 5 (3) has obtained a license, etc.) for a certain period of not less than three months but no more than two years due to an overseas stay, etc., he or she may be exempt from purchasing insurance or entering into a mutual aid agreement referred to in Article 5 (1) and (2) during the operation suspension period upon obtaining the approval of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (referring to the head of the relevant Si/Gun/Gu if the duties to register motor vehicles are delegated to him or her; hereinafter referred to as "Mayor/Do Governor") who takes charge of the duties to register such motor vehicle. In such cases, the relevant motor vehicle owner shall keep the relevant registration certificate and the motor vehicle registration plate in the custody of the relevant Mayor/Do Governor. <Amended on Jun. 9, 2020; Jul. 27, 2021; Jan. 16, 2024>

(2) No person granted exemption from purchasing insurance or entering into a mutual aid agreement pursuant to paragraph (1) shall operate a relevant motor vehicle on roads during the period of exemption.

(3) An insurer, etc. may defer the contract period of an insurance policy or mutual aid contract concluded by a person exempted from the obligation to purchase an insurance policy or mutual aid pursuant to paragraph (1) within the period of suspension of operation, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jan. 16, 2024>

(4) Standards for granting approval for exemption from purchasing insurance or entering into a mutual aid agreement under paragraph (1), procedures for filing applications and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 16, 2024>

[This Article Added on Feb. 22, 2012]

Article 6(Measures against those who have yet to purchase mandatory insurance) #

(1) Any insurer, etc. shall notify a motor vehicle owner who has purchased an insurance policy or entered into a mutual aid agreement which the motor vehicle owner is obligated to purchase or enter into pursuant to Article 5 (1) through (3) (hereinafter referred to as "mandatory insurance") of the fact that his or her contract is about to expire, 75 days to 30 days, and 30 days to 10 days, prior to the expiration date of such contract, respectively; provided, the insurer, etc. does not need to give such notification if the insurance period of the contract is less than one month or if the motor vehicle owner has renewed the contract with the insurer, etc. or if the insurer, etc. has become aware that the motor vehicle owner has entered into a new contract with any other insurer, etc. <Amended on Feb. 6, 2009>

(2) If any of the following situations applies to a person obligated to purchase mandatory insurance, the relevant insurer, etc. shall notify a relevant Special Self-Governing City Mayor, a relevant Special Self-Governing Province Governor, or the head of a relevant Si/Gun/Gu (hereinafter referred to as the "head of the Si/Gun/ Gu"; the head of a relevant Gu refers to the head of a relevant autonomous Gu) thereof within the period stipulated by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Jul. 27, 2021>

1. Where the person has entered into a mandatory insurance contract with the said insurer, etc.;

2. Where the person has terminated the mandatory insurance contract entered into with the said insurer, etc. before the expiration date of such contract;

3. Where the person who has entered into a mandatory insurance contract with the said insurer, etc. does not renew the contract with the said insurer, etc. after the expiration date of such contract.

(3) Upon receiving such notification under paragraph (2), the head of a Si/Gun/Gu shall, without delay, issue an order to any motor vehicle owner who has failed to purchase mandatory insurance to buy one and to present a document verifying such fact for a specified period of not less than 10 days but not more than 15 days.

(4) The head of a Si/Gun/Gu may have the custody of the motor vehicle registration plate (including the registration plate attached to a two-wheel motor vehicle and the registration plate attached to construction machinery; hereinafter the same shall apply) with no mandatory insurance.

(5) The head of a Si/Gun/Gu may request cooperation from the head of a police station if necessary for keeping in custody the registration plate attached to a motor vehicle with no mandatory insurance pursuant to paragraph (4). In such cases, the head of the police station so requested shall comply therewith unless there is a compelling reason not to do so.

(6) Where the head of a Si/Gun/Gu has kept in custody the registration plate attached to a motor vehicle with no mandatory insurance, pursuant to paragraph (4), he or she shall notify the Mayor/Do Governor who takes charge of the duties to register such motor vehicle under the Motor Vehicle Management Act or the Construction Machinery Management Act and the relevant motor vehicle owner of thereof. <Amended on Feb. 22, 2012>

(7) Matters necessary for the notification methods and procedures under paragraphs (1) and (2), the methods and procedures for keeping in custody the motor vehicles registration plates under paragraph (4), and the methods and procedures for lifting such custody and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

Article 12(Claim for and payment of motor vehicle insurance medical fees) #

(1) Where an insurer, etc. finds out that any patient suffered a motor vehicle accident upon receipt of a claim for damage filed either by a policyholder, etc. or a victim of such motor vehicle accident under the latter part of Article 10 (1), or due to any other cause, the insurer, etc. shall, without delay, inform the medical institution treating such motor vehicle accident patient whether motor vehicle insurance medical fees will be paid for the relevant treatment and the upper limit of such payment. <Amended on Feb. 6, 2009>

(2) Where the medical institution which has been notified whether the insurer, etc. intended to pay the motor vehicle insurance medical fees and of the upper limit of such payment is under paragraph (1) may file a claim for such fees with the insurer, etc. according to the criteria publicly notified by the Minister of Land, Infrastructure and Transport, as provided for in Article 15. <Amended on Mar. 23, 2013>

(3) Where the medical institution files a claim for the motor vehicle insurance medical fees with the insurer, etc. under paragraph (2), such claim shall be based upon detailed medical records as referred to in Article 22 of the Medical Service Act.

(4) Where the insurer, etc. has received the claim for motor vehicle insurance medical fees from the medical institution under paragraph (2), it shall pay the amount claimed within 30 days; provided, if the insurer, etc. has entrusted its relevant duties to a specialized examination institution pursuant to Article 12-2 (1), it shall pay motor vehicle insurance medical fees based on the results of review within 14 days after such results are notified by the relevant institution. <Amended on Jun. 22, 2015>

(5) Where the medical institution can file a claim for motor vehicle insurance medical fees with the insurer, etc. under paragraph (2), it shall not claim payment of such medical fees from the motor vehicle accident patient (including his or her guardian); provided, in any of the following cases, the relevant medical fees may be claimed: <Amended on Mar. 23, 2013>

1. When the insurer, etc. has notified that it has no intention of paying such medical fees or canceled the payment thereof;

2. When the medical institution has requested the insurer, etc. to pay the expenses which are not covered by the indemnity for damages;

3. When the medical institution has requested the insurer, etc. to pay medical fees in excess of the upper limit of payment notified by such insurer, etc. under paragraph (1);

4. When the victim has filed a claim for direct payment of motor vehicle insurance medical fees with the insurer, etc. under Article 10 (1) or 11 (1);

5. When other reasons prescribed by Decree of the Ministry of Land, Infrastructure and Transport arise.

Article 14(Inspection of medical records) #

(1) When an insurer, etc. receives a claim for motor vehicle insurance medical fees from a medical institution under Article 12 (2), the insurer, etc. may request the medical institution to provide the relevant medical records for inspection. <Amended on Feb. 22, 2012>

(2) A specialized examination institution entrusted with an examination, etc. pursuant to Article 12-2 may request the State, a local government, a medical institution, the insurer, etc., an institution in charge of calculating insurance premium rates, a public institution under the Act on the Management of Public Institutions, any other public organization, etc. to provide data prescribed by Presidential Decree as necessary for the examination, etc. in terms of medical records, resident registration, and immigration control, etc. (hereinafter referred to as "medical records, etc."). <Added on Feb. 22, 2012; Jul. 27, 2021>

(3) A medical institution in receipt of a request under paragraph (1) and an institution in receipt of a request under paragraph (2) shall comply with such request unless there is good cause. <Added on Feb. 22, 2012; Jun. 9, 2020; Jul. 27, 2021>

(4) Where an insurer, etc. receives a claim for insurance money, it may request a traffic accident investigation agency, such as the Korean National Police Agency, to provide investigation records relating to the relevant traffic accident for inspection, as prescribed by Presidential Decree. In such cases, the traffic accident investigation agency, such as the Korean National Police Agency, shall comply therewith, unless there is a compelling reason not to do so. <Added on Feb. 22, 2012; Jun. 9, 2020>

(5) Where it is necessary for insurer, etc. to calculate an amount of premium of mandatory insurance (this means mutual aid contributions in cases of a mutual aid contract) and pay insurance money, etc., the Minister of Land, Infrastructure and Transport may request heads of agencies that hold personal information on traffic offenses, such as drunk driving, or the validity of drivers' licenses (including a construction machinery operator's license referred to in the main clause of Article 26 (1) of the Construction Machinery Management Act; hereinafter the same shall apply) to provide such personal information. In such cases, the heads of agencies so requested shall comply with such request, unless there is a compelling reason not to do so. <Added on Nov. 26, 2019>

(6) The Minister of Land, Infrastructure and Transport may provide the personal information on traffic offenses or the validity of drivers' licenses under paragraph (5) to insurer, etc. through the Traffic Accident Compensation Supervisory Service under Article 39 (3). In such cases, matters concerning the scope, procedures and methods of provision of the personal information shall be prescribed by Presidential Decree. <Added on Nov. 26, 2019>

(7) Unless it is necessary for insurer, etc. to calculate an amount of premium of mandatory insurance and pay insurance money, etc. under paragraphs (5) and (6), the Traffic Accident Compensation Supervisory Service shall be prohibited from providing the personal information that has been provided and held under paragraph (6). <Added on Nov. 26, 2019>

(8) No insurer, etc., specialized examination institution, or person who has engaged in or engaged in the Motor Vehicle Accident Compensation Agency shall divulge any confidential information of any other person it has become aware of in the course of inspecting medical records, etc. or investigation records relating to traffic accidents referred to in paragraphs (1) through (4), use such personal information for any purpose other than for performing its duties, or provide such information to a third party. <Amended on Feb. 22, 2012; Nov. 26, 2019; Jul. 27, 2021>

(9) Where a specialized examination institution requests a medical institution, the insurer, etc., and an institution in charge of calculating insurance premium rates to provide data pursuant to paragraph (2), it shall send a written request for provision of data stating the grounds for and reasons of request for provision of data, the persons to whom data are to be provided, the period subject to the provision of data, the deadline for provision of data, data to be provided, etc. <Added on Jul. 27, 2021>

(10) Fees and commissions shall be exempted for data that are provided to a specialized examination institution by the State, a local government, a medical institution, an institution in charge of calculating insurance premium rates, a public institution, and any other public organization under paragraph (2). <Added on Jul. 27, 2021>

Article 15-2(Insured Motor Vehicle Repair Council) #

(1) Insurers, etc. and motor vehicle repair shop operators shall establish the Insured Motor Vehicle Repair Council (hereinafter referred to as the "Council") which consults on the following matters for the prevention and mediation of disputes over motor vehicle repair costs covered by insurance and mutual cooperation:

1. Matters concerning the calculation of repair costs (including standard working hours and labor costs, etc.);

2. Matters concerning the survey and research on repair costs under subparagraph 1 and the renewal of research findings;

3. Other matters necessary for mutual cooperation between insurers, etc. and motor vehicle repair shop operators.

(2) The Council shall be comprised of the following members, including one chairperson, and the members shall be commissioned by the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport:

1. Five members representing the insurance industry;

2. Five members representing the motor vehicle repair industry;

3. Five members representing public interest.

(3) The chairperson of the Council shall be elected with the consent of a majority of the members, from among members falling under paragraph (2) 3.

(4) The term of office of appointed members of the Committee shall be 3 years; provided, the term of office of a member newly appointed due to the resignation, etc. of his or her predecessor shall be the remainder of term of office of his or her predecessor.

(5) A council shall hold meetings at least once every year to consult on the matters specified in paragraph (1).

(6) The Council shall determine matters concerning the calculation of maintenance charges under paragraph (1) 1 by September 30 each year. <Added on Feb. 20, 2024>

(7) Where matters concerning the calculation of maintenance charges have not been determined even after the lapse of 60 days from the deadline specified in paragraph (6), the chairperson of the Council may submit a proposal for promotion of deliberation on maintenance charges to vote, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Feb. 20, 2024>

(8) The Council may, if deemed necessary to reach consultation on the matters referred to in the subparagraphs of paragraph (1), entrust research services to domestic and foreign research institutes, universities, specialized organizations, or industrial enterprises. <Added on Feb. 20, 2024>

(9) Matters regarding the calculation of the repair costs under paragraph (1) 1 may be used as reference for entering into a contract for repair costs between insurers, etc. and motor vehicle repair shop operators. <Amended on Feb. 20, 2024>

(10) Except as provided in paragraphs (1) through (9), matters necessary for the composition and operation of the Council and survey and research, etc. shall be prescribed by Presidential Decree. <Amended on Feb. 20, 2024>

[This Article Added on Apr. 7, 2020]

Article 23-3(Establishment of Committee for Guaranteeing Motor Vehicle Accident Compensation) #

(1) The Committee for Guaranteeing Motor Vehicle Accident Compensation shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport to deliberate on, resolve on, or coordinate matters concerning compensation for damage, support for return to society, etc. of interested parties related to motor vehicle accidents, and such matters.

(2) The Committee for Guaranteeing Motor Vehicle Accident Compensation shall deliberate on, resolve on, or coordinate the following matters:

1. The following matters concerning the establishment of rehabilitation facilities and the operation, etc. of rehabilitation services under Article 31 (1):

(a) Matters regarding the installation and management of rehabilitation facilities;

(b) Matters regarding the operation of rehabilitation services;

(d) Matters regarding business plans and budget for operators of rehabilitation facilities;

(e) Other matters regarding the management and operation of rehabilitation facilities and rehabilitation services, prescribed by Presidential Decree;

2. Matters concerning writing-off of deficits of claims under Article 39 (1) and (2);

3. Mediation of disputes arising between the following associations, etc. and victims of motor vehicle accidents or other interested parties:

(a) Associations and federations that engage in mutual-aid business pursuant to Article 60 of the Passenger Transport Service Act;

(b) A mutual aid association under Article 61 of the Passenger Transport Service Act;

(d) A mutual-aid association established pursuant to Article 41 of the Act on the Development of Life Logistics Service Industry;

4. Other matters deemed necessary by the Minister of Land, Infrastructure and Transport in relation to the guarantee of motor vehicle accident compensation.

[This Article Added on Jan. 9, 2024]

Article 29(Payment of insurance money) #

(1) When an insurer, etc. pays insurance money, etc. to a third party who has died or been injured or whose property has been destroyed or damaged for any of the following reasons, the insurer, etc. may make a reimbursement claim in an amount equivalent to the insurance money, etc., against a person who is legally liable for damage compensation: <Amended on Mar. 23, 2013; Nov. 28, 2017; Jul. 27, 2021; Dec. 7, 2021; Feb. 20, 2024>

1. Where a driver causes an accident while operating a motor vehicle without a driver’s license under the Road Traffic Act or qualifications to operate a motor vehicle (including cases where such qualifications are suspended), such as a construction machinery operator’s license under the Construction Machinery Management Act;

2. An accident that occurs while driving a motor vehicle while intoxicated in violation of Article 44 (1) of the Road Traffic Act or while driving a motor vehicle while driving a motor vehicle while likely to be unable to drive normally due to drug influence, in violation of Article 45 of that Act (including where the relevant driver fails to comply with a breath test conducted by a police officer under Article 44 (2) of the Road Traffic Act after the occurrence of the accident);

3. Where a driver causes an accident by a failure to take the measure prescribed in Article 54 (1) of the Road Traffic Act (excluding cases falling under subparagraph 10 of Article 156 of the Road Traffic Act).

(2) Where amended provisions of a Presidential Decree regarding modification of insurance money, etc. under a liability insurance policy, etc. provided in Article 5 (1) shall become favorable to policy-holders, etc., the following provisions may be imposed that would compel insurers, etc. to pay the modified insurance amount, etc., regardless of the terms of contract concluded before such modification:

1. Provisions requiring insurers, etc. to regard a previously-agreed insurance amount covered, etc. under the contract already concluded as the modified insurance amount, etc. without renewing the former contract;

2. Other provisions necessary for modification of the insurance amount covered, etc., or provisions necessary for the payment of the modified insurance amount covered, etc.

Article 30(Business of guaranteeing motor vehicle accident compensation) #

(1) In any of the following cases, the Government shall, in response to a claim filed by a victim, compensate for damage sustained by the victim to the extent and amount covered by liability insurance; provided, the Government may conduct investigations ex officio and compensate for damage sustained by the victim to the extent and amount covered by liability insurance even if the victim has not filed a claim for damage: <Amended on Feb. 22, 2012; Jul. 27, 2021>

1. Where a victim has died or been injured due to an accident that occurred during the operation of a motor vehicle, the owner of which is unidentified;

2. Where a person other than a policyholder, etc. is liable to compensate for damage under Article 3; provided, this shall not apply to any accident that occurred during the operation of any motor vehicle referred to in Article 5 (4);

3. Where a victim has died or been injured due to an object dropped from a motor vehicle in operation, the owner of which is unidentified.

(2) The Government may provide support to address issues such as financial hardship or interruption of education experienced by minor children and dependent family members of a person who has died or a person with a serious residue harm as prescribed by Presidential Decree due to the operation of a motor vehicle, and to assist the rehabilitation of persons with a serious residue harm.

(3) In order to perform duties referred to in paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may request any of the following agencies to submit information prescribed by Presidential Decree, and collect and use the information, and the agency so requested shall provide the relevant information unless there is a compelling reason not to do so: <Added on Feb. 22, 2012; Mar. 23, 2013; Mar. 22, 2016; Jul. 27, 2021; Oct. 1, 2025>

1. The Minister of the Interior and Safety;

2. The Minister of Health and Welfare;

3. The Minister of Gender Equality and Family;

4. The Commissioner General of the National Police Agency;

5. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu;

6. An institution in charge of calculating insurance premium rates.

(4) Upon receipt of a claim filed by an insurer, etc., the Government shall make compensation in accordance with Article 11 (5). <Amended on Feb. 22, 2012>

(5) Matters necessary for persons eligible for the Government's compensation or aid under paragraphs (1), (2) and (4), standards for compensation, compensation amounts, methods, procedures, and other matters shall be prescribed by Presidential Decree. <Amended on Feb. 22, 2012>

(6) The Minister of Land, Infrastructure and Transport shall perform duties relating to the Government’s compensation business under paragraphs (1), (2) and (4) (hereinafter referred to as "business of guaranteeing motor vehicle accident compensation"). <Amended on Feb. 22, 2012; Mar. 23, 2013>

Article 32(Designation of operator of rehabilitation facilities) #

(1) The Minister of Land, Infrastructure and Transport may outsource the management and operation of rehabilitation facilities or of rehabilitation services to a person designated by the Minister of Land, Infrastructure and Transport from among persons who meet the requirements based on the classifications set forth in the following subparagraphs: <Amended on May 27, 2009; Mar. 23, 2013; Jun. 22, 2015>

1. Medical rehabilitation facilities and rehabilitation services under Article 31 (1) 1: A person operating a general hospital under Article 3 (3) of the Medical Service Act and establish a clinical department relating to medical rehabilitation, after obtaining permission for establishment of a medical institution under Article 33 of that Act;

2. Occupational rehabilitation facilities and rehabilitation services under Article 31 (1) 2: any of the following persons:

(a) A corporation that meets the requirements prescribed by Presidential Decree and has obtained permission from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act, from among associations of persons with residue harm from motor vehicle accidents;

(b) A corporation that meets the requirements prescribed by Presidential Decree and is a social cooperative established in accordance with the Framework Act on Cooperatives, from among associations of persons with residue harm from motor vehicle accidents.

(2) A person who intends to be designated pursuant to paragraph (1) shall file an application with the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on May 27, 2009; Mar. 23, 2013>

(3) Where a person who has been designated pursuant to paragraph (1) (hereinafter "operator of rehabilitation facilities") performs, as the person outsourced with the management and operation of rehabilitation facilities or rehabilitation services, his or her duties relating thereto, he or she shall create a separate account and manage the account clearly separately from other accounting. <Amended on May 27, 2009>

(4) Matters necessary for the procedure for designating and supervision over operators of rehabilitation facilities, and other necessary matters, shall be prescribed by Presidential Decree.

Article 33(Cancellation of designation as operator of rehabilitation facilities) #

(1) Where an operator of rehabilitation facilities falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may cancel his or her designation; provided, where the operator of rehabilitation facilities falls under subparagraph 1 or 2, such designation shall be canceled: <Amended on Mar. 23, 2013>

1. Where it is designated by fraud or other improper means;

2. Where the operator ceases to meet the requirements prescribed in the subparagraphs of Article 32 (1);

3. Where the operator has failed to establish a separate account for this business, and treat the account clearly separately from other accounting for other business, in violation of Article 32 (3);

4. Where the operator has failed to comply with the corrective order issued pursuant to Article 43 (4) on at least three occasions without good cause;

5. Where it becomes impracticable for the operator to continuously perform duties relating to the management and operation of rehabilitation facilities or rehabilitation services due to changes in circumstances, such as the dissolution of corporation.

(2) Where the Minister of Land, Infrastructure and Transport has canceled the designation of an operator of rehabilitation facilities pursuant to paragraph (1) and both of the following situations arise, he or she may allow the person whose designation has been canceled to continue performing his or her duties concerning the management and operation of rehabilitation facilities or rehabilitation services for a specified period and under specific conditions until a new operator of rehabilitation facilities is designated. In such cases, the person whose designation has been canceled shall be deemed an operator of rehabilitation facilities to the extent that he or she continues to perform such duties: <Amended on Mar. 23, 2013>

1. Where it is impracticable to select a new operator of rehabilitation facilities who can commence such duties on the date when the designation was canceled;

2. Where the continued management and operation of rehabilitation facilities or rehabilitation service is necessary.

(3) No person whose designation has been canceled in accordance with paragraph (1) shall be re-designated as an operator of rehabilitation facilities within 2 years from the date when the designation was canceled (if the duties have been continuously performed pursuant to paragraph (2), the date when such duties were terminated).

Article 43(Inspection and inquiry) #

(1) If deemed necessary, the Minister of Land, Infrastructure and Transport may cause public officials under his or her control to enter rehabilitation facilities, medical institutions which have filed claims for motor vehicle insurance medical fees or offices, etc. of the persons entrusted with authority pursuant to Article 45 (1) through (6) to conduct any of the following acts; provided, only the acts set forth in subparagraphs 1 and 3 shall apply to the medical institutions which have filed claims for motor vehicle insurance medical fees: <Amended on May 27, 2009; Mar. 23, 2013; Aug. 6, 2013; Apr. 7, 2020; Jun. 9, 2020>

1. An inspection of papers, such as documents regarding the status of processing of the duties prescribed by this Act;

2. An act of being briefed on matters relating to relevant duties, accounting, and property;

3. An inquiry into relevant persons.

(2) The Minister of Land, Infrastructure and Transport may request a relevant central administrative agency, relevant local government, or the Financial Supervisory Service, etc. to submit such data as may be necessary to ascertain the status of processing of duties concerning the insurance business provided for in this Act or to efficiently conduct the business of guaranteeing compensation for motor vehicle accidents. In such cases, the relevant central administrative agency, relevant local government, or the Financial Supervisory Service, etc. which have been requested to submit the data shall comply therewith unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013>

(3) Any public official who conducts an inspection or inquiry in accordance with paragraph (1) shall carry identification indicating his or her authority and present it to relevant persons.

(4) Where the Minister of Land, Infrastructure and Transport finds any violation of a statute or other misconduct as a result of inspection or report pursuant to paragraph (1), he or she may issue a corrective order to the operator of rehabilitation facilities or the person who has been entrusted with authority. <Amended on Mar. 23, 2013>

Article 45(Entrustment of authority) #

(1) The Minister of Land, Infrastructure and Transport may entrust the following duties to an insurer, etc., an insurance-related organization, or the Traffic Accident Compensation Supervisory Service, as prescribed by Presidential Decree. In such cases, he or she or it shall consult with the Financial Services Commission with regard thereto: <Amended on Feb. 22, 2012; Mar. 23, 2013; Dec. 20, 2016; Nov. 26, 2019>

1. Duties concerning compensation under Article 30 (1);

2. Duties concerning implementing the rights and obligations bestowed upon a person conducting the business of guaranteeing motor vehicle accident compensation who is deemed an insurer, etc. under Article 35;

3. Duties concerning the receipt and management of contributions under Article 37;

4. Duties concerning exercise of a subrogation claim for damages under Article 39 (1);

5. Deleted; <Jan. 9, 2024>

6. Deleted. <Dec. 7, 2021>

(2) The Minister of Land, Infrastructure and Transport may entrust the duties related to the support under Article 30 (2) and the establishment of rehabilitation facilities to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act or to the Traffic Accident Compensation Supervisory Service, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013, Oct. 24, 2017, Feb. 20, 2024>

(3) The Minister of Land, Infrastructure and Transport may entrust duties to organize and operate computer networks for underwriting management provided in Article 7 to any institution in charge of calculating insurance premium rates. <Amended on Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport may entrust duties concerning compensation provided in Article 30 (4) and claims for refund provided in Article 39 (2) to any insurance-related organization or any special corporation established under any special Act. <Amended on Feb. 22, 2012; Mar. 23, 2013>

(5) The Minister of Land, Infrastructure and Transport may entrust business affairs relating to the business of preventing damage from motor vehicle accidents under Article 30-2 (1) to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act and any insurance-related organization. <Added on Aug. 6, 2013; Oct. 24, 2017>

(6) The Minister of Land, Infrastructure and Transport may entrust part of affairs regarding the operation and performance of affairs of the accident investigation committee under Article 39-14 to a public institution under the Act on the Management of Public Institutions. <Added on Apr. 7, 2020>

(7) The Minister of Land, Infrastructure and Transport may pay subsidies to a person entrusted with the authorities under paragraphs (1) or (2) to cover compensation and subsidies to be paid by such person, within the budget. <Amended on Aug. 6, 2013; Apr. 7, 2020>

(8) Any person entrusted with the authority under paragraphs (1) through (6) shall be deemed a public official for the purposes of applying Article 129 through 132 of the Criminal Act. <Added on Feb. 6, 2009; Aug. 6, 2013; Apr. 7, 2020>

(9) Deleted. <Dec. 20, 2016>

Article 46(Penalty provisions) #

(1) A person who divulges any other person's confidential information or personal information which he or she has become aware of or been provided in the course of inspecting medical records, etc., or investigation records relating to traffic accidents, uses such information for any purpose other than for performing his or her duties, or provides such information to a third party, in violation of Article 14 (8), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. In such cases, prosecution may be instituted only where a criminal complaint has been filed. <Added on Jul. 27, 2021>

(2) Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: <Amended on Feb. 6, 2009; Feb. 22, 2012; Jan. 6, 2015; Nov. 26, 2019; Apr. 7, 2020; Jul. 27, 2021>

1. Deleted; <Jul. 27, 2021>

2. An insurer, etc. which fails to establish a separate account for mandatory insurance business and treat the account clearly separately from accounting for other businesses, in violation of Article 27;

3. An operator of a rehabilitation facility who fails to treat the account clearly separately from accounting for other businesses, in violation of Article 32 (3);

3-2. A person who divulges any confidential information learned in the course of performing his or her duties, in violation of Article 39-15 (5);

4. A person who divulges any information or provides such information to any third party for others to use, in violation of Article 45-3.

(3) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Feb. 22, 2012; Jan. 6, 2015; Jul. 27, 2021>

1. A motor vehicle owner who operates his or her motor vehicle during the period of exemption from purchase of mandatory insurance, in violation of Article 5-2 (2);

2. A motor vehicle owner who operates a motor vehicle not covered by mandatory insurance, in violation of the main clause of Article 8.

(4) A medical institution that files a claim for motor vehicle insurance medical fees stating the false medical records, or that prepares false medical records to file such claim, in violation of Article 12 (3), shall be punished by a fine not exceeding 50 million won. <Amended on Jul. 27, 2021>

Article 48(Administrative fines) #

(1) Deleted. <Aug. 6, 2013>

(2) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Apr. 7, 2020>

1. Any insurer, etc. who refuses to pay an advance payment claimed by a victim, in violation of Article 11 (2);

2. Any founder of a medical institution who files a claim for motor vehicle insurance medical fees with a motor vehicle accident patient (or his or her guardian), in violation of Article 12 (5);

3. Any insurer, etc. which refuses to enter into a contract for insurance or mutual aid provided for in Article 5 (1) through (3) with a person applying for such contract, in violation of Article 24 (1);

4. Any insurer, etc. which rescinds or terminates a contract for mandatory insurance, in violation of Article 25;

5. A person who fails to comply with a request from the accident investigation committee without good cause, in violation of Article 39-15 (3);

6. A person who manufactures, assembles, imports, or sells an autonomous driving motor vehicle without an autonomous driving information recorder, in violation of Article 39-17 (1);

7. A person who fails to retain records of an autonomous driving information recorder for a specified period or impairs such records, in violation of Article 39-17 (3).

(3) Any of the following persons shall be subject to an administrative fine not exceeding 3 million Won: <Amended on May 27, 2009>

1. Any person who fails to purchase a mandatory insurance policy provided for in Article 5 (1) through (3);

2. Any insurer, etc. who fails to issue a notice, in violation of Article 6 (1) or (2);

3. Any founder of a medical institution who fails to keep and retain records of outings and sleep-overs by inpatients, in violation of Article 13 (1), or has kept and retained false records;

3-2. Any person who fails to comply with a request for an inspection of records, in violation of Article 13 (3);

3-3. Any person who fails to comply with inspections, requests for reports or questions under Article 43 (1) or who has obstructed or evaded them without good cause;

4. A person who fails to comply with a corrective order under Article 43 (4).

(4) Any person who uses "Traffic Accident Compensation Supervisory Service" or any other name similar thereto in violation of Article 39-6 shall be subject to an administrative fine not exceeding five million won. <Added on Jun. 22, 2015>

(5) Administrative fines set forth in paragraph (2) (excluding subparagraphs 5 through 7) those set forth in paragraph (3) shall be imposed and collected by the head of a Si/Gun/Gu and those set forth in paragraph (2) 5 through 7 and paragraph (4) by the Minister of Land, Infrastructure and Transport, respectively, as prescribed by Presidential Decree. <Added on Feb. 6, 2009; Jun. 22, 2015; Apr. 7, 2020>

COMPULSORY MOTOR VEHICLE LIABILITY SECURITY ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Liability for damage caused by motor vehicles) #

Article 4(Application of the Civil Act) #

Article 5(Mandatory purchase of insurance) #

Article 5-2(Exemption from mandatory purchase of insurance) #

Article 6(Measures against those who have yet to purchase mandatory insurance) #

Article 7(Organization and operation of computer networks for management of mandatory insurance underwriting) #

Article 8(Restrictions on operation) #

Article 9(Request for issuance of mandatory insurance certificate) #

Article 10(Claims for insurance money) #

Article 11(Advance payment to victim) #

Article 12(Claim for and payment of motor vehicle insurance medical fees) #

Article 12-2(Entrustment of duties) #

Article 12-3(Adjustment and settlement of accounts of specialized examination institutions) #

Article 13(Management of inpatients) #

Article 13-2(Discharge and transfer instructions for motor vehicle accident patients) #

Article 14(Inspection of medical records) #

Article 14-2(Application mutatis mutandis where damages exceed upper limit on payouts of liability insurance) #

Article 15(Motor vehicle insurance medical fees) #

Article 15-2(Insured Motor Vehicle Repair Council) #

Article 16 #

Article 17(Motor vehicle Insurance Medical Fees Review Council) #

Article 18(Operational expenses) #

Article 19(Petition for review of motor vehicle insurance medical fees) #

Article 20(Review and decision-making procedures) #

Article 21(Effect of review and decision) #

Article 22(Authority of the Council) #

Article 22-2(Provision of data) #

Article 23(Notification of violation of law) #

Article 23-2(Inspection of operation of the Council) #

Article 23-3(Establishment of Committee for Guaranteeing Motor Vehicle Accident Compensation) #

Article 23-4(Composition of Committee for Guaranteeing Motor Vehicle Accident Compensation) #

Article 24(Obligation to conclude contract) #

Article 25(Rescission of insurance contract) #

Article 26(Succession to mandatory insurance contract) #

Article 27(Separate accounting of mandatory insurance business) #

Article 28(Prior consultation) #

Article 29(Payment of insurance money) #

Article 29-2(Payment of insurance money following autonomous driving motor vehicle accidents) #

Article 30(Business of guaranteeing motor vehicle accident compensation) #

Article 30-2(Business of preventing damage from motor vehicle accidents) #

Article 31(Assistance for rehabilitation of persons with residue harm from motor vehicle accidents) #

Article 32(Designation of operator of rehabilitation facilities) #

Article 33(Cancellation of designation as operator of rehabilitation facilities) #

Article 34 #

Article 35(Application mutatis mutandis of provisions) #

Article 36(Adjustment of compensation under other statutes) #

Article 37(Contributions to business of subsidizing damage from motor vehicle accidents) #

Article 38(Disposition on contributions in arrears) #

Article 39(Subrogation of rights to claims) #

Article 39-2 #

Article 39-3(Establishment of traffic accident compensation supervisory service) #

Article 39-4(Business affairs) #

Article 39-5(Executive officers) #

Article 39-6(Prohibition against use of similar name) #

Article 39-7(Financial resources) #

Article 39-8(Request for submission of materials) #

Article 39-9 #

Article 39-10(Budget and settlement of accounts) #

Article 39-11(Establishment of fund for subsidizing damage from motor vehicle accidents) #

Article 39-12(Establishment and use of fund) #

Article 39-13(Management and operation of fund) #

Article 39-14(Establishment of autonomous driving motor vehicle accident investigation committee) #

Article 39-15(Affairs of accident investigation committee) #

Article 39-16(Cooperation of relevant administrative agencies) #

Article 39-17(Obligations of interested parties) #

Article 40(Prohibition of seizure) #

Article 41(Prescription) #

Article 42(Prohibition of dispositions, such as registration of those who have yet to purchase mandatory insurance) #

Article 43(Inspection and inquiry) #

Article 43-2 #

Article 43-3(Recommendation for discount on premiums) #

Article 44(Delegation of authority) #

Article 45(Entrustment of authority) #

Article 45-2(Provision and management of information) #

Article 45-3(Obligation of person utilizing information) #

Article 45-4(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 46(Penalty provisions) #