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TRUCKING TRANSPORT BUSINESS ACT — 법갈피

영문법령 / TRUCKING TRANSPORT BUSINESS ACT

TRUCKING TRANSPORT BUSINESS ACT

법률일부개정시행 2026-01-01국토교통부,국토교통부,국토교통부,국토교통부,국토교통부 · 제21025호 · 공포 2025-08-14

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the betterment of public welfare by facilitating the efficient management and sound growth of trucking transport business for smooth transportation of cargo.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013; Mar. 18, 2014; Apr. 17, 2018; Aug. 14, 2025>

1. The term "truck" means a truck or special-purpose motor vehicle defined in Article 3 of the Motor Vehicle Management Act and specified by Decree of the Ministry of Land, Infrastructure and Transport;

2. The term "trucking transport business" means a trucking transport service, freight forwarding business, and franchise trucking business;

3. The term "trucking transport service" means the business involving transportation of cargo by truck for consideration in response to a request from a third person. In such cases, where cargo is unsuitable for transportation by any vehicle for a passenger transportation service because of its weight, volume, shape, or other characteristics, the shipper is allowed to travel by the truck with the cargo loaded, but the guidelines for such cargo, the scope of vehicles eligible for transportation of such cargo, and other relevant matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport;

4. The term "freight forwarding business" means the business of acting in the capacity of a commercial broker or agent for contracting for transportation of cargo for consideration in response to a request from a third person or business that engages in the transportation of cargo in its own name and on its own account by means of trucking owned by a person who engages in a trucking transport service or franchise trucking business (including the business of additionally providing incidental services, such as packaging and storage, where cargo consists of packages for moving);

5. The term "franchise trucking business" means the business involving transportation of cargo for consideration by its own trucks in response to a request from a third person or engaging one of its trucking franchisees (referring only to franchisees that are transport service providers under Article 3 (3) or that are persons to whom the management of a trucking transport service is partially entrusted pursuant to Article 40 (1)) to transport cargo through a cargo information network (including Internet websites and applications for mobile telecommunications terminals; hereinafter the same shall apply);

Article 3(Permission for trucking transport service) #

(1) Any person who intends to provide a trucking transport service shall obtain permission from the Minister of Land, Infrastructure and Transport as follows: <Amended on Mar. 23, 2013; Apr. 17, 2018>

1. General trucking transport service: A business transporting cargo by a fleet of trucks of at least the number of units specified by Presidential Decree, which shall be at least 20 units;

2. Individual trucking transport service: A business transporting cargo by one truck as prescribed by Presidential Decree.

(2) No person who has obtained permission for franchise trucking business in accordance with Article 29 (1) is required to obtain permission under paragraph (1).

(3) Where a person who has obtained permission for trucking transport service under paragraph (1) (hereinafter referred to as "transport service provider") intends to modify the matters already permitted, he or she shall obtain permission for modification from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, where he or she intends to amend a minor matter prescribed by Presidential Decree modified, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport shall notify a reporting person as to whether he or she accepts a report within three days from the date the report on modification is filed under the proviso of paragraph (3). <Added on Mar. 21, 2017>

(5) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person as to whether he or she accepts a report or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (4), the report shall be deemed accepted on the day immediately following the end of the period. <Added on Mar. 21, 2017>

(6) The methods, procedures, etc. for filing an application for permission under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Apr. 17, 2018>

(7) Permission for trucking transport service or permission for modification that involves the expansion of a fleet of trucks under paragraph (1) or the main clause of paragraph (3), shall be granted in compliance with the following guidelines: <Amended on Mar. 23, 2013; Jun. 22. 2015; Mar. 21, 2017; Mar. 20, 2018; Apr. 17, 2018; Dec. 31, 2018; Apr. 13, 2021>

1. The trucking transport business shall meet the supply standards publicly notified by the Minister of Land, Infrastructure and Transport for each type of business pursuant to paragraph (6), based upon the demand for transportation of cargo; provided, the following cases shall be excluded herefrom:

(a) Where permission is granted for a limited period not exceeding six months under paragraph (12);

(b) Where an application is filed for permission pursuant to Article 13;

(c) Where an application is filed for or permission for modification for a truck with a maximum load capacity not exceeding that prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which is an electric motor vehicle or hydrogen electric vehicle, as defined in Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles, under the condition that the motor vehicle and the management thereof shall not be entrusted to any third person;

2. The trucking transport business shall meet the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport regarding the number of trucks, transport facilities including a depot (hereinafter referred to as "transport facilities"), and other relevant matters.

(8) In any of the following cases, a transport service provider is not allowed to amend permitted matters accompanying the expansion of his or her fleet of trucks: <Amended on Mar. 21, 2017>

1. Where he or she breaches an order issued pursuant to Article 13 for improvement;

2. Where one year has not passed since he or she was ordered to reduce his or her fleet of trucks pursuant to Article 19 (1).

(9) Each transport service provider shall report to the Minister of Land, Infrastructure and Transport matters regarding the standards relevant to permission granted under paragraph (5) at an interval prescribed by Presidential Decree within a period of five years from the date permission was granted pursuant to paragraph (1), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 29, 2015; Mar. 21, 2017>

(10) If a report filed pursuant to paragraph (9) has no defect in its descriptions or accompanying documents and meets the formalities prescribed in statutes or regulations, etc., it shall be deemed that the duty to report is fulfilled when the report arrives at the receiving agency. <Added on Mar. 21, 2017>

(11) Where a transport service provider intends to remain at any place other than his or her principal place of business for business activities, he or she shall establish a business office at such other place with permission from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, the foregoing shall not apply to an individual transport service provider. <Added on Mar. 18, 2014; Mar. 21, 2017; Apr. 17, 2018>

(12) Where a person who has been an owner of an entrusted truck under an entrustment contract terminated under Article 40-3 (3) applies for permission under paragraph (1) within three months from the date of cancellation of permission or reduction of trucks, the Minister of Land, Infrastructure and Transport may grant permission by restricting the period to a maximum of six months (hereinafter referred to as "temporary permission"); provided, where the person who has been an owner of the entrusted truck is directly related to the ground for cancellation of permission or reduction of trucks of a transport service provider, he or she shall be excluded. <Added on Jun. 22, 2015; Mar. 21, 2017; Jun. 9, 2020>

(13) Where a person granted temporary permission under paragraph (12) fails to conclude an entrustment contract with another transport service provider within the permitted period and the period of temporary permission expires, he or she may apply for permission pursuant to paragraph (1) within three months. <Added on Jun. 22, 2015; Mar. 21, 2017>

(14) The Minister of Land, Infrastructure and Transport may add conditions or a term to the permission for modification, involving permission for trucking transport service or for increasing a fleet of trucks, for order in the trucking transport business. <Added on Jun. 22, 2015; Mar. 21, 2017>

(15) The Minister of Land, Infrastructure and Transport shall not grant permission for modification for the relocation of a principal place of business to a transport service provider whose business has been suspended. <Added on Mar. 20, 2018>

Article 5-9(Establishment of Committee on Safe Freight Rates for Trucks) #

(1) The Committee on Safe Freight Rates for Trucks (hereinafter referred to as the "Committee") shall be established with affiliation to the Minister of Land, Infrastructure and Transport for examining and resolving on the following matters:

1. Determination and adjustment of safe transportation costs for trucks and safe freight rates for trucks;

2. Cargo items, types of vehicles, etc. to which safe transportation costs for trucks and safe freight rates for trucks apply;

3. Research on, and recommendations for, the development of the system of safe freight rates for trucks;

4. Other matters tabled by the Minister of Land, Infrastructure and Transport before the Committee for examination as important matters regarding safe freight rates for trucks.

(2) The Committee shall be comprised of the following members not exceeding 15 persons, including a Chairperson, and its Chairperson shall be elected by the Committee from among its members representing public interests:

1. Committee members representing truck owner-operators;

2. Committee members representing transport business operators;

3. Committee members representing shippers;

4. Committee members representing public interests.

(3) The Committee may appoint up to three special members, from among public officials from relevant administrative agencies, in addition to the members specified in paragraph (2), and such special members may attend and express their opinions at Committee meetings.

(4) The Committee shall establish a special committee comprised of experts in relevant areas to have the special committee render advice on the Committee's business affairs, including the determination of safe transportation costs for trucks, or conduct preliminary review on matters subject to examination and resolution by the Committee. In such cases, the Committee may entrust the special committee with part of its administrative work.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the Committee, the qualification for, and commissioning to, special committee members, the composition and operation of the special committee, etc. shall be prescribed by Presidential Decree.

[This Article Added on Aug. 14, 2025]

The part concerning safe freight rates for trucks in the amended provisions of Article 5-9 of the Act (Act No. 21025 promulgated on Aug. 14, 2025) shall remain in effect until December 31, 2028, under Article 2 of the Addenda of that Act.

Article 8(Qualifications for truck drivers) #

(1) A person who intends to engage in trucking transport business as a driver shall satisfy subparagraph 3 or 4 after meeting the requirements in subparagraphs 1 and 2: <Amended on Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013>

1. Such person shall meet the requirements prescribed by Decree of the Ministry of Land, Infrastructure and Transport as those necessary for driving jobs, including age and career experience as a driver;

2. Such person shall meet the standards of in-depth examination of a driver's aptitude prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, the in-depth examination of a driver's aptitude shall be conducted by the Minister of Land, Infrastructure and Transport;

3. Such person shall pass an examination conducted by the Minister of Land, Infrastructure and Transport on the Trucking Transport Business Act and statutes or regulations, guidelines for handling cargo, and other relevant rules, and shall complete the prescribed training courses;

4. Such person shall complete traffic safety experiences in the research and education facilities for traffic safety experiences under Article 56 of the Traffic Safety Act, and theoretical and practical training education on guidelines for handling cargo, the Trucking Transport Business Act and statutes or regulations, and other relevant rules provided by the Minister of Land, Infrastructure and Transport.

(2) The Minister of Land, Infrastructure and Transport shall issue, to a person who satisfies the requirements under paragraph (1), a qualification certificate indicating that such person is qualified as a truck driver (hereinafter referred to as "truck driver qualification certificate"). <Amended on Mar. 23, 2013>

(3) No person who has obtained a truck driver qualification certificate under paragraph (2) shall lend his or her qualification certificate to any other person. <Added on Apr. 13, 2021>

(4) No person may borrow any third person's truck driver qualification certificate. <Added on Apr. 13, 2021>

(5) No one shall arrange the acts prohibited under paragraphs (3) or (4). <Added on Apr. 13, 2021>

(6) Matters regarding the examination, training courses, and issuance of qualification certificates under paragraphs (1) and (2) and other relevant matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Apr. 13, 2021>

[Title Amended on Apr. 13, 2021]

Article 9-2(Restrictions on working as drivers for trucking transport business) #

(1) None of the following persons shall work as a driver for a door-to-door delivery service provided in subparagraph 3 (a) of Article 2 of the Last Mile Delivery Service Industry Development Act, regardless of whether such person is qualified as a truck driver under Article 8: <Amended on Jan. 26, 2021>

1. A person for whom the period specified by Presidential Decree, considering the type and nature of crime, the length of sentence, the likelihood of recidivism and other factors, within a maximum of 20 years has yet to elapse after the date imprisonment without labor or heavier punishment to which he or she is sentenced for any of the following crimes was completely executed (including cases where such punishment is deemed to have been completely executed) or remitted:

(a) Crimes prescribed in each subparagraph of Article 2 (1) of the Act on Special Cases concerning the Punishment of Specific Violent Crimes;

(b) A crime under Article 5-2, 5-4, 5-5, 5-9, and 11 of the Act on the Aggravated Punishment of Specific Crimes;

(d) A crime under Article 2 (1) 2 through 4 and Article 3 through 9 and 15 (excluding attempted crimes under Article 14) of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(e) A crime under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;

2. A person for whom the period of suspension has yet to elapse after he or she was sentenced to the suspension of execution of imprisonment without labor or heavier punishment for a crime under subparagraph 1.

(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may send an inquiry on criminal records to the Commissioner General of the National Police Agency only for information necessary to verify records of the crimes under paragraph (1).

[This Article Added on Aug. 14, 2018]

Article 11(Transport service providers' obligations) #

(1) Each transport service provider shall conscientiously perform his or her business affairs within the permitted scope of business, but shall not propose any unfair terms or conditions of transportation, refuse to enter into a transportation contract without good cause, or engage in any conduct that may seriously undermine orderly transportation of cargo.

(2) No transport service provider shall coerce any driver to drive in excess of normal working hours, so as to prevent the driver from overworking and to ensure the safety in operations.

(3) No transport service provider shall transport any cargo that does not conform to the guidelines for transportation of cargo under the latter part of subparagraph 3 of Article 2.

(4) No transport service provider shall offer to or receive from a motor vehicle management business operator under the Motor Vehicle Management Act (hereinafter referred to as "motor vehicle management business operator") any bribe in connection with a vehicle malfunctioning or involved in an accident or in the transportation of cargo. <Amended on Jan. 19, 2016>

(5) Each transport service provider shall guide and supervise trucking employees engaged in the relevant trucking transport service to ensure they conscientiously perform the obligations under Article 12.

(6) No transport service provider shall unfairly return all or some of freight rates and charges that he or she has received as consideration for transportation of cargo to the relevant shipper, another transport service provider, or a person who operates freight forwarding business.

(7) No transport service provider shall install a fare meter for a taxi (referring to a passenger car used for passenger transport business in a specified area, as prescribed in Article 3 (1) 2 of the Passenger Transport Service Act; hereinafter the same shall apply) or affix a sign similar to any taxi sign specified by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jul. 16, 2013>

(8) Each transport service provider shall keep a table of freight rates and charges and copies of a standard form transportation contract at his or her place of business or in his or her truck to produce to a user at his or her request.

(9) Deleted. <Apr. 17, 2018>

(10) Deleted. <Apr. 17, 2018>

(11) Deleted. <Apr. 17, 2018>

(12) Deleted. <Apr. 17, 2018>

(13) Upon receipt of a request from the entrusted owner-operator or the individual transport service provider to whom a transport service provider has consigned cargo transportation, the transport service provider shall issue a cargo consignment note specifying the person who requested loading the cargo, the type and weight of cargo, freight rates, and other information prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, where a transport service provider consigns the cargo transportation to an entrusted owner-operator or individual transport service provider, who owns a truck defined in the Motor Vehicle Management Act with a maximum loading capacity of at least 1.5 tons, the transport service provider shall issue a cargo consignment note, except for the cargo specified by Decree of the Minister of Land, Infrastructure and Transport, and such entrusted owner-operator or individual transport service provider shall receive the cargo consignment note. <Added on Jun. 15, 2011; Mar. 23, 2013; Jun. 22, 2015; Mar. 21, 2017; Apr. 17, 2018>

(14) Where a transport service provider transfers or acquires a trucking transport service under Article 16 (1), he or she shall not impose on entrusted owner-operators expenses incurred in such transfer or acquisition. <Added on May 28, 2014; Mar. 21, 2017>

(15) No transport service provider shall sell a vehicle that an entrusted owner-operator has conveyed to him or her for investment in kind to any third person or pledge such vehicle to any third person, without the entrusted owner-operator's consent thereto; provided, such vehicle may be pledged for an amount up to the maximum of the entrusted owner-operator's obligations upon giving prior notice on such pledge, if an obligation of an entrusted owner-operator arises due to the entrusted owner-operator's breach of obligation of management of the vehicle, such as the payment of insurance premiums or the payment of installments of the price for the vehicle. <Added on May 28, 2014; Mar. 21, 2017>

(16) When a vehicle is conveyed to a transport service provider under an entrustment contract for investment in kind, as referred to in Article 40 (3), such transport service provider shall register the entrusted owner-operator as an in-kind investor in the motor vehicle register under the Motor Vehicle Management Act. <Added on May 28, 2014; Mar. 21, 2017>

(17) No transport service provider shall restrict an entrusted owner-operator from concluding a transport contract with another transport service provider concurrently for at least one year or accord any disadvantage to an entrusted owner-operator on the ground of such contract. <Added on May 28, 2014; Mar. 21, 2017>

(18) Where a transport service provider consigns cargo transport under Article 11-2, he or she may not consign any cargo transport which violates any of the criteria under Article 77 of the Road Act and Article 39 of the Road Traffic Act. <Added on Jun. 22, 2015; Mar. 21, 2017>

(19) No transport service provider shall conduct any activity which disturbs the order of cargo transport, such as re-consigning volume entrusted via a cargo information network of a trucking franchisor under Article 11-2 (5) or cargo information network certified under Article 38 of the Framework Act on Logistics Policies. <Added on Dec. 29, 2015; Mar. 21, 2017>

(20) Each transport service provider shall take necessary measures, such as using covers, packaging, and fastening devices, to prevent loaded cargo from falling, in accordance with the standards and methods prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Nov. 28, 2017>

(21) Pursuant to Article 3 (7) 1 (c), no transport service provider with permission under paragraph (1) of said Article or permission for modification under paragraph (3) of said Article shall entrust a motor vehicle or management of a motor vehicle to any third person in breach of any condition of the permission or permission for modification. <Added on Mar. 20, 2018>

(22) Each transport service provider shall take necessary measures to have employees working as truck drivers receive training courses pursuant to Article 59 (1); and shall not allow any employee to work as a truck driver without receiving such training courses. <Added on Aug. 14, 2018>

(23) No transport service provider shall dismantle or manipulate any electric and electronic device (limited to speed limiters) without permission, in violation of Article 35 of the Motor Vehicle Management Act. <Added on Aug. 14, 2018>

(24) The Minister of Land, Infrastructure and Transport may establish rules on the following matters by Decree of the Ministry of Land, Infrastructure and Transport, in addition to the obligations specified in paragraphs (1) through (23): <Amended on Jun. 15, 2011; Mar. 23, 2013; Jul. 16, 2013; May 28, 2014; Jun. 22, 2015; Dec. 29, 2015; Mar. 21, 2017; Nov. 28, 2017; Mar. 20, 2018; Aug. 14, 2018>

1. Rules on the use of depots for trucking transport service and transport facilities;

2. Other rules that transport service providers shall observe in order to promote the safety of transportation and shippers' convenience.

Article 11-2(Duty of transport service providers to directly transport cargo) #

(1) Each transport service provider prescribed by Decree of the Ministry of Land, Infrastructure and Transport shall directly transport cargo for which he or she has concluded transportation contracts with shippers, using his or her own vehicles, by at least the ratio prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided,, where he or she transports cargo using vehicles prescribed by Decree of the Ministry of Land, Infrastructure and Transport, he or she shall be deemed to directly transport such cargo. <Amended on Mar. 23, 2013>

(2) No transport service provider shall consign the transportation of cargo, except that directly transported under paragraph (1), to any person other than the following:

1. Another transport service provider;

2. An entrusted owner-operator belonging to another transport service provider.

(3) A transport service provider to whom another transport service provider or a freight forwarder consigns the transportation of a cargo or a transport service provider (limited to a transport service provider who is a trucking franchisee) to whom a trucking franchisor consigns the transportation of a cargo shall directly transport the cargo by vehicles in his or her possession; provided, a transport service provider to whom the transportation of a cargo is consigned by another transport service provider or by a freight forwarder is deemed to directly transport cargo, if the transport service provider transports the cargo by a vehicle prescribed by Decree of the Ministry of Land, Infrastructure and Transport pursuant to the proviso of paragraph (1). <Amended on May 28, 2014>

(4) The main clause of paragraph (1) concerning direct transportation shall also apply where a transport service provider operates freight forwarding business in addition to the trucking transport business.

(5) If a transport service provider (including a transport service provider to whom another transport service provider or a freight forwarder consigns the transportation of cargo, as referred to in paragraph (3)) consigns the transportation of cargo by using the cargo information network of a trucking franchisor or the cargo information network certified under Article 38 of the Framework Act on Logistics Policies, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, the transport service provider shall be deemed to have directly transported the cargo. <Amended on Mar. 23, 2013; May 28, 2014; Jun. 22, 2015>

[This Article Added on Jun. 15, 2011]

Article 13(Improvement orders) #

If the Minister of Land, Infrastructure and Transport deems it necessary for ensuring the safety of operations, establishing order in transportation, and promoting shippers' convenience, he or she may issue an order to a transport service provider to take the following measures: <Amended on Mar. 23, 2013; May 28, 2014>

1. To amend the standard form of transportation contract;

2. To alter the structure of trucks or improve transport facilities;

3. To take measures for the safe transportation of cargo;

4. To subscribe to a cargo indemnity insurance policy provided for in Article 35 and an insurance policy or a liability mutual aid agreement that each transport service provider is obligated to purchase or conclude in accordance with the Compulsory Motor Vehicle Liability Security Act;

5. To make it possible to operate a vehicle registered in the name of the transport service provider under an entrustment contract in accordance with Article 40 (3) by filing an application for attaching and sealing a registration number plate to the vehicle under Article 10 (3) of the Motor Vehicle Management Act, immediately upon receipt of a request from the entrusted owner-operator, if the registration number plate of such vehicle has been damaged or lost;

6. To report the replacement of a retired vehicle registered in the name of the transport service provider under an entrustment contract in accordance with Article 40 (3) and to initiate other processes, upon receipt of a request from an entrusted owner-operator, if it is necessary to replace the retired vehicle with another vehicle due to the expiration of the vehicle's useful life, a traffic accident, or other cause or event;

7. To make it possible to operate a vehicle registered in the name of the transport service provider under an entrustment contract in accordance with Article 40 (3) by immediately filing an application for replacing and sealing the registration number plate of the vehicle, if the principal place of use of the vehicle is changed to another City/Do;

8. Other measures prescribed by Presidential Decree as necessary for the improvement of trucking transport service.

Article 16(Transfer and acquisition of trucking transport service) #

(1) Where a trucking transport service is transferred to a third party, the transferee shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(2) Where two legal entities, both of whom are transport service providers, merge (excluding where a corporation that is a transport service provider acquires, for merger, another legal entity that is not a transport service provider), the legal entity surviving the merger or newly established as a consequence of the merger shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport shall notify a reporting person as to whether he or she accepts a report within five days from the date the report under paragraph (1) or (2) is filed. <Added on Mar. 21, 2017>

(4) If the Minister of Land, Infrastructure and Transport fails to notify a reporting person as to whether he or she accepts a report or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (3), the report shall be deemed accepted on the day immediately following the end of the period. <Added on Mar. 21, 2017>

(5) The Minister of Land, Infrastructure and Transport may restrict the transfer, acquisition, and merger of trucking transport service under paragraphs (1) and (2), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, to maintain a regional balance between truck supply and demand and build a stable and orderly shipping market. <Added on Jun. 15, 2011; Mar. 23, 2013; Mar. 21, 2017>

(6) Upon filing a report under paragraph (1) or (2), a transferee of a trucking transport service succeeds to the status of the transferor as a transport service provider, and the corporation newly established in the course of a merger or surviving a merger succeeds to the status of the legal entity dissolving upon the merger as a transport service provider. <Amended on Jun. 15, 2011; Mar. 21, 2017>

(7) Article 4 shall apply mutatis mutandis to disqualification of a transferee or a corporation surviving a merger or newly incorporated in the course of a merger under paragraph (1) or (2). <Amended on Jun. 15, 2011; Mar. 21, 2017>

(8) Where a report is filed in accordance with paragraph (1) or (2), the entrusted owner-operator who has an entrustment contract concluded with the person who has transferred a trucking transport service is deemed to have concluded an entrustment contract under the same terms and conditions with the person who has acquired the trucking transport service, and the entrusted owner-operator who has an entrustment contract concluded with a corporation dissolving upon the merger shall be deemed to have concluded an entrustment contract under the same terms and conditions with the corporation surviving or newly established after the merger. <Added on May 28, 2014; Mar. 21, 2017>

(9) Neither of the following transport service providers may transfer his or her business to any third person: <Added on Jun. 22, 2015; Mar. 21, 2017; Mar. 20, 2018>

1. A transport service provider who has obtained permission prescribed in Article 3 (1), pursuant to paragraph (7) 1 (b) of said Article;

2. A transport service provider who has obtained permission prescribed in Article 3 (1) or permission for modification prescribed in paragraph (3) of said Article, pursuant to paragraph (7) 1 (c) of said Article.

Article 19(Revocation of permission for trucking transport service) #

(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission issued to a transport service provider or issue an order to a transport service provider to suspend his or her business operations completely or partially for a prescribed period not exceeding six months or to reduce the number of vehicles; provided, the Minister of Land, Infrastructure and Transport shall revoke permission without exception in cases falling under subparagraph 1, 5, or 13: <Amended on Jun. 15, 2011; Mar. 23, 2013; Mar. 18, 2014; Jan. 6, 2015; Jun. 22, 2015; Mar. 21, 2017; Apr. 13, 2021>

1. Where a transport service provider obtains permission under Article 3 (1) by wrongful means;

1-2. Where a transport service provider fails to produce transport results meeting the guidelines prescribed by Decree of the Ministry of Land, Infrastructure and Transport for six months after having obtained permission;

2. Where a transport service provider obtains permission for modification prescribed in Article 3 (3) by wrongful means or modifies any of the permitted matters without obtaining permission for modification;

3. Where a transport service provider fails to meet any of the guidelines under Article 3 (7);

4. Where a transport service provider fails to file a report under Article 3 (9) or files a false report;

4-2. Where a transport service provider who owns at least two trucks remains at a place other than his or her principal place of business and conducts business activities at the place without permission for establishing a business office prescribed in Article 3 (11);

4-3. Where a transport service provider violates any condition or term under Article 3 (14);

5. Where a transport service provider falls under any subparagraph of Article 4; provided, if any executive officer of a legal entity falls under any subparagraph of Article 4, but is replaced within three months, permission shall not be revoked;

6. Where a transport service provider employs a person with no qualification as a truck driver to transport a cargo;

7. Where a transport service provider breaches any obligation under Article 11;

7-2. Where a transport service provider breaches the duty of direct transportation, etc. under Article 11-2;

7-3. Deleted; <Mar. 21, 2017>

7-4. Where a transport service provider who directly drives one of his or her own trucks, a trucking employee employed by a transport service provider, or an entrusted owner-operator is subject to an administrative fine under Article 70, on at least three occasions a year, in violation of Article 12 (1) 5;

8. Where a transport service provider fails to comply with an improvement order under Article 13 without good cause;

9. Where a transport service provider fails to comply with an order to commence his or her business operations in accordance with Article 14 without good cause;

9-2. Where a transport service provider transfers his or her business in violation of Article 16 (9);

10. Where a transport service provider violates a disposition of business suspension or an order to reduce the number of vehicles made or issued pursuant to this Article;

11. Where a transport service provider causes a serious traffic accident or causes frequently repeated traffic accidents, resulting in a number of casualties;

12. Where a transport service provider subject to suspension of subsidies pursuant to Article 44-2 (1) falls under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension;

12-2. Where a transport service provider fails to file a report under Article 47-2 (1) or files a false report;

12-3. Where a transport service provider fails to meet the standards under Article 47-2 (2);

13. Where a transport service provider is sentenced to imprisonment without labor or heavier punishment for filing fraudulent or wrongful insurance claim in connection with a traffic accident involving a truck, and such sentence becomes final and conclusive.

14. Where he or she operates or causes to operate a truck aged at least the number of years prescribed by Presidential Decree operated without undergoing a regular inspection under Article 43 (1) 2 of the Motor Vehicle Management Act or a comprehensive motor vehicle inspection under Article 43-2 of the same Act.

(2) The guidelines and procedures for the revocation of permission, the disposition of business suspension, and orders for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.

(3) The guidelines and procedures for the revocation of the permission, the disposition of business suspension, or the order for reduction of the number of vehicles under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.

[Title Amended on Mar. 18, 2014]

Article 21(Imposition of penalty surcharges) #

(1) Where the Minister of Land, Infrastructure and Transport issues a disposition of business suspension against a transport service provider who falls under any subparagraph of Article 19 (1), but if the disposition of business suspension is likely to cause severe inconvenience to users of the trucking transport service or undermine public interest otherwise, he or she may impose and collect a penalty surcharge not exceeding 20 million won in lieu of the disposition, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(2) The amount of a penalty surcharge depending upon the category and severity of an offense against which the penalty surcharge under paragraph (1) shall be imposed and other necessary matters shall be prescribed by Presidential Decree.

(3) Where a person against whom a penalty surcharge has been imposed pursuant to paragraph (1) fails to pay it by the prescribed deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as national taxes in arrears are collected. <Amended on Mar. 23, 2013>

(4) No penalty surcharge collected pursuant to paragraph (1) shall be used (or spent as a subsidy or a loan) for any purpose other than those provided for in the following: <Amended on Jun. 15, 2011>

1. Construction and expansion of cargo terminals;

2. Construction and expansion of common depots (referring to depots established or leased by a trade association, a transport service provider, or a trucking franchisor to provide them to transport service providers or trucking franchisors for common use; hereinafter the same shall apply);

3. Improvement of business management and other necessary matters concerning the development of trucking transport business, including providing information on cargo;

4. Payment of reporting rewards under Article 60-2 (1).

(5) The Minister of Land, Infrastructure and Transport shall establish and implement plans for the management of collected penalty surcharges, as prescribed by Ministerial Decree of Land, Infrastructure, and Transport. <Amended on Mar. 23, 2013>

Article 23(Revocation of qualifications as truck drivers) #

(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the qualification of a truck driver or may suspend the validity of a qualification of a truck driver for a prescribed period not exceeding six months; provided, the Minister of Land, Infrastructure and Transport shall revoke the relevant qualification without exception in cases falling under subparagraph 1, 2, 5, 6, 7, 9, or 10: <Amended on Mar. 23, 2013; May 22, 2013; Jul. 16, 2013; Mar. 18, 2014; Aug. 9, 2017; Aug. 14, 2018; Apr. 13, 2021>

1. Where such person falls under any subparagraph of Article 4 applied mutatis mutandis pursuant to subparagraph 1 of Article 9:

2. Where such person acquires the qualification as a truck driver by fraud or other improper means;

3. Where such person violates Article 14 (4);

4. Where such person causes a traffic accident while transporting cargo by intent or gross negligence, killing or injuring any third person;

5. Where such person lends his or her truck driver qualification certificate to a third person, in violation of Article 8 (3);

6. Where such person continues working as a truck driver while his or her qualification as a truck driver was suspended;

7. Where the driver's license for driving a truck under the Road Traffic Act is revoked;

7-2. Where the driver’s license for driving a truck is suspended under Article 93 (1) 5-2 of the Road Traffic Act for violation of Article 46-3 of said Act;

8. Where such person violates Article 12 (1) 3, 7, or 9;

9. Where such person is sentenced to imprisonment without labor or heavier punishment for filing fraudulent or wrongful insurance claim in connection with a traffic accident involving a truck, and such sentence becomes final and conclusive;

10. Where such person violates Article 9-2 (1).

(2) Matters regarding the criteria and procedures for dispositions under paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(3) Deleted. <Apr. 13, 2021>

Article 24(Permission for freight forwarding business) #

(1) Any person who intends to operate freight forwarding business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, a person who has obtained permission for franchise trucking business under Article 29 (1) is not required to obtain permission for freight forwarding business. <Amended on Mar. 23, 2013>

(2) Where any person who obtains permission for freight forwarding business under the main clause of paragraph (1) (hereinafter referred to as "freight forwarder") intends to have such permission amended, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport shall notify a reporting person as to whether he or she accepts a report within five days from the date a report or report on modification is filed under paragraph (2). <Added on Mar. 21, 2017>

(5) Deleted. <Apr. 17, 2018>

(6) The prerequisites for permission for freight forwarding business under paragraph (1) are as follows: <Amended on Mar. 23, 2013; Mar. 21, 2017; Apr. 17, 2018; Jun. 9, 2020>

1. The business shall satisfy the supply standards publicly notified by the Minister of Land, Infrastructure and Transport, based upon demands for brokerage in transportation of cargo;

2. The space of its office and other matters shall meet the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(7) Article 3 (9) shall apply mutatis mutandis to reporting on matters regarding the prerequisites for permission for a freight forwarder. <Amended on Mar. 21, 2017>

(8) If a freight forwarder intends to remain at a place other than his or her principal place of business in order to conduct business activities, he or she shall establish a business office at the place with permission therefor obtained from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Mar. 18, 2014; Mar. 21, 2017>

Article 26(Freight forwarders’ obligations) #

(1) Regarding cargo for which a freight forwarder has concluded a transportation contract in his or her own name, the freight forwarder shall not make a subcontract with another freight forwarder for the remaining amount after deducting a certain amount from the original contract amount; provided, the same shall not apply where the freight forwarder commissions another freight forwarder to act in the capacity of a broker or agent to consign the transportation of cargo directly to an entrusted owner-operator or an individual transport service provider so that the cargo may be transported more efficiently. <Amended on Jun. 15, 2011; Apr. 17, 2018>

(2) Regarding cargo for which a freight forwarder was requested by a shipper to act in the capacity of a broker or agent, the freight forwarder shall not commission another freight forwarder to act in the capacity of a broker or agent for the cargo as consideration for a fee or any other compensation.

(3) A freight forwarder shall include matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as standards for imposing fees for brokerage and agency services, in the terms and conditions of freight forwarding to be reported by applying mutatis mutandis pursuant to Article 28. <Added on Jan. 9, 2024>

(4) No freight forwarder shall give any false information to transport service providers about the type, weight, or volume of cargo or any other relevant fact, or act in the capacity of a broker for cargo transport in violation of Article 77 of the Road Act or Article 39 of the Road Traffic Act. <Amended on Jun. 22, 2015>

(5) Deleted. <Apr. 17, 2018>

(6) Arranging cargo by a freight forwarder to a trucking business franchisor for transportation shall not be deemed making a subcontract or acting in the capacity of a broker or agent under paragraph (1) or (2).

(7) Matters to be observed by freight forwarders to ensure orderly transportation of cargo and promote shippers' convenience, other than those provided for in paragraphs (1) through (4) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Jun. 15, 2011; Mar. 23, 2013; Jan. 9, 2024>

Article 27(Revocation of permission for freight forwarding business) #

(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission granted to a freight forwarder or order a freight forwarder to suspend operation of his or her business for a prescribed period not exceeding six months; provided, the Minister of Land, Infrastructure and Transport shall revoke the relevant permission without exception in cases falling under subparagraph 1, 2, or 9: <Amended on Jun. 15, 2011; Mar. 23, 2013; Jul. 16, 2013; Mar. 18, 2014; May 28, 2014; Jun. 22, 2015; Dec. 29, 2015; Mar. 21, 2017; Nov. 28, 2017; Mar. 20, 2018; Apr. 17, 2018; Aug. 14, 2018>

1. Where a freight forwarder falls under any subparagraph of Article 4 applied mutatis mutandis pursuant to Article 28; provided, where one of the executive officers of a corporation falls under any subparagraph of Article 4, but is replaced within three months, the permission shall not be revoked;

2. Where a freight forwarder obtains permission under Article 24 (1) by fraud or other improper means;

3. Where a freight forwarder ceases to meet any of the prerequisites for permission referred to in Article 24 (6);

4. Where a freight forwarder fails to file a report pursuant to Article 24 (7) or files a false report;

4-2. Where a freight forwarder permanently remains at a place other than his or her principal place of business and conducts business activities at such place without permission for establishing a business office referred to in Article 24 (8);

5. Where a freight forwarder violates Article 25;

6. Where a freight forwarder breaches an obligation under Article 26;

7. Where a freight forwarder breaches an obligation under Article 11 (excluding paragraphs (3), (4), (7), (14) through (18), and (20) through (24) of said Article), which shall apply mutatis mutandis pursuant to Article 28;

7-2. Deleted. <Mar. 21, 2017>

8. Where a freight forwarder fails to comply with any improvement order under Article 13 (excluding subparagraphs 2 and 5 through 7 of said Article), which shall apply mutatis mutandis pursuant to Article 28;

8-2. Where a freight forwarder fails to file a report under Article 47-2 (1) or files a false report;

9. Where a freight forwarder continues business during a period of business suspension in violation of any order to suspend business under this Article;

10. Deleted. <Dec. 29, 2015>

(2) The criteria and procedures for the revocation of permission under paragraph (1) or business suspension and other necessary matters shall be prescribed by Presidential Decree.

Article 29(Permission for franchise trucking business) #

(1) A person who intends to operate franchise trucking business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(2) Where a trucking franchisor who obtains permission under paragraph (1) intends to have the permission amended, he or she shall obtain permission for modification from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, where he or she intends to have a minor matter therein modified, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(3) The prerequisites for permission for franchise trucking business or permission for modification that involves the expansion of a fleet of trucks under paragraph (1) or the main clause of paragraph (2) are as follows: <Amended on Mar. 23, 2013; Apr. 17, 2018>

1. The franchise trucking business shall meet the supply standards publicly notified by the Minister of Land, Infrastructure and Transport, based upon the demand for transportation of cargo;

2. The franchise trucking business shall meet the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport regarding the number of trucks (including the number of trucks owned by trucking franchisees), transport facilities, and other relevant matters.

(4) Article 3 (9) shall apply mutatis mutandis to reporting on matters regarding the prerequisites for permission for a trucking franchisor. <Amended on Mar. 21, 2017>

(5) If a trucking franchisor intends to remain at a place other than his or her principal place of business in order to conduct business activities, he or she shall establish a business office at the place with permission therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Mar. 18, 2014>

(6) The Minister of Land, Infrastructure and Transport shall notify an applicant as to whether he or she grants permission or permission for modification or whether he or she accepts a report within 20 days from the date an application for permission or permission for modification under paragraph (1), (2), or (5) or a report on modification is filed. <Added on Mar. 21, 2017>

(7) If the Minister of Land, Infrastructure and Transport fails to notify an applicant as to whether he or she grants permission or accept a report or whether he or she will extend the processing period under the statutes or regulations relevant to the processing of civil petitions within the period specified in paragraph (6), the permission or report shall be deemed granted or accepted on the day immediately following the end of the period. <Added on Mar. 21, 2017>

Article 32(Revocation of permission for franchise trucking business) #

(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission issued to a trucking franchisor or order a trucking franchisor to suspend his or her business operations completely or partially for a prescribed period not exceeding six months or to reduce the number of trucks; provided, the Minister of Land, Infrastructure and Transport shall revoke permission without exception in cases falling under subparagraph 1 or 4: <Amended on Jun. 15, 2011; Mar. 23, 2013; Mar. 18, 2014; Jan. 6, 2015; Jun. 22, 2015; Apr. 17, 2018; Apr. 13, 2021>

1. Where a trucking franchisor falls under any subparagraph of Article 4, applied mutatis mutandis pursuant to Article 33; provided, such permission shall not be revoked if one of the executive officers of a corporation falls under any subparagraph of Article 4, but is replaced within three months;

2. Where a trucking franchisor has a person unqualified as a truck driver to transport cargo;

3. Where a trucking franchisor fails to comply with an order to commence business operations under Article 14, applied mutatis mutandis pursuant to Article 33, without good cause;

4. Where a trucking franchisor obtains permission under Article 29 (1) by fraud or other improper means;

5. Where a trucking franchisor obtains permission for modification under Article 29 (2) by fraud or other improper means;

6. Where a trucking franchisor ceases to meet any of the prerequisites for the permission or permission for modification under Article 29 (3);

7. Where a trucking franchisor fails to file a report under Article 29 (4) or files a false report;

7-2. Where a trucking franchisor remains at a place other than his or her principal place of business and conducts business activities at the place without permission for establishing a business office under Article 29 (5);

8. Where a trucking franchisor fails to comply with an improvement order under Article 31 without good cause;

9. Where a trucking franchisor violates Article 11 or 25 (excluding where he or she allows his or her trucking franchisees to use his or her own business mark), applied mutatis mutandis pursuant to Article 33;

9-2. Deleted; <Mar. 21, 2017>

10. Where a trucking franchisor violates any provisions of Article 7, 9 through 11, 13, and 14 of the Fair Transactions in Franchise Business Act, applied mutatis mutandis pursuant to Article 34 (excluding where an improvement order is issued pursuant to Article 31);

11. Where a trucking franchisor violates an order issued pursuant to this Article to suspend business or reduce the number of vehicles;

12. Where a trucking franchisor injures or kills at least one person in a severe traffic accident or frequent traffic accidents;

13. Where a trucking franchisor subject to the suspension of subsidies pursuant to Article 44-2 (1) falls under any subparagraph of Article 44-2 (1) once again within five years from the date of such suspension;

13-2. Where a trucking franchisor fails to file a report under Article 47-2 (1) or files a false report;

(2) The scope of serious traffic accidents and frequent traffic accidents under paragraph (1) 12 shall be prescribed by Presidential Decree.

Article 40(Entrustment of business management) #

(1) Where necessary to operate trucking transport business more efficiently, a transport service provider may entrust any of his or her vehicles and of the management of his or her business to any third person (referring to any individual other than a transport service provider) or entrust any part of the management of his or her business to a person who has contributed vehicles in kind. <Amended on Jun. 15, 2011>

(2) The Minister of Land, Infrastructure and Transport may restrict the entrustment of business management under Article 3 (14), notwithstanding paragraph (1), where necessary to maintain order in the cargo transport market and improvement of transportation services by transport service providers. <Added on Jun. 22, 2015; Mar. 21, 2017>

(3) Both a transport service provider and an entrusted owner-operator shall conclude a contract for entrustment fairly in accordance with an agreement made between them on equal terms and shall act in good faith and with sincerity in fulfilling the contract. <Added on Jun. 15, 2011>

(4) The parties shall enter into a contract under paragraph (3) specifying the vehicle owner, the term of contract, and other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport and shall exchange written contracts signed and sealed by each of the parties and keep them. In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify a standard-form entrustment contract to firmly establish a sound trading system and ensure fairness in contracting; and may recommend giving priority to the standard form. <Added on Jun. 15, 2011; Mar. 23, 2013; May 28, 2014; Apr. 17, 2018; Jun. 9, 2020>

(5) The term of a contract for entrustment under paragraph (3) shall be at least two years. <Added on May 28, 2014>

(6) Each Mayor/Do Governor may establish and operate a dispute mediation council for trucking transport service, as prescribed by Presidential Decree, to assist trucking transport business in settling disputes arising in connection with the conclusion and performance of contracts for entrustment under paragraph (3). <Added on Jun. 15, 2011; May 28, 2014>

(7) In any of the following cases where the terms and conditions of an entrustment contract under paragraph (3) are substantially unfair to one party, the relevant terms and conditions shall become void: <Added on Jun. 22, 2015; Jun. 9, 2020>

1. Where one party shifts responsibility onto the other party for the matters hardly predictable at the time of entering into the contract in light of all the circumstances related to the type, terms and conditions, etc. of a transportation contract;

2. Where one party undermines the other party's legitimate interests by providing the terms and conditions of a contract as per unilateral intention if there is no specific determination or there are conflicts between the parties for the terms and conditions of contract;

3. Where one party undermines the other party's legitimate interests by determining that he or she excessively deducts or adds the liability for damages of a party for nonfulfillment of a contract;

4. Where one party excludes or limits the rights of the other party which are acknowledged by relevant statutes or regulations, such as the Civil Act and this Act, without any reasonable reasons;

5. Where terms and conditions of an entrustment contract are substantially unfair for one of the parties, making it necessary to nullify the relevant terms and conditions, which is prescribed by Presidential Decree.

Article 40-2(Renewal of entrustment contracts) #

(1) If a transport service provider is requested by an entrusted owner-operator to renew the relevant entrustment contract during a period of between 150 days and 60 days before the term of the entrustment contract expires, the transport service provider shall not reject such request, except in any of the following cases: <Amended on Apr. 17, 2018>

1. In either of the following cases where the entire term of an entrustment contract, including the initial term of the entrustment contract, does not exceed six years:

(a) Where the entrusted owner-operator concluded the entrustment contract by fraud or other improper means;

(b) Where the transport service provider falls under any of the grounds prescribed by Presidential Decree as serious grounds making it impracticable for the transport service provider to renew the entrustment contract;

2. In any of the following cases where the entire term of an entrustment contract, including the initial term of the entrustment contract, exceeds six years:

(a) In either of the cases referred to in subparagraph 1;

(b) Where the entrusted owner-operator fails to make monthly payments to the transport service provider as required under the entrustment contract (referring to the sum of the amounts payable in the relevant month where it was agreed to make at least two payments per month) on at least six occasions (excluding where the amount of the monthly payments under the entrustment contract substantially exceeds the amount of ordinary monthly payments in the same type of business);

(c) Where the entrusted owner-operator fails to fulfill any term or condition stipulated in the standard-form entrustment contract under the latter part of Article 40 (4);

(d) Where the transport service provider falls under any of the grounds prescribed by Presidential Decree as serious grounds making it impracticable for the transport service provider to continue business operations normally.

(2) If a transport service provider intends to reject a request for renewal under paragraph (1), he or she shall give written notice of the grounds for rejection to the relevant entrusted owner-operator within 15 days from the date he or she receives the request.

(3) If a transport service provider fails to give notice of rejection under paragraph (2) or to notify the relevant entrusted owner-operator, in writing, of an amendment to the terms and conditions of the relevant entrustment contract or of his or her intention not to renew the entrustment contract during a period of between 150 days and 60 days before the term of the entrustment contract expires, it shall be deemed that another entrustment contract is concluded under the same terms and conditions as those of the entrustment contract prior to the expiration of the contract; provided, the foregoing shall not apply where an entrusted owner-operator raises any objection by not later than 30 days before the expiration of the contract or where a natural disaster or any inevitable cause or event specified by Presidential Decree occurs to the transport service provider or to the entrusted owner-operator.

[This Article Added on May 28, 2014]

Article 40-3(Termination of entrustment contracts) #

(1) Where a transport service provider intends to terminate an entrustment contract, he or she shall give written notice to the relevant entrusted owner-operator at least twice, that he or she will terminate the contract if the entrusted owner-operator does not rectify his or her breach of the contract within a given grace period of at least two months, informing the entrusted owner-operator of the breach of the contract in detail; provided, the foregoing shall not apply where any of the serious problems specified by Presidential Decree make it impracticable to maintain the entrustment contract.

(2) Termination of an entrustment contract without fulfilling the procedures under paragraph (1) shall have no effect.

(3) Where a transport service provider is subject to measures to revoke permission or reduce the number of trucks (it only applies where the trucks of an entrusted owner-operator are subject to measures to reduce the number of trucks) under Article 19 (1) due to any of the following reasons, the relevant entrustment contract concluded between the transport service provider and the entrusted owner-operator shall be deemed terminated: <Added on Jun 22, 2015>

1. Article 19 (1) 1, 2, 3, or 5;

2. Where a transport service provider is subject to measures to revoke permission or reduce the number of trucks due to the causes attributable to him or her (excluding where it is possible to take measures to revoke permission or reduce the number of trucks due to willfulness of an entrusted owner-operator), which is prescribed by Presidential Decree.

(4) The Minister of Land, Infrastructure and Transport or a federation shall support a person who was an entrusted owner-operator of an entrustment contract terminated under paragraph (3) to conclude an entrustment contract with another transport service provider. In such cases, the transport service provider who has concluded the entrustment contract with the relevant entrusted owner-operator shall not demand any bribe in return for such entrustment contract. <Added on Jun. 22, 2015>

[This Article Added on May 28, 2014]

[Title Amended on Jun. 22, 2015]

Article 43(Financial support) #

(1) If deemed necessary to provide financial support for a local government, a public institution prescribed by Presidential Decree among those under the Act on the Management of Public Institutions, a local government-invested public corporation under the Local Public Enterprises Act, a trade association, or a transport business operator in implementing any of the following projects, the State may grant a subsidy or loan to cover part of the funds required, as prescribed by Presidential Decree: <Amended on Jun. 15, 2011; Mar. 23, 2013; Jun. 9, 2020>

1. A project for constructing common depots and public truck depots;

2. A project for building a trucking transport business information system;

3. A project for replacing outworn vehicles;

4. A project for conversion to fuel-efficient or environment-friendly trucks, etc. and for investment in facilities and equipment necessary for such conversion;

5. A project for constructing truck stops;

6. A project for expanding and improving facilities and equipment for the improvement of trucking transport business;

7. Other activities for the rationalization of business management of trucking transport business as specified by Decree of the Ministry of Land, Infrastructure and Transport.

(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (including any Gun within a Metropolitan City; hereafter the same shall apply in this Article and Article 44, 44-2, and 60-2) may grant transport service providers, trucking franchisors, and persons entrusted with trucking transport business in accordance with Article 40 (1) (hereafter referred to as "transport service providers, etc." in this Article and Article 44 and 44-2) a full or partial subsidy for an increase in the following taxes and charges imposed on petroleum, as prescribed by Presidential Decree: <Amended on Mar. 31, 2010; Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015; Apr. 13, 2021>

1. Education tax, traffic, energy, and environment tax, and automobile tax imposed respectively on diesel oil pursuant to Article 5 (1) of the Education Tax Act, Article 2 (1) 2 of the Traffic, Energy and Environment Tax Act, and Article 136 (1) of the Local Tax Act;

2. Individual consumption tax, education tax, and dues which are imposed on butane among petroleum gas, respectively, pursuant to Article 1 (2) 4 (f) of the Individual Consumption Tax Act, Article 5 (1) of the Education Tax Act, and Article 18 (2) 1 of the Petroleum and Alternative Fuel Business Act.

(3) Where a transport service provider, etc. purchases hydrogen for the operation of hydrogen electric vehicles defined in subparagraph 6 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may fully or partially subsidize the expenses incurred therein, as prescribed by Presidential Decree. <Added on Apr. 13, 2021>

Article 44-2(Suspension of subsidies) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall suspend the payment of a subsidy under Article 43 (2) or (3) for a period not exceeding five years, as prescribed by Presidential Decree, where a transport service provider, etc. falls under any of the following cases: <Amended on Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015; Apr. 13, 2021; Jul. 27, 2021>

1. Where he or she receives a subsidy from a petroleum retailer defined in subparagraph 9 of Article 2 of the Petroleum and Alternative Fuel Business Act, a liquefied petroleum gas filling business entity defined in subparagraph 5 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act, or a hydrogen seller defined in Article 50 (1) of the Hydrogen Economy Promotion And Hydrogen Safety Management Act (hereinafter referred to as "refueling business entity, etc.") by issuing false tax invoice under Article 32 of the Value-Added Tax Act;

2. Where he or she receives a subsidy by making transactions or commissioning any third person to vicariously make transactions by means of any credit card, debit card, or card used for application of subsidy as pre-paid card (hereinafter referred to as "purchase card for petroleum, etc.") defined in Article 2 of the Specialized Credit Finance Business Act under the pretense of purchasing petroleum or hydrogen from a refueling business entity, etc. or in excess of the actual purchase amount;

3. Where he or she receives a subsidy in connection with oil or hydrogen used for any purpose other than trucking transport business;

4. Where he or she receives a subsidy by misrepresenting the amount of oil or hydrogen purchased and consumed by another transport service provider, etc. as his or her own;

5. Where he or she receives a subsidy by fraud or other improper means in violation of any matter prescribed by Presidential Decree under Article 43 (2) or (3);

6. Where he or she fails to comply with a request to provide a statement of vindication and corroborative facts under paragraph (3) or refuses, evades, or interferes with any inspection or investigation under said paragraph.

(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall suspend the transaction function of the oil purchase card of the relevant place of business for a period not exceeding five years, as prescribed by Presidential Decree, if a refueling business entity, etc. has participated or colluded in any conduct falling under any subparagraph of paragraph (1); provided, where a refueling business entity, etc. participates or colludes in any conduct falling under any subparagraph of paragraph (1) within five years from the date on which the transaction function of an oil purchase card is suspended, the transaction function of an oil purchase card shall be suspended permanently. <Added on Jun. 22, 2015; Jul. 27, 2021>

(3) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may request a transport service provider, etc. to provide a statement of vindication and corroborative facts evidencing the details of transactions so as to ascertain whether the transport service provider, etc. falls under any of following cases and, if necessary, may direct public officials under his or her control to visit a place of business of the transport service provider, etc. to inspect accounting books, documents, and other things or to ask questions to the relevant persons: <Amended on Jun. 22, 2015>

1. Whether a transport service provider, etc. has engaged in any conduct falling under any of paragraph (1) 1 through 5;

2. Whether a refueling business entity, etc. has participated or colluded in a conduct falling under any of paragraph (1) 1 through 5.

(4) In conducting an investigation or inspection under paragraph (3), a notice specifying the details and date of and reasons for such investigation or inspection shall be given to the relevant transport service provider, etc. by not later than seven days beforehand; provided, the same shall not apply to emergencies or where it is deemed that advance notice would lead to the destruction of evidence or otherwise make it impracticable to attain the purpose of the investigation or inspection. <Amended on Jun. 22, 2015>

(5) Public officials conducting investigations or inspections under paragraph (3) shall carry identification indicating their authority and show it to interested persons, and those who visit a place of business shall present a document stating their names, the time and purpose of their visit, etc. to interested persons. <Amended on Jun. 22, 2015>

[This Article Added on Jun. 15, 2011]

Article 45(Establishment of public truck depots) #

(1) A person falling under any item of subparagraph 9 of Article 2 may establish and operate a public truck depot on his or her own account or may lease it (or entrust the management of the depot) to any of the following persons: <Amended on Apr. 17, 2018>

1. A trade association;

2. A transport service provider;

3. A trucking business franchisor;

4. A cooperative under subparagraph 1 of Article 2 of the Framework Act on Cooperatives, which consists of transport service providers.

(2) When a person who establishes a public truck depot pursuant to paragraph (1) (hereinafter referred to as "person who establishes a truck depot") intends to establish a public truck depot, such person shall formulate a plan for establishing and operating the public truck depot (hereinafter referred to as "plan for the establishment and operation"). <Amended on Jun. 22, 2015; Apr. 17, 2018>

(3) When a person who establishes a truck depot, other than a Mayor/Do Governor, intends to formulate a plan for the establishment and operation pursuant to paragraph (2), such person shall obtain approval thereof in advance from the competent Mayor/Do Governor. The same shall also apply where such person intends to amend an approved plan. <Amended on Apr. 17, 2018>

(4) When a person who establishes a truck depot formulates or amends a plan for the establishment and operation or obtains approval of a plan or amended plan pursuant to paragraph (2) or (3), such person shall give public notice thereof through the public gazette or publish it in daily newspapers, etc. <Added on Apr. 17, 2018>

(5) Where a Mayor/Do Governor formulates a plan for the establishment and operation or approves a plan for the establishment and operation formulated by a person who establishes a truck depot, other than a Mayor/Do Governor, under paragraph (2) or (3), Article 46-4 shall apply mutatis mutandis to the authorization, permission, etc. for matters relating to the plan. <Added on Jun. 15, 2011; Apr. 17, 2018>

(6) Where an installer of a truck depot formulates or modifies an installation and operation plan pursuant to paragraph (2) or (3), he or she shall consult with the Superintendent of an Office of Education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") on the impact of the installation or modification of a public truck depot on the safety of students' school attendance. <Added on Dec. 7, 2021>

Article 46-2(Expansion of truck stops) #

(1) In order to improve truck drivers' working conditions and facilitate the transportation of cargo, the Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan to expand truck stops (hereinafter referred to as "comprehensive plan for truck stops") along freight routes and in major logistics hubs, on a five-yearly basis. <Amended on Mar. 23, 2013>

(2) A comprehensive plan for truck stops shall include the following: <Amended on Mar. 23, 2013>

1. Current conditions of and future demand for truck stops;

2. Systematic supply of truck stops;

3. Placement of truck stops by year and region;

4. Upgrading and increasing efficiency of truck stops;

5. Other matters relating to the expansion of truck stops, as prescribed by Decree of Ministry of Land, Infrastructure and Transport.

(3) Where the Minister of Land, Infrastructure and Transport seeks to formulate a comprehensive plan for truck stops or to modify any matter therein prescribed by Decree of the Ministry of Land, Infrastructure and Transport, he or she shall first hear from Mayors/Do Governors and consult with the heads of related central administrative agencies. <Amended on Mar. 23, 2013>

(4) Where the Minister of Land, Infrastructure and Transport formulates a comprehensive plan for truck stops pursuant to paragraph (1) or modifies any matter in such plan pursuant to paragraph (3), he or she shall publish such fact in the Official Gazette. <Amended on Mar. 23, 2013>

(5) Any project operator under Article 46-3 (2) may request the Minister of Land, Infrastructure and Transport to modify a comprehensive plan for truck stops if necessary. <Amended on Mar. 23, 2013>

(6) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor approves the formulation or modification of a construction plan pursuant to Article 46-3 (6) and (7), he or she shall ensure that it does not conflict or overlap with a comprehensive plan for truck stops. <Amended on Mar. 23, 2013>

(7) Matters necessary for formulating comprehensive plans for truck stops and other matters shall be prescribed by Presidential Decree.

[This Article Added on Jun. 15, 2011]

Article 46-3(Implementation of projects for construction of truck stops) #

(1) Persons eligible to operate a project for construction of truck stops shall be as follows:

1. The State or a local government;

2. Public institutions prescribed by Presidential Decree from among those prescribed in the Act on the Management of Public Institutions;

3. Local government-invested public corporations prescribed in the Local Public Enterprises Act;

4. Corporation designated by those provided for in subparagraphs 1 through 3, as prescribed by Presidential Decree.

(2) Any person who seeks to operate a project for construction of truck stops pursuant to paragraph (1) (hereinafter referred to as "project operator") shall formulate a plan for construction of truck stops (hereinafter referred to as "construction plan"), including information prescribed by Presidential Decree, such as the name and objectives of the project, the areas in which the project is to be operated, and the size of such areas.

(3) The areas in which truck stops are to be constructed and the facility standards shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(4) Where a project operator formulates a construction plan under paragraph (2), he or she shall publicly announce the plan as prescribed by Presidential Decree and shall make copies of the relevant documents available for public inspection for at least 20 days.

(5) With respect to a project for construction of truck stops, interested persons may present their opinions to the project operator regarding the relevant construction plan during period of public inspection under paragraph (4), and the project operator shall reflect such opinions in the construction plan if they are deemed reasonable.

(6) Upon completion of the public announcement and public inspection under paragraph (4), the project operator shall obtain approval from the competent Mayor/Do Governor for the construction plan; provided, the State, a project operator under paragraph (1) 2, or a person designated by the State or the project operator under paragraph (1) 2 shall obtain such approval from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(7) Where a project operator who has obtained approval pursuant to paragraph (6) intends to modify any matter in the approved construction plan, which is prescribed by Presidential Decree, such as the area in which the project is to be operated and the size of such area, he or she shall obtain approval from a person authorized to approve such modification.

(8) Upon receipt of an application for approval of a construction plan or for the approval of a modification to a construction plan under paragraph (6) or (7), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall make a decision on whether to approve the construction plan or the modification within 60 days from the date the application for the approval of the construction plan or modification is filed, in the absence of special circumstances, and shall publicly notify the approval of the construction plan or modification, if he or she approves the plan or modification. <Amended on Mar. 23, 2013; Mar. 18, 2014>

(9) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor does not make a decision on whether to approve a construction plan or a modification within 60 days from the date the application for the approval of the construction plan or modification under paragraph (6) or (7) is filed, he or she is deemed to have approved the construction plan or modification. <Added on Mar. 18, 2014>

(10) In either of the following cases, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may revoke or amend the approval of a construction plan or may order a project operator to take other necessary measures; provided, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall revoke approval of a construction plan without exception in cases falling under subparagraph 1: <Added on Mar. 18, 2014>

1. If a project operator obtains approval for the construction plan under paragraph (6) by fraud or other improper means;

2. If a project operator continues the relevant project according to a modified construction plan without obtaining approval of the modification under paragraph (7).

[This Article Added on Jun. 15, 2011]

Article 46-4(Constructive authorization and permission) #

(1) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor approves a construction plan or a modification thereto under Article 46-3 (6) or (7), and completes consultation with the heads of relevant administrative agencies in accordance with paragraph (2) on the matters subject to the following authorization, permission, approval, decision, or other similar action (hereinafter referred to "authorization, permission, etc.") with respect to the construction plan, the relevant project operator is deemed to have obtained the relevant authorization, permission, etc. and the relevant authorization, permission, etc. under the following statutes is deemed publicly notified or announced at the time the approval of the construction plan or the modification thereto is publicly notified under Article 46-3 (8): <Amended on Mar. 23, 2013; Jan. 14, 2014; Jun 3, 2014; Jan. 27, 2016; Dec. 27, 2016; Jan. 17, 2017; Jan. 29, 2020>

1. Permission for building under Article 11 of the Building Act, a building report under Article 14 of said Act, modification to permission for building or report under Article 16 of said Act, permission for or a report on erection of a temporary building under Article 20 of said Act, and consultation about building under Article 29 of said Act;

2. A permission to extract aggregate under Article 22 of the Aggregate Extraction Act;

3. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of or reporting on an implementation plan under Article 17 of said Act, a reclamation license under Article 28 of said Act, and approval of an implementation plan for reclamation of public waters under Article 38 of said Act;

4. Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act, and permission to use and benefit from administrative property under Article 20 (1) of the same Act;

5. Permission to use administrative property prescribed in Article 30 of the State Property Act and the disuse of administrative property prescribed in Article 40 of the same Act;

6. Determination of an urban management plan under Article 30 of the National Land Planning and Utilization Act (limited to subparagraph 4 (c) of Article 2 of the National Land Planning and Utilization Act), permission for development activities under Article 56 (1) of said Act, designation of the implementer of an urban planning facility project under Article 86 of said Act, and authorization of an implementation plan under Article 88 of said Act;

7. Permission to use agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;

8. Permission for, or consultation about, diversion of farmland under Article 34 of the Farmland Act;

9. Permission for, or report on, the establishment of emission facilities referred to in 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;

10. Permission to execute road construction works under Article 36 of the Road Act, and permission to occupy and use roads under Article 61 of the same Act;

11. Designation of a project implementer prescribed in Article 11 of the Urban Development Act or approval for an implementation plan prescribed in Article 17 of the same Act;

12. Permission to open a private road under Article 4 of the Private Road Act;

13. Permits to fell, etc. under Article 14 of the Erosion Control Work Act, and the cancellation of designation of land treated for erosion control under Article 20 of the same Act;

14. Permission for and reporting on mountainous district conversion under Articles 14 and 15 of the Mountainous Districts Management Act;

15. Permission for and reporting on the cutting of standing timber, etc. under Article 36 of the Creation and Management of Forest Resources Act, and permission for and reporting on activities within a forest conservation zone under Article 9 (2) 1 and 2 of the Forest Protection Act;

16. Designation of a project operator under Article 16 (1) of the Industrial Sites and Development Act, and approval of an implementation plan under Article 17 (1), 18 (1), and 19 (1) of said Act;

17. Registration of petroleum sales business under Article 10 of the Petroleum and Alternative Fuel Business Act, as prescribed by Presidential Decree;

18. Permission to execute small river conservation works under Article 10 of the Small River Maintenance Act, and permission to occupy and use small rivers under Article 14 of the same Act;

19. Authorization for waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization for installation of private-use waterworks under Articles 52 and 54 of the same Act;

20. Approval of a master plan for public wastewater treatment facilities under Article 49 of the Water Environment Conservation Act;

21. Consultation about a plan for use of energy under Article 10 of the Energy Use Rationalization Act;

22. Registration of motor vehicle dealing business or motor vehicle service business prescribed in Article 53 of the Motor Vehicle Management Act;

23. Permission to dispose of graves established on another person's land, etc. under Article 27 of the Act on Funeral Services;

24. Consultation on the feasibility of supplying integrated energy pursuant to Article 4 of the Integrated Energy Supply Act.

25. Permission to divert grassland under Article 23 of the Grassland Act;

26. Examination for the use of survey results under Article 15 of the Act on the Establishment, Management, etc. of Spatial Data, and reporting on the commencement, alteration, or completion of a project under Article 86 of said Act;

27. Approval for, or reporting on, the installation of waste disposal facilities under Article 29 of the Wastes Control Act;

28. Permission to execute works for construction of a public sewerage system under Article 16 of the Sewerage Act, and permission to occupy and use a public sewerage system under Article 24 of said Act;

29. Permission to execute river works and authorization of a river works execution plan under Article 30 of the River Act, and permission to occupy and use a river under Article 33 of said Act;

30. Permission to implement a harbor development project under Article 9 (2) of the Harbor Act and approval of an implementation plan for the harbor development project under Article 10 (2) of the same Act.

(2) In approving a construction plan or a modification thereto pursuant to Article 46-3 (6) or (7), the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor shall pre-consult with the head of the relevant administrative agency if the construction plan includes any subparagraph of paragraph (1). <Amended on Mar. 23, 2013; Jan. 9, 2024>

(3) Except as provided in paragraphs (1) and (2), Article 24 through 26 of the Framework Act on Administrative Affairs shall apply mutatis mutandis to the standards for and effects of legal fiction, such as authorizations, permits, etc. <Amended on Jan. 9, 2024>

[This Article Added on Jun. 15, 2011]

Article 48(Establishment of Associations) #

(1) Transport business operators that engage in the same type of trucking transport service, freight forwarding business, or franchise trucking business, or those domiciled in the Special Metropolitan City or City/Do may establish an association, subject to authorization by the Minister of Land, Infrastructure and Transport so as to promote the sound development of trucking transport business and pursue common interests of transport business operators. <Amended on Jun. 1, 2012; Mar. 23, 2013; Mar. 18, 2014; Dec. 7, 2021>

(2) The Association shall be a corporation.

(3) The Association shall come into existence upon registering its incorporation at the seat of its principal office.

(4) In order for an association to be established, at least 1/5 of the persons qualified for membership in the association shall participate in its formation as promoters to prepare and adopt the articles of incorporation at its inaugural general meeting with consent from at least 1/3 of those qualified for membership, and shall file an application for authorization with the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(5) Transport business operators may be admitted to an association in accordance with its articles of incorporation.

(6) Qualification for membership, the prescribed number of executive officers and methods for electing them, and other matters necessary for the operation of associations shall be prescribed by articles of incorporation.

(7) An amendment to articles of incorporation shall be subject to authorization by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(8) Matters regarding the mandatory provisions of articles of incorporation and supervision over associations shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(9) The provisions governing incorporated associations in the Civil Act shall apply mutatis mutandis to the associations, except as provided in this Act.

Article 51-6(Projects of mutual aid associations) #

(1) The mutual aid association shall perform the following business affairs:

1. Mutual aid services to cover liability of its members for damage caused by vehicles for business purposes and the liability of its members for cargo damage;

2. Mutual aid services to cover damage caused to vehicles for business purposes by accidents that arise while its members possess, use, or manage such vehicles;

3. Mutual aid services to cover trucking employees' bodily injuries caused by accidents that arise while they possess, use, or manage its members' vehicles for business purposes;

4. Mutual aid assistance in compensation for losses an employee of a mutual aid association sustained due to an occupational accident;

5. Establishment, operation, and management of joint use facilities and the promotion of members' convenience and welfare;

6. Investigations and research projects to improve the management of trucking transport business;

7. Other projects incidental to those listed in subparagraphs 1 through 6, as provided for in its articles of incorporation.

(2) Where a mutual aid association intends to perform mutual aid activities referred to in paragraph (1) 1 through 4, it shall establish mutual aid agreements and obtain authorization thereon from the Minister of Land, Infrastructure and Transport. The same shall apply where the mutual aid association intends to modify authorized matters. <Amended on Mar. 23, 2013>

(3) The mutual aid regulations under paragraph (2) shall include guidelines necessary to operate mutual aid services such as the scope of the Mutual aid services, the details of mutual aid contracts and contributions, mutual aid benefits, the liability reserve fund to cover mutual aid benefits, and the appropriation and accumulation of reserves.

(4) A mutual aid association shall appropriate and accumulate liability reserve and payment reserve for each activity listed in paragraph (3) at the end of each accounting period.

(5) With respect to the mutual aid services listed in paragraph (1) 1 through 4, the Insurance Business Act (excluding Article 193 of said Act) shall not apply.

[This Article Added on Jun. 15, 2011]

Article 60-2(Payment of monetary rewards for reporting) #

(1) A Mayor/Do Governor (in cases falling under subparagraph 3, referring to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun; hereafter in this paragraph the same shall apply) may pay a monetary award to a person who has reported or accused any of the following persons to the Mayor/Do Governor or an investigative agency, as prescribed by Presidential Decree: <Amended on Jan. 19, 2016; Mar. 20, 2018; Apr. 13, 2021; Jul. 27, 2021>

1. A person who has provided or leased a private-use truck commercially for transport purposes, in violation of Article 56;

1-2. A transport service provider or truck driver who has offered to or accepted from a motor vehicle management business operator any bribe in connection with a vehicle malfunctioning or involved in an accident, in violation of Article 11 (4) or 12 (1) 4;

1-3. A transport service provider who fails to take necessary measures, such as using covers, packaging, and fastening devices, in violation of Article 11 (20) (including as applied mutatis mutandis pursuant to Article 33);

2. A person who has violated Article 11-2 (3), the main clause of Article 26 (1), or Article 26 (2);

2-2. Any trucking employee who has operated a truck without taking measures provided in Article 11 (20) in violation of Article 12 (1) 8 (including as applied mutatis mutandis pursuant to Article 33);

3. A person who has been granted a subsidy under Article 43 (2) or (3) by fraud or other improper means;

4. A person who has operated a trucking transport service without permission or permission for modification under Article 3 (1) or (3) or with such permission or permission for modification obtained by fraud or other improper means.

(2) Funds required to pay the monetary awards under paragraph (1) shall be provided by the relevant City/Do or Si/Gun/Gu from its own financial resources.

[This Article Added on Jun. 15, 2011]

Article 67(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won: <Amended on May 28, 2014; Jun. 22, 2015; Dec. 29, 2015; Mar. 21, 2017; Apr. 17, 2018; Aug. 14, 2025>

1. Any person who runs a trucking transport service without permission under Article 3 (1) or (3) or with permission obtained by fraud or other improper means;

1-2. Deleted; <Aug. 14, 2025>

1-3. Any person who offers or accepts a bribe, in violation of Article 5-12 (4);

2. A transport service provider who offers to or accepts from a motor vehicle management business operator any bribe, in violation of Article 11 (4) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);

3. A trucking employee who offers to or accepts from a motor vehicle management business operator any bribe, in violation of Article 12 (1) 4 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);

3-2. A person who fails to comply with an order for improvement under subparagraph 5 or 7 of Article 13;

3-3. A person who transfers his or her business, in violation of Article 16 (9);

4. A person who operates freight forwarding business without permission under Article 24 (1) or with permission obtained by fraud or other improper means;

5. A person who breaches the duty to prevent any third person from using his or her name under Article 25 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);

6. A person who operates franchise trucking business without permission under Article 29 (1) or (2) or with permission obtained by fraud or other improper means;

6-2. A person who changes or deletes information of the system to manage performance in cargo transport under Article 47-4, or makes it unusable by other means, or who searches or copies the information without authority or uses it by other means;

6-3. A person who provides or divulges the materials to manage performance in cargo transport acquired related to his or her duties to others, in violation of Article 47-5, or who uses it for other than its intended purpose;

7. A person who provides or leases a truck for private use to any third person, in return for a charge, for the transportation of cargoes, in violation of Article 56.

[The amended provisions of subparagraph 1-3 of Article 67 of the Act (Act No. 21025 promulgated on Aug. 14, 2025) shall remain in effect until December 31, 2028, under Article 2 of the Addenda of that Act.]

Article 70(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Added on Jun. 15, 2011; Apr. 17, 2018; Aug. 14, 2025>

1. Deleted; <Aug. 14, 2025>

1-2. A person who has paid freight rates lower than the safe freight rates for trucks published by the Minister of Land, Infrastructure and Transport, in violation of Article 5-12 (1) or (2);

2. Any person who fails to comply with an improvement order under Article 51-8 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 51 (2));

3. Any person who fails to comply with a request for disciplinary action against or dismissal of an executive officer or employee or with a corrective order under Article 51-9 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 51 (2)).

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun. 15, 2011; Sep. 16, 2011; May 22, 2013; Mar. 18, 2014; Jun. 22, 2015; Dec. 29, 2015; Apr. 14, 2018; Aug. 14, 2018; Jul. 27, 2021>

1. Any person who fails to file a report on modification to permitted matters in accordance with the proviso of Article 3 (3);

2. Any person who fails to file a report on freight rates and charges in accordance with Article 5 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);

3. Any person who fails to file a report on a standard-form contract in accordance with Article 6 (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);

3-2. Any person who engages in trucking transport business as a truck driver without a truck driver’s qualification certificate;

3-3. Any person who becomes qualified as a truck driver by fraud or other improper means;

4. Any person who violates Article 10;

4-2. Any person who violates Article 10-2 (4) by failing to provide records or providing false records;

5. A transport service provider (excluding persons who was subject to punishment under subparagraph 1 of Article 66) who breaches an obligation under Article 11 (excluding paragraphs (3) and (4) of the same Article, but including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);

6. Any trucking employee (excluding persons who was subject to punishment under subparagraph 2 of Article 66) who breaches an obligation under Article 12 (excluding paragraph (1) 4 of the same Article, but including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);

6-2. A person who refuses to cooperate in, obstructs, or evades an inspection, in violation of Article 12-2 (2);

7. Any person who fails to comply with an order for improvement under Article 13 (excluding orders for improvement under subparagraph 5 or 7 of said Article, but including cases where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28);

7-2. Deleted; <Jun. 22, 2015>

7-3. Deleted; <Jun. 22, 2015>

8. Any person who fails to file a report on transfer, acquisition, merger, or inheritance in accordance with Article 16 (1) or (2), or 17 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);

9. Any person who fails to file a report on temporary or permanent closure of business in accordance with Article 18 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 28 or 33);

10. Any person who fails to return a motor vehicle registration certificate or motor vehicle number plate in violation of Article 20 (1) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 33);

11. Any person who fails to file a report on modification to permitted matters in accordance with Article 24 (2);

12. Any freight forwarder who breaches an obligation under Article 26 (1), (2), (4), or (6);

12-2. Any international logistics mediation business operator who breaches the freight forwarders' obligations under Article 26-2;

13. Any person who fails to file a report on modification to permitted matters in accordance with the proviso of Article 29 (2);

14. Any person who fails to comply with an improvement order under Article 31;

15. Any person who fails to purchase cargo indemnity insurance, etc. under Article 35;

16. Any insurance company, etc. that rejects a request to enter into a liability insurance policy, etc. in violation of Article 36;

17. Any mandatory insurance policyholder or insurance company, etc. that cancels or terminates a liability insurance policy, etc. in violation of Article 37;

18. Any insurance company, etc. that fails to notify relevant facts, in violation of Article 38 (1) or (2);

18-2. Any transport service provider who fails to provide a written contract signed and sealed in accordance with Article 40 (4);

18-3. Any transport service provider who demands a bribe in return for an entrustment contract in violation of Article 40-3 (4);

19. Any person who receives a subsidy or loan in violation of Article 44 (1) or who spends such subsidy or loan for any purpose other than the originally intended purpose;

20. Deleted; <Jun. 22, 2015>

21. Deleted; <Jun. 22, 2015>

21-2. Any person who rejects a request to submit materials for evaluation of cargo transport services under Article 47-6 or actual investigation, or submits false materials;

22. Any person who fails to comply with an order to take measures in accordance with Article 54 (2) or who refuses, interferes with, or evades an examination or inspection;

23. Any person who fails to file a report on operating a private-use truck in accordance with Article 55;

23-2. Any person who breaches an order to restrict or prohibit the use of a private-use truck under Article 56-2;

23-3. Any person who fails to undergo a training course under Article 59 (1);

24. Any person who fails to files a report under Article 61 (1) or who files a false report;

25. Any person who fails to submit documents in accordance with Article 61 (1) or who submits a false document;

26. Any person who refuses, interferes with, or evades an inspection under Article 61 (1);

27. Any person who rejects a request for submitting materials or making oral statements for determining safe transportation costs for trucks under Article 62-2 or who submits false materials or makes a misrepresentation.

(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jun. 15, 2011; Mar. 23, 2013>

(4) Deleted. <Jun. 15, 2011>

(5) Deleted. <Jun. 15, 2011>

[The amended provisions of Article 70 (1) 1-2 of the Act (Act No. 21025 promulgated on Aug. 14, 2025) shall remain in effect until December 31, 2028, under Article 2 of the Addenda of that Act.]

TRUCKING TRANSPORT BUSINESS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Permission for trucking transport service) #

Article 4(Grounds for disqualification) #

Article 5(Freight rates and charges) #

Article 5-2 #

Article 5-3 #

Article 5-4 #

Article 5-5 #

Article 5-6 #

Article 5-7 #

Article 5-8 #

Article 5-9(Establishment of Committee on Safe Freight Rates for Trucks) #

Article 5-10(Standards for deliberation on safe transportation costs and safe freight rates for trucks) #

Article 5-11(Publication of safe transportation costs and safe freight rates for trucks) #

Article 5-12(Effect of safe freight rates for trucks) #

Article 5-13(Duty to inform of safe freight rates for trucks) #

Article 5-14(Report Center for Safe Freight Rates for Trucks) #

Article 5-15(Survey of transportation costs) #

Article 6(Standard form transportation contract) #

Article 7(Transport service provider's liability) #

Article 8(Qualifications for truck drivers) #

Article 9(Grounds for disqualification) #

Article 9-2(Restrictions on working as drivers for trucking transport business) #

Article 10(Maintaining records of employed truck drivers) #

Article 10-2(Keeping and maintaining truck drivers' traffic safety records) #

Article 11(Transport service providers' obligations) #

Article 11-2(Duty of transport service providers to directly transport cargo) #

Article 11-3 #

Article 12(Trucking employees' obligations) #

Article 12-2(Inspections of trucks in operation) #

Article 13(Improvement orders) #

Article 14(Orders for commencement of business operations) #

Article 15 #

Article 15-2 #

Article 16(Transfer and acquisition of trucking transport service) #

Article 17(Inheritance of trucking transport service) #

Article 18(Reporting on temporary or permanent closure of trucking transport service) #

Article 19(Revocation of permission for trucking transport service) #

Article 20(Suspending operation of motor vehicles) #

Article 21(Imposition of penalty surcharges) #

Article 22(Hearings) #

Article 23(Revocation of qualifications as truck drivers) #

Article 24(Permission for freight forwarding business) #

Article 25(Prohibition on lending freight forwarder's name) #

Article 26(Freight forwarders’ obligations) #

Article 26-2(Application of freight forwarders' obligations to international logistics mediation business operators) #

Article 27(Revocation of permission for freight forwarding business) #

Article 28(Provisions applicable mutatis mutandis) #

Article 29(Permission for franchise trucking business) #

Article 30(Roles of trucking franchisors and trucking franchisees) #

Article 31(Improvement orders) #

Article 32(Revocation of permission for franchise trucking business) #

Article 33(Provisions applicable mutatis mutandis) #

Article 34(Application mutatis mutandis of the Fair Transactions in Franchise Business Act) #

Article 34-2 #

Article 34-3 #

Article 34-4(Use of cargo information networks) #

Article 35(Obligation to purchase cargo indemnity insurance) #

Article 36(Obligation to enter into contract such as cargo indemnity insurance) #

Article 37(Cancellation of liability insurance policies) #

Article 38(Notification of expiry dates of liability insurance policies) #

Article 39(Efforts for rationalization of business) #

Article 40(Entrustment of business management) #

Article 40-2(Renewal of entrustment contracts) #

Article 40-3(Termination of entrustment contracts) #

Article 40-4(Transfer of entrustment contracts) #

Article 40-5(Survey on entrustment contracts) #

Article 41(Management guidance) #

Article 42(Training courses for managers) #

Article 43(Financial support) #

Article 44(Use of subsidies) #

Article 44-2(Suspension of subsidies) #

Article 45(Establishment of public truck depots) #

Article 46 #

Article 46-2(Expansion of truck stops) #

Article 46-3(Implementation of projects for construction of truck stops) #

Article 46-4(Constructive authorization and permission) #

Article 46-5(Expropriation and use) #