ENFORCEMENT DECREE OF THE TRAFFIC SAFETY ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Traffic Safety Act and those necessary for the enforcement thereof.

Article 2(Designated administrative agency) #

A designated administrative agency defined in subparagraph 5 of Article 2 of the Traffic Safety Act (hereinafter referred to as the "Act") shall be as follows: <Amended on Mar. 15, 2010; Jul. 12, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 19, 2017; Oct. 1, 2025; Dec. 30, 2025>

1. The Ministry of Finance and Economy;

2. The Ministry of Education;

3. The Ministry of Justice;

4. The Ministry of the Interior and Safety;

5. The Ministry of Culture, Sports and Tourism;

6. The Ministry of Agriculture, Food and Rural Affairs;

7. The Ministry of Trade, Industry and Resources;

8. The Ministry of Health and Welfare;

8-2. The Ministry of Climate, Energy and Environment;

9. The Ministry of Employment and Labor;

10. The Ministry of Gender Equality and Family;

11. The Ministry of Land, Infrastructure and Transport;

12. The Ministry of Oceans and Fisheries;

12-2. The Ministry of Planning and Budget;

13. The Korean National Police Agency;

14. Central administrative agencies designated by the Prime Minister as deemed particularly necessary in terms of traffic safety policies.

[This Article Wholly Amended on Feb. 29, 2008]

Article 2-2(Types and scope of road in complex) #

A road in a complex defined in subparagraph 10 of Article 2 of the means any of the following passages created in a multi-family housing complex subject to compulsory management under Article 2(1)2a through d of the Act Multi-Family Housing Management Act and a school defined in Article 2 of the Higher Education Act: <Amended on Jul. 16, 2024>

1. Roadways;

2. Sidewalks;

3. Bicycle lanes.

[This Article Added on Nov. 24, 2020]

Article 3(Subsidization to cover expenses for installing tachographs) #

(1) The State or a local government may provide a subsidy or loan for necessary funds within the budget in order to subsidize a person who is required to install a tachograph referred to in Article 55(1) of the Act (hereinafter referred to as "tachograph") to cover the expenses for installing the tachograph pursuant to Article 9(2) of the Act.

(2) A person who intends to receive a subsidy to cover the expenses for installing a tachograph pursuant to paragraph (1) shall file an application with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply), along with documents, etc. proving the installation of a tachograph.

(3) Upon subsidizing the installation of a tachograph pursuant to paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may inspect whether it is installed.

[This Article Added on Aug. 19, 2011]

Article 4(Subsidization to cover expenses for installing lane departure warning systems) #

(1) The State or a local government may provide within the budget a person who is required to install a lane departure warning system under Article 55-2 of the Act (hereinafter referred to as "lane departure warning system") with subsidies or loans to cover the expenses for installing such lane departure warning system, pursuant to Article 9(2) of the Act.

(2) A person who intends to be subsidized to cover expenses for installing a lane departure warning system pursuant to paragraph (1) shall file an application with a Mayor/Do Governor or the head of a Si/Gun/Gu, along with documents proving the installation of the lane departure warning system.

(3) Upon subsidizing the installation of a lane departure warning system pursuant to paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may inspect whether it is installed.

[This Article Added on Jul. 17, 2017]

Article 5(Recommendation and reporting) #

(1) The Chairperson of the National Transport Commission may recommend the head of a designated administrative agency to implement matters necessary for promoting a basic plan for national traffic safety and an implementation plan for national traffic safety and to implement a new policy for preventing traffic accidents. <Amended on Jan. 7, 2010>

(2) Upon receipt of a recommendation under paragraph (1), the head of a designated administrative agency shall formulate a promotional plan therefor and report it to the Chairperson of the National Transport Commission. <Amended on Jan. 7, 2010>

Article 6(Expert members) #

(1) The working committee for national traffic safety under Article 106(1)3 of the Enforcement Decree of the National Transport System Efficiency Act (hereinafter referred to as "working committee for national traffic safety") may have up to three expert members, if necessary to survey and research specialized matters regarding traffic safety. <Amended on Jan. 7, 2010; Apr. 24, 2018>

(2) Expert members may attend and speak at a meeting upon request of the Chairperson of the National Transport Commission and the National Transport Commission or the chairperson of the working committee for national traffic safety and the working committee for national traffic safety. <Amended on Jan. 7, 2010>

Article 7 #

Deleted. <Jan. 7, 2010>

Article 8(Composition and operation of Si/Gun/Gu traffic safety policy deliberative committee) #

(1) A Si/Gun/Gu traffic safety policy deliberative committee under Article 13(1) of the Act (hereinafter referred to as "Si/Gun/Gu traffic safety committee") shall be composed of up to 20 members, including one chairperson and one vice chairperson, and its members shall be persons appointed or commissioned by the head of a Si/Gun/Gu, from among public officials belonging to administrative agencies related to traffic safety and persons with extensive expertise and experience in traffic safety. <Amended on Aug. 19, 2011; Sep. 7, 2012; Apr. 24, 2018>

(2) Article 107(3) of the National Transport System Efficiency Act, Article 105 of the Enforcement Decree of that Act, and Article 6 of this Decree shall apply mutatis mutandis to the operation of a Si/Gun/Gu traffic safety committee. <Amended on Jan. 7, 2010; Apr. 24, 2018>

[Title Amended on Sep. 7, 2012]

Article 9(Allowances) #

Allowances and travel expenses may be paid to expert members under Article 6 and members of a Si/Gun/Gu traffic safety committee under Article 8 within budgetary limits; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties. <Amended on Jan. 7, 2010; Sep. 7, 2012; Apr. 24, 2018>

Article 10(Formulation of basic plans for national traffic safety) #

(1) The Minister of Land, Infrastructure and Transport shall prepare guidelines for formulating or changing a basic plan for national traffic safety (hereafter in this Article referred to as "guidelines for formulation") and shall notify the head of a designated administrative agency of such guidelines by the end of June of the preceding year of the year immediately before the commencement of a planned year, pursuant to Article 15(3) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The head of a designated administrative agency shall prepare a draft plan for traffic safety by jurisdiction in accordance with the guidelines for formulation and submit it to the Minister of Land, Infrastructure and Transport by the end of February of the year immediately before the commencement of the planned year. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport shall combine and coordinate the draft plans for traffic safety by jurisdiction under paragraph (2) and finalize it by the end of June of the year immediately before the commencement of a planned year pursuant to Article 15(4) of the Act. Where the Minister combines and coordinates the draft plans for traffic safety by jurisdiction, he or she shall examine the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Policy objectives;

2. The timing for promoting policy tasks;

3. The size of investment;

4. Matters subject to consultation for each relevant agency, which are necessary for the promotion of policy tasks.

(4) Where the Minister of Land, Infrastructure and Transport finalizes a basic plan for national traffic safety pursuant to paragraph (3), he or she shall notify the head of a designated administrative agency and a Mayor/Do Governor thereof within 20 days from the date of finalization. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 11(Change of minor matters) #

"Change of minor matters prescribed by Presidential Decree" in the proviso of Article 15(6) of the Act and the proviso of Article 16(4) of the Act means any of the following:

1. Changing a maximum of 10/100 of the project scale by sector determined by a basic plan for national traffic safety or an implementation plan for national traffic safety;

2. Changing the implementation period of a unit project within the scope of the implementation deadline determined by a basic plan for national traffic safety or an implementation plan for national traffic safety;

3. Changing any miscalculation, clerical error, omission, or other matters that have clear grounds for change, which do not affect the basic direction of a basic plan for national traffic safety or an implementation plan for national traffic safety.

Article 12(Formulation of implementation plans for national traffic safety) #

(1) The head of a designated administrative agency shall formulate a draft implementation plan for traffic safety by jurisdiction for the following year and submit it to the Minister of Land, Infrastructure and Transport by the end of October of each year, pursuant to Article 16(1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) When the Minister of Land, Infrastructure and Transport combines and coordinates draft implementation plans by jurisdiction pursuant to Article 16(2) of the Act, he or she shall examine the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Whether they conform to the basic plan for national traffic safety;

2. Expected benefits;

3. Possibility of securing the budget required.

(3) The Minister of Land, Infrastructure and Transport shall finalize an implementation plan for national traffic safety by the end of December and notify it to the head of a designated administrative agency and a Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 13(Formulation of basic plans for regional traffic safety) #

(1) A basic plan for City/Do traffic safety (hereinafter referred to as "basic plan for City/Do traffic safety") or a basic plan for Si/Gun/Gu traffic safety (hereinafter referred to as "basic plan for Si/Gun/Gu traffic safety") under Article 17(1) of the Act shall include the following:

1. Mid- to long-term comprehensive policy directions for the safety of land traffic in the relevant region;

2. Other matters regarding traffic safety policy measures for improving the safety level of land traffic.

(2) A Mayor/Do Governor and the head of a Si/Gun/Gu (hereinafter referred to as "Mayor/Do Governor, etc.") shall respectively finalize a basic plan for City/Do traffic safety or a basic plan for Si/Gun/Gu traffic safety (hereinafter referred to as "basic plan for regional traffic safety") by the end of October of the year immediately before the commencement of the planned year, pursuant to Article 17(3) of the Act.

(3) When a Mayor/Do Governor, etc. finalize a basic plan for regional traffic safety pursuant to paragraph (2), the Mayor/Do Governor shall submit it to the Minister of Land, Infrastructure and Transport and the head of a Si/Gun/Gu shall submit it to the Mayor/Do Governor, within 20 days after the date of finalization. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Where the Mayor/Do Governor, etc. intends to hear opinions from residents and relevant experts pursuant to the main clause of Article 17(6) of the Act, he or she shall publicly announce the main contents of a draft basic plan for City/Do traffic safety or a draft basic plan for Si/Gun/Gu traffic safety (hereafter referred to as "draft basic plan for regional traffic safety" in this Article) in at least two daily newspapers mainly circulated in the relevant jurisdiction and on the website of the relevant local government, and make them available to the general public for inspection for at least 14 days. In such cases, the Mayor/Do Governor, etc. may hold a public hearing, if necessary to gather sufficient opinions. <Added on Jul. 16, 2024>

(5) A person who has an opinion on the details of a draft basic plan for regional traffic safety publicly announced pursuant to the former part of paragraph (4) may submit a written opinion to the Mayor/Do Governor, etc. within the period of perusal. <Added on Jul. 16, 2024>

(6) A Mayor/ Do Governor shall review whether to reflect any opinion submitted pursuant to paragraph (5) in a a draft basic plan for regional traffic safety and then notify the person who has submitted the relevant written opinion of the result of the review within 60 days from the end of the period for perusal.

Article 14(Formulation of implementation plans for regional traffic safety) #

(1) A Mayor/Do Governor, etc. shall respectively formulate an implementation plan for City/Do traffic safety or an implementation plan for Si/Gun/Gu traffic safety (hereinafter referred to as "implementation plan for regional traffic safety") for the following year by the end of December pursuant to Article 18(1) of the Act.

(2) The head of a Si/Gun/Gu shall submit an implementation plan for Si/Gun/Gu traffic safety and the performance records of the implementation plan for Si/Gun/Gu traffic safety for the previous year to the Mayor/Do Governor by the end of January of each year, and the Mayor/Do Governor shall combine and arrange them and submit the results thereof to the Minister of Land, Infrastructure and Transport by the end of February of each year, along with an implementation plan for City/Do traffic safety and the performance records of the implementation plan for City/Do traffic safety for the previous year. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Details to be included in the performance records of implementation plans for regional traffic safety shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 15(Evaluation of performance records of implementation plans for traffic safety) #

(1) The head of a designated administrative agency shall submit the performance records of an implementation plan for national traffic safety by jurisdiction for the previous year to the Minister of Land, Infrastructure and Transport by the end of March of each year. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall combine and evaluate the performance records of the implementation plan for national traffic safety under paragraph (1) and the performance records of implementation plans for regional traffic safety under Article 14(2) and report the results thereof to the National Transport Commission, and may seek advice or request surveys and research from specialized institutions and organizations related to traffic safety, if deemed necessary. <Amended on Feb. 29, 2008; Jan. 7, 2010; Mar. 23, 2013>

(3) The National Transport Commission may hold a joint evaluation meeting in which the heads of the relevant designated administrative agencies and the Mayor/Do Governor, etc. participate regarding the evaluation results of performance records under paragraph (2). <Amended on Jan. 7, 2010>

Article 16(Scope of traffic facility installers or maintainers) #

A traffic facility installer or maintainer and a transportation manager under Article 21(1) of the Act (hereinafter referred to as "traffic facility installer, maintainer, etc.") shall be as specified in Appendix 1.

Article 17(Timing for submission of traffic safety regulations) #

(1) The timing when a traffic facility installer, maintainer, etc. are required to submit traffic safety regulations under Article 21(1) of the Act (hereinafter referred to as "traffic safety regulations") shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. A traffic facility installer or maintainer: Within six months from the date he or she falls under any of subparagraph 1 of Appendix 1;

2. A transportation manager: Within the period prescribed by Decree of the Ministry of Land, Infrastructure and Transport within the scope of one year from the date he or she falls under any of subparagraph 2 of Appendix 1.

(2) Where the traffic facility installer, maintainer, etc. revise traffic safety regulations, he or she shall submit the revised traffic safety regulations to the competent traffic administrative agency within three months from the date of such revision.

Article 18(Matters to be included in traffic safety regulations) #

"Matters ... prescribed by Presidential Decree" in Article 21(1)6 of the Act means the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Matters regarding the retention and management of data, statistics, and information related to traffic safety;

2. Matters regarding the evaluation of the safety of traffic facilities;

3. Matters regarding traffic safety-related facilities and equipment in a place of business;

4. Matters regarding the management of means of transportation;

5. Matters regarding the management of persons engaged in transport services;

6. Matters regarding education and training on traffic safety;

7. Matters regarding the investigation, reporting, and handling of causes of traffic accidents;

8. Other matters separately determined by the Minister of Land, Infrastructure and Transport for traffic safety management.

Article 19(Examination of traffic safety regulations) #

(1) A traffic administrative agency shall examine whether the traffic safety regulations submitted by a traffic facility installer, maintainer, etc. have been appropriately prepared, including matters prescribed in the subparagraphs of Article 21(1) of the Act.

(2) The results of examination of traffic safety regulations under paragraph (1) shall be classified as follows:

1. Appropriate: Where it is deemed that the safety of traffic facilities or means of transportation has been sufficiently secured as the measures necessary for traffic safety are specifically and clearly stated;

2. Conditionally appropriate: Where it is deemed that the regulations are required to be partially complemented, although there is no serious problem in securing the traffic safety;

3. Inappropriate: Where it is deemed that a serious problem is found in securing the traffic safety or that the traffic safety regulations have a fundamental defect.

(3) Where the traffic safety regulations submitted by a traffic facility installer, maintainer, etc. are found to be conditionally appropriate or inappropriate under paragraph (2), a traffic administrative agency shall take necessary measures, such as ordering the revision of traffic safety regulations pursuant to Article 21(4) of the Act.

Article 19-2(Standards for installation of traffic safety experience facilities) #

(1) Where the State and a Mayor/Do Governor, etc. install an educational facility for experience in traffic safety for children, senior citizens, and persons with disabilities (hereafter in this Article referred to as "children, etc.") pursuant to Article 23(3) of the Act (hereafter in this Article referred to as "traffic safety experience facility"), they shall comply with the following standards and methods for installation: <Amended on Jul. 19, 2016>

1. They shall have facilities and equipment, such as video image devices reproducing the dangerous situations in traffic to ensure that children, etc. can learn how to prevent traffic accidents;

2. They shall have experience facilities to help children, etc. learn safe riding methods when they ride bicycles;

3. They shall place facilities, such as sidewalks or crosswalks, in compliance with relevant statutes or regulations to ensure that children, etc. can understand the operating system of traffic facilities;

4. The traffic safety signs, etc. installed in traffic safety experience facilities shall conform to the standards under the relevant statutes or regulations.

(2) Matters necessary for the installation, operation, etc. of traffic safety experience facilities shall be prescribed by ordinance of the relevant local government. <Amended on Jul. 19, 2016>

[This Article Added on Jun. 29, 2010]

[Title Amended on Jul. 19, 2016]

Article 20(Subject matters of transportation safety inspections) #

(1) The subject matters of transportation safety inspections under Article 33(1) of the Act shall be as follows: <Amended on Sep. 19, 2021>

1. Motor vehicles owned by passenger transport business entities under the Passenger Transport Service Act and matters related to the operation thereof;

2. Motor vehicles owned by trucking transport business entities under the Trucking Transport Business Act and matters related to the operation thereof;

3. Construction machinery owned by construction machinery business entities under the Construction Machinery Management Act (limited to construction machinery for which a driver's license under the Road Traffic Act shall be obtained pursuant to the proviso of Article 26(1) of that Act) and matters related to the operation thereof;

4. Rolling stocks owned by railroad service providers and exclusive railroad operators under the Railroad Service Act and matters related to the operation thereof;

5. Rolling stocks owned by urban railroad operators under the Urban Railroad Act and matters related to the operation thereof;

6. Aircraft owned by air operators under the Aviation Business Act (excluding military aircraft, etc. and aircraft of State agencies, etc. to which Article 3 and 4 of the Aviation Safety Act apply) and matters related to the operation thereof;

7. Other motor vehicles deemed to require transportation safety inspections, such as school buses for children and vehicles transporting dangerous goods, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport and matters related to the operation thereof.

(2) "Means of transportation prescribed by Presidential Decree" in the proviso of Article 33(6) of the Act means the means of transportation owned by either of the following persons: <Amended on Sep. 19, 2017>

1. A person who obtains a license for, or files for registration of, passenger transport business under Article 4 of the Passenger Transport Service Act (excluding transport business entities that own one motor vehicle, such as an on-demand passenger transport business entity and a private taxi transport business entity under that Act);

2. A person who obtains permission for trucking transport business pursuant to Article 3 of the Trucking Transport Business Act (excluding transport business entities that own one motor vehicle).

Article 21(Methods of conducting transportation safety inspections) #

(1) When the head of a traffic administrative agency conducts a transportation safety inspection pursuant to Article 33(1) and (6) of the Act, he or she shall require the relevant public officials with expertise and experience in traffic safety to conduct such inspection. <Amended on Sep. 19, 2017>

(2) Where the subject matters of transportation safety inspections are under the jurisdiction of at least two traffic administrative agencies, the relevant agencies may jointly conduct inspections. <Amended on Sep. 19, 2017>

(3) If deemed necessary for conducting transportation safety inspections, the head of a traffic administrative agency may receive support from a specialized institution or organization related to traffic safety. <Amended on Sep. 19, 2017>

[Title Amended on Sep. 19, 2017]

Article 21-2(Handling of results of transportation safety inspections) #

Upon receipt of notice of the results of a transportation safety inspection under Article 33(7) of the Act, a traffic administrative agency shall notify the Minister of Land, Infrastructure and Transport of the following matters within three months from the date it receives notice of the results of the inspection pursuant to Article 33(8) of the Act; in such cases, they shall be deemed notified to the Minister of Land, Infrastructure and Transport, where the relevant matters have been entered into a traffic safety information management system under Article 52(1) of the Act (hereinafter referred to as "traffic safety information management system"):

1. Details of measures to be taken based on the results of the transportation safety inspection;

2. Reasons for not taking measures and plans for taking measures.

[This Article Added on Sep. 19, 2017]

Article 21-3(Submission of implementation plans following special survey of actual conditions) #

The competent traffic administrative agency shall submit an implementation plan and a report on the implementation results under Article 33-2(3) and (4) of the Act to the head of a designated administrative agency in accordance with the following classifications:

1. Implementation plans: Within three months from the date of receipt of a recommendation for improvement under Article 33-2(2) of the Act;

2. Reports on the implementation results: By the end of February of each year (limited to the period from the year following the year in which the date an implementation plan is submitted falls to the year in which the date the head of a designated administrative agency determines that the implementation of the recommendation for improvement is completed falls).

[This Article Added on Apr. 24, 2018]

Article 22(Traffic facilities subject to traffic facility safety diagnoses) #

(1) "Traffic facility, such as roads, railroads and airports, the scale of which is not smaller than that prescribed by Presidential Decree" in Article 34(1) of the Act and "traffic facility prescribed by Presidential Decree" in paragraph (3) of that Article mean traffic facilities listed in Appendix 2, respectively. <Amended on Sep. 19, 2017>

(2) The timing when a traffic facility installer and a traffic facility installer or maintainer are required to submit a traffic facility safety diagnosis report to the competent traffic administrative agency pursuant to Article 34(2) and (4) of the Act shall be as specified in Appendix 2. <Amended on Sep. 19, 2017>

[Title Amended on Sep. 19, 2017]

Article 23 #

Deleted. <Sep. 19, 2017>

Article 24 #

Deleted. <Sep. 7, 2012>

Article 25(Conducting of traffic facility safety diagnoses) #

(1) A traffic safety diagnosis agency (referring to a traffic safety diagnosis agency registered pursuant to Article 39(1) of the Act) which is an affiliate (referring to an affiliate defined in subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act) of a person who designs, constructs, or supervises the relevant traffic facilities, etc. or a traffic safety diagnosis agency which is a subsidiary (referring to a subsidiary under Article 342-2 of the Commercial Act) of the relevant transport business entity shall not be requested to conduct a traffic facility safety diagnosis under Article 34 of the Act; provided, this shall not apply to cases prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in which a traffic facility safety diagnosis cannot be conducted by another traffic safety diagnosis agency or it is deemed particularly necessary when conducting a traffic facility safety diagnosis on traffic facilities, etc. <Amended on Feb. 29, 2008; Sep. 7, 2012; Mar. 23, 2013; Sep. 19, 2017; Dec. 28, 2021>

(2) When a traffic safety diagnosis agency conducts a traffic facility safety diagnosis pursuant to Article 34(1), (3), and (5) of the Act, it shall require a person who meets the requirements under Article 32(1)1 to conduct such diagnosis. <Amended on Sep. 19, 2017>

(3) "Traffic accident ... above the level prescribed by Presidential Decree" in Article 34(5) of the Act means traffic accidents classified as follows; provided, traffic accidents for which the Aviation and Railway Accident Investigation Board investigates traffic facilities in connection with aviation accidents or railway accidents pursuant to Article 18 of the Aviation and Railway Accident Investigation Act and recommends or suggests measures to prevent the recurrence of aviation and railway accidents to the heads of the relevant agencies pursuant to Article 26(1) of that Act shall be excluded herefrom: <Added on Sep. 19, 2017>

1. Roads: A traffic accident investigated regarding whether any defect is found in traffic facilities under Article 50(1) of the Act;

2. Railways: A traffic accident resulting in the death of at least one person due to defects in railway facilities according to the results of the railway accident investigation under Article 18 of the Aviation and Railway Accident Investigation Act;

3. Airports: A traffic accident resulting in the death of at least one person due to defects in an airport or airport facility according to the results of the aviation accident investigation under Article 18 of the Aviation and Railway Accident Investigation Act.

Article 26(Traffic facility safety diagnosis report) #

A traffic facility safety diagnosis report under Article 34(2), (4), and (6) of the Act shall include the following matters: <Amended on Sep. 7, 2012; Sep. 19, 2017>

1. The name and location of a person who shall undergo a traffic facility safety diagnosis;

2. The type of traffic facilities subject to traffic facility safety diagnosis;

3. The period of conducting the traffic facility safety diagnosis and a person who conducts it;

4. The state of traffic facilities subject to traffic facility safety diagnosis, and the details of defects therein;

5. Recommendations made by a traffic safety diagnosis agency;

6. Other matters necessary for traffic safety supervision.

[Title Amended on Sep. 19, 2017]

Article 27 #

Deleted. <Sep. 7, 2012>

Article 28 #

Deleted. <Sep. 7, 2012>

Article 29 #

Deleted. <Sep. 19, 2017>

Article 30(Orders for traffic facility safety diagnosis) #

(1) When a traffic administrative agency issues an order to undergo a traffic facility safety diagnosis pursuant to Article 34(5) of the Act, it shall notify a traffic facility installer or maintainer of such fact no later than 30 days prior to the date of undergoing the traffic facility safety diagnosis; provided, the period may be reduced, where it is deemed that there is a serious risk factor causing a traffic accident due to the relevant traffic facility and it is deemed necessary to urgently undergo a traffic facility safety diagnosis. <Amended on Sep. 19, 2017>

(2) An order for traffic facility safety diagnosis under paragraph (1) shall be issued in writing, specifying the subject matters, date, and time of and reasons for the traffic facility safety diagnosis. <Amended on Sep. 19, 2017>

[Title Amended on Sep. 19, 2017]

Article 31(Details of guidelines for traffic facility safety diagnoses) #

(1) The guidelines for traffic facility safety diagnoses under Article 38 of the Act shall include the following: <Amended on Sep. 19, 2017>

1. Prior preparation necessary for traffic facility safety diagnoses;

2. Qualifications for and composition of persons who conduct the traffic facility safety diagnoses;

3. Subject matters and scope of the traffic facility safety diagnoses;

4. Items of traffic facility safety diagnoses;

5. Methods and procedures for conducting traffic facility safety diagnoses;

6. Preparation of a traffic facility safety diagnosis report and follow-up management;

7. Measures taken based on the results of traffic facility safety diagnoses;

8. Evaluation of the traffic facility safety diagnoses.

(2) The Minister of Land, Infrastructure and Transport may request the heads of the relevant traffic administrative agencies to submit data necessary for the preparation of guidelines for traffic facility safety diagnoses. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>

[Title Amended on Sep. 19, 2017]

Article 32(Registration of traffic safety diagnosis agencies) #

(1) A person who intends to conduct a traffic facility safety diagnosis pursuant to Article 39(1) of the Act shall meet the following requirements: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>

1. Specialized personnel: Personnel satisfying the standards for recognition of specialized personnel specified in Appendix 4, who have completed the education and training courses for traffic facility safety diagnoses prescribed by Decree of the Ministry of Land, Infrastructure and Transport;

2. Equipment: Equipment necessary to investigate and measure the risk factors related to traffic safety, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) A person that intends to be registered as a traffic safety diagnosis agency pursuant to Article 39(1) of the Act shall submit an application for registration to a Mayor/Do Governor, along with documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>

(3) Upon receipt of an application for registration under paragraph (2), a Mayor/Do Governor shall examine whether the applicant meets the requirements specified in paragraph (1) and register the applicant as a traffic safety diagnosis agency in accordance with the following classification: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>

1. In the field of roads;

2. In the field of railways;

3. In the field of airports.

[Title Amended on Sep. 19, 2017]

Article 33(Reporting on changed matters) #

"Matter prescribed by Presidential Decree" in Article 40(1) of the Act means the trade name, representative, and location of office of a traffic safety diagnosis agency, or specialized personnel prescribed in Appendix 4. <Amended on Sep. 7, 2012; Sep. 19, 2017>

Article 34(Evaluation on results of traffic facility safety diagnoses) #

(1) The subject matters of evaluation of the results of traffic facility safety diagnoses under Article 45(1) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>

1. Where the Minister of Land, Infrastructure and Transport deems that a poor diagnosis is likely to be conducted, such as copying another traffic facility safety report or completing the diagnosis for a clearly short period;

2. Where a traffic safety diagnosis is conducted under a contract for work at the amount which obviously fails to meet the standards for calculating expenses for traffic facility safety diagnoses under Article 46(2) of the Act;

3. Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the safety of traffic facilities.

(2) The evaluation of the results of traffic facility safety diagnoses shall include the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>

1. Appropriateness of the methods for analyzing the results of investigation into traffic facilities and evaluating the safety thereof;

2. Appropriateness of recommendations presented according to the results of the traffic facility safety diagnoses;

3. Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the safety of the relevant traffic facilities.

(3) Where the Minister of Land, Infrastructure and Transport evaluates the results of a traffic facility safety diagnosis, he or she shall notify the results thereof to the traffic facility safety diagnosis agency which has conducted the traffic facility safety diagnosis and the competent Mayor/Do Governor who guides and supervises the traffic safety diagnosis agency. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>

(4) Details regarding the subject matters of evaluation under paragraph (1) and the matters to be evaluated under paragraph (2) shall be separately determined by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>

[Title Amended on Sep. 19, 2017]

Article 35(Details of guidelines for investment in traffic safety projects) #

Guidelines for investment in traffic safety projects under Article 48(2) of the Act shall include the following:

1. The objectives of traffic safety projects and the directions for promotion thereof;

2. Priority order of investment in traffic safety projects by field and project, and the adjustment method thereof;

3. Other matters necessary for enhancing the effectiveness of investment in traffic safety projects.

Article 35-2(Submission of report on implementation results) #

The head of the relevant administrative agency who has submitted an implementation plan pursuant to Article 49(3) of the Act shall submit a report on the implementation results to a traffic administrative agency, etc., no later than 90 days from the date the implementation plan is submitted pursuant to paragraph (4) of that Article (or 30 days from the date of completion of the implementation specified in the implementation plan, where 90 days have passed from the date the implementation plan is submitted); provided, where it is impossible to submit a report on the implementation results by the deadline due to any unavoidable cause, the deadline for submission may be postponed through consultation with a traffic administrative agency, etc.

[This Article Added on May 19, 2020]

Article 36(Serious traffic accidents) #

(1) "Serious traffic accident prescribed by Presidential Decree" in Article 50(1) and (2) of the Act means traffic accidents in which any death or serious injury (referring to the accidents causing any injury to a person, which require at least three weeks of treatment according to the results of the first medical examination by a doctor; hereinafter the same shall apply) is presumed to have occurred due to defects in traffic facilities or means of transportation. <Amended on Jun. 29, 2010; Nov. 24, 2020>

(2) Where it is deemed that a traffic accident under paragraph (1) have occurred due to a defect in the means of transportation within a traffic facility under the jurisdiction, the head of a local government may request the head of a designated administrative agency under Article 50(2) of the Act to investigate the cause of the traffic accident.

(3) An administrative agency that manages traffic facilities (limited to roads; hereinafter the same shall apply) and a traffic administrative agency that guides and supervises a traffic facility installer or maintainer (limited to a person who installs or manages roads; hereinafter the same shall apply) pursuant to Article 50(1) of the Act (hereinafter referred to as "traffic administrative agency, etc.") shall retain and manage data on the traffic accident accumulation points and zones, based on the traffic accidents referred to in paragraph (1) that have occurred during the last three years.

(4) The results of investigation into the causes of traffic accidents in the traffic facilities under the jurisdiction which are submitted by the head of a local government to the traffic safety information management system pursuant to Article 41(1) shall be deemed the results of investigation into the causes of traffic accidents submitted to the head of a designated administrative agency under the jurisdiction pursuant to Article 50(3) of the Act. <Amended on Sep. 19, 2017>

Article 37(Subject matters and methods of investigation into causes of traffic accidents) #

(1) The subject matters of investigation into the causes of traffic accidents under Article 50(1) of the Act (hereinafter referred to as "investigation into the causes of traffic accidents") shall be as specified in Appendix 5.

(2) If necessary to investigate the causes of traffic accidents under Article 50(1) and (2) of the Act, the head of a traffic administrative agency, etc. may establish a traffic accident investigation team composed of the following persons:

1. Relevant public officials in charge of the safety of traffic facilities or the safety standards for means of transportation;

2. Police officials in charge of dealing with traffic accidents in the relevant zone;

3. Other persons whom the head of a traffic administrative agency, etc. deem necessary for investigation into the causes of traffic accidents.

(3) A person who falls under paragraph (2)1 and is designated by the head of a traffic administrative agency, etc. shall without delay prepare a report on the investigation into the causes of traffic accidents and submit it to the head of the traffic administrative agency, etc. after the investigation is completed.

(4) Except as provided in paragraphs (1) through (3), details necessary for investigation into the causes of traffic accidents shall be separately determined by the Minister of Land, Infrastructure and Transport in consultation with the head of the relevant designated administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 38(Retention and management of traffic accident-related data) #

(1) A person who retains and manages data, statistics, or information related to traffic accidents pursuant to Article 51(1) and (2) of the Act (hereinafter referred to as "traffic accident-related data, etc.") shall retain and manage such data, statistics, or information for five years from the date the traffic accident occurs.

(2) A person who retains and manages traffic accident-related data, etc. pursuant to paragraph (1) shall enter the data and programs thereon separately in another memory medium and safely retain and manage them in an isolated place in the event of the destruction or damage of traffic accident-related data, etc.

Article 39(Persons who retain and manage traffic accident-related data) #

"Person prescribed by Presidential Decree" in Article 51(2) of the Act means the following persons: <Amended on Oct. 8, 2008; Aug. 19, 2011; Sep. 19, 2017; Dec. 24, 2018; Jul. 16, 2024; Jul. 23, 2024>

1. The Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority");

2. The KoROAD under the KOROAD Act (hereinafter referred to as the "KoROAD");

3. The Korea Expressway Corporation under the Korea Expressway Corporation Act;

4. A non-life insurance company belonging to the non-life-insurance association established under Article 175 of the Insurance Business Act;

5. A person who obtains a license for or files for registration of passenger transport business under Article 4 of the Passenger Transport Service Act;

6. A mutual aid association under Article 61 of the Passenger Transport Service Act;

7. A federation established by an association composed of trucking transport business operators under Article 35 of the Trucking Transport Business Act.

Article 40(Establishment of traffic safety information management system) #

(1) The Minister of Land, Infrastructure and Transport shall establish, manage, and operate a traffic safety information management system to comprehensively maintain and manage traffic safety information and traffic accident-related data, etc. (hereafter in this Article referred to as "traffic safety information") pursuant to Article 52(1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport may conduct a sample survey on traffic safety information contained in the traffic safety information management system. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 41(Procedures and methods for sharing traffic safety information management system) #

(1) A person who retains and manages traffic accident-related data, etc. pursuant to Article 51(1) of the Act shall share such data, etc. in connection with a traffic safety information management system.

(2) The Minister of Land, Infrastructure and Transport may establish and operate a council for traffic safety information management systems (hereafter in this Article referred to as "council") to share traffic safety information management systems. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) The council may determine matters necessary for sharing, such as the items and scope of sharing traffic accident-related data, etc. and the methods of use.

(4) Except as provided in paragraphs (1) through (3), details necessary for sharing traffic safety information management systems and establishing and operating a council shall be separately determined by the Minister of Land, Infrastructure and Transport in consultation with the head of the relevant traffic administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 41-2(Types of qualification as traffic safety supervisors) #

The types of qualification as traffic safety supervisors under Article 53(1) of the Act shall be as follows:

1. Road traffic safety supervisors;

2. Railway traffic safety supervisors;

3. Air traffic safety supervisors;

4. Harbor traffic safety supervisors;

5. Cableway traffic safety supervisors.

[This Article Added on Dec. 24, 2018]

Article 42(Administration of examinations for traffic safety supervisors) #

(1) Examinations for traffic safety supervisors under Article 53(2) of the Act (hereinafter referred to as "examination") shall be conducted in writing.

(2) Examination subjects shall be as specified in Appendix 6.

(3) The procedures for applying for examinations, the methods of determining successful applicants, and other matters necessary for administering examinations shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 43(Partial exemption from examination) #

(1) Persons subject to partial exemption from the examination under Article 53(4)1 of the Act and examination subjects for exemption shall be as specified in Appendix 7.

(2) "Person who has working experience prescribed by Presidential Decree" in Article 53(4)2 of the Act means a person who meets the requirements for working experience specified in Appendix 8. <Amended on Feb. 29, 2008; Sep. 7, 2012>

(3) A person falling under paragraph (1) or (2) who intends to obtain partial exemption from the examination shall submit documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 44(Designation of persons in charge of traffic safety) #

(1) The scope of a traffic facility installer, maintainer, etc. who shall designate persons in charge of traffic safety under Article 54-2(1) of the Act (hereinafter referred to as "person in charge of traffic safety") pursuant to that Article, and the number of persons to be designated shall be as specified in Appendix 8-2.

(2) "Person qualified as prescribed by Presidential Decree" in Article 54-2(1)2 of the Act means either of the following persons: <Amended on Dec. 24, 2019>

1. Safety officers under Article 17 of the Occupational Safety and Health Act;

2. Persons with a private qualification under the Framework Act on Qualifications, which is recognized by the Minister of Land, Infrastructure and Transport as being related to the investigation into and analysis of the causes of traffic accidents.

(3) Where a traffic facility installer, maintainer, etc. designate a person in charge of traffic safety pursuant to Article 54-2(1) of the Act or revoke such designation or where a person in charge of traffic safety retires from office, they shall notify the competent traffic administrative agency of such fact without delay and shall designate another person in charge of traffic safety within 30 days from the date of revocation of designation or the date of retirement.

[This Article Added on Dec. 24, 2018]

[Previous Article 44 moved to Article 44-2 <Dec. 24, 2018>]

Article 44-2(Duties of persons in charge of traffic safety) #

(1) The duties of persons in charge of traffic safety shall be as follows: <Amended on Dec. 24, 2018>

1. Implementation of traffic safety regulations, and preparation and preservation of the records thereof;

2. Guidance and supervision over safety inspections related to the operation or navigation of means of transportation (hereafter in this Article referred to as "operation, etc.") or the operation and management of traffic facilities;

3. Measures necessary for the safe operation, etc. under the conditions of traffic facilities and weather conditions;

4. Checking the status of service while in operation, etc. of drivers, etc. under Article 24(1) of the Act (hereinafter referred to as "drivers, etc.") and conducting education and training for traffic safety;

5. Investigation into and analysis of the causes of traffic accidents, and maintenance of the records thereof;

6. Inspection and management of tachographs, lane departure warning systems, etc.

(2) Deleted. <Dec. 24, 2018>

(3) Where deemed necessary for traffic safety, a person in charge of traffic safety shall request a traffic facility installer, maintainer, etc. to take the following measures; provided, where the person in charge of traffic safety has no time to request the traffic facility installer, maintainer, etc. to take necessary measures, he or she shall take necessary measures in person and report such fact to the traffic facility installer, maintainer, etc.: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 24, 2018>

1. Change of the plan for the operation, etc. of means of transportation prescribed by Decree of the Ministry of Land, Infrastructure and Transport;

2. Maintenance of the means of transportation;

3. Change of a plan for on-board service of drivers, etc.;

4. Installation or supplementation of facilities or equipment related to traffic safety;

5. Recommendation of disciplinary actions against drivers, etc. who commit acts that undermine traffic safety.

(4) Deleted. <Dec. 24, 2018>

[Title Amended on Dec. 24, 2018]

[Moved from Article 44 <Dec. 24, 2018>]

Article 44-3(Education for persons in charge of traffic safety) #

(1) A traffic facility installer, maintainer, etc. shall require persons in charge of traffic safety to receive the following education pursuant to Article 54-2(2) of the Act: <Amended on Apr. 9, 2024>

1. New education: Once within six months from the date a person in charge of traffic safety starts to perform his or her duties;

2. Continuing education: Once every two years based on the year in which the person in charge of traffic safety starts to perform his or her duties.

(2) The new training under paragraph (1)1 shall be 16 hours, and the refresher training under subparagraph 2 of that paragraph shall be 8 hours each time. <Amended on Apr. 9, 2024>

(3) The education under the subparagraphs of paragraph (1) shall be conducted by the following institutions (hereafter in this Article referred to as "educational institution for persons in charge of traffic safety"): <Amended on Apr. 9, 2024>

1. The Korea Transportation Safety Authority;

2. Training institutions for transport employees under Article 25(3) of the Passenger Transport Service Act.

(4) Notwithstanding paragraph (1), where a person subject to education is unable to receive education within a specified period, such as being hospitalized due to a disease, injury, etc., the education may be postponed by up to six months, as prescribed by the Minister of Land, Infrastructure and Transport. <Added on Nov. 12, 2024>

(5) The Minister of Land, Infrastructure and Transport shall publicly notify an education plan for the following year, including the schedule, place, etc. of education, by December 31 each year. <Amended on Apr. 9, 2024; Nov. 12, 2024>

(6) An educational institution for persons in charge of traffic safety shall submit to the Minister of Land, Infrastructure and Transport the results of education, such as the number of trainees and the list of persons who have completed the education in the previous year, by the end of February each year. <Added on Apr. 9, 2024; Nov. 12, 2024>

(7) Except as provided in paragraphs (1) through (6), detailed subjects and contents of education and other matters necessary for education shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Apr. 9, 2024; Nov. 12, 2024>

[This Article Added on Dec. 24, 2018]

Article 45(Timing for installing tachographs and period for retention) #

(1) The timing for installing a tachograph in a vehicle in operation pursuant to Article 55(1) of the Act and the proviso of the Addenda to the Traffic Safety Act (Act No. 9866) shall be as follows:

1. Vehicles already registered: The timing classified as follows:

a. Vehicles operated by transport business entities falling under Article 55(1)1 of the Act (excluding private taxi transport business entities): December 31, 2012;

b. Vehicles operated by transport business entities falling under Article 55(1)2 of the Act and private taxi transport business entities: December 31, 2013;

2. Vehicles operated by transport business entities falling under Article 55(1) of the Act, which are newly registered after January 1, 2011: The date of new registration.

(2) "Period prescribed by Presidential Decree" in Article 55(2) of the Act shall be six months.

(3) Person obligated to install a tachograph prescribed by Presidential Decree in the proviso to Article 55(2) of the Act means any of the following persons: <Added on Apr. 24, 2018; Apr. 9, 2024>

1. A route passenger transport business entity who has obtained a license in accordance with Article 4 of the Passenger Transport Service Act;

2. The trucking transport service provider who has obtained permission pursuant to Article 3 of the Trucking Transport Business Act and a trucking business franchisor who has obtained permission pursuant to Article 29 of that Act.

(4) The operation records to be periodically submitted by a business entity under paragraph (3)2 shall be limited to the operation records of the following vehicles: <Added on Apr. 9, 2024>

1. A motor vehicle with a maximum load capacity of at least 25 tons, among trucks defined in Article 3(1)3 of the Motor Vehicle Management Act;

2. A large towing special motor vehicle (referring to a special motor vehicle under Article 3(1)4 of the Motor Vehicle Management Act manufactured for towing a towed vehicle, the gross weight of which is at least 10 tons with a maximum load capacity of at least 10 tons).

[This Article Wholly Amended on Jun. 29, 2010]

Article 46(Establishment and operation of research and education facilities for traffic safety experience) #

(1) A research and education facility for traffic safety experience under Article 56(1) of the Act (hereinafter referred to as "research and education facility for traffic safety experience") shall meet the following requirements: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Facilities: Facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as high-speed driving courses and control facilities, through which a person can experience changes and characteristics of motor vehicles based on high-speed driving;

2. Specialized personnel: Persons who have the qualification and experience prescribed by Decree of the Ministry of Land, Infrastructure and Transport and has completed the education and training courses prescribed by Decree of the Ministry of Land, Infrastructure and Transport regarding traffic safety experience;

3. Equipment: Motor vehicles for traffic safety experience prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) A research and education facility for traffic safety experience shall enable experiencing the following:

1. Simulations of traffic accidents;

2. Practice and correction to improve the ability to cope with emergency;

3. Practice of safe driving by circumstance.

(3) The head of a traffic administrative agency may recommend that a transportation manager, to which a driver who has caused a traffic accident belongs, require the relevant driver to participate in education and training courses prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 46-2(Entrustment of special education of traffic safety) #

(1) Pursuant to Article 56-3(3) of the Act, the Minister of Land, Infrastructure and Transport may entrust special education of traffic safety under Article 56-3(1) of the Act to any of the following institutions or organizations:

1. Educational institutions for public officials belonging to the Ministry of Land, Infrastructure and Transport or the Special Metropolitan City, a Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province;

2. The Korea Transportation Safety Authority;

3. Other institutions or organizations deemed by the Minister of Land, Infrastructure and Transport to be equipped with professional human resources and facilities for special education of traffic safety.

(2) Where the Minister of Land, Infrastructure and Transport entrusts affairs pursuant to paragraph (1), he or she shall publicly notify entrusted institutions and the details of the entrusted affairs.

[This Article Added on Apr. 9, 2024]

Article 47(Survey items of traffic safety culture index) #

(1) The survey items of traffic safety culture index under Article 57(1) of the Act (hereinafter referred to as "traffic safety culture index") shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Operational behavior;

2. Traffic safety;

3. Pedestrian behavior (limited to the field of road traffic);

4. Other matters determined by the Minister of Land, Infrastructure and Transport, as deemed necessary.

(2) The traffic safety culture index shall be calculated by surveying the actual conditions of traffic safety and the occurrence of traffic accidents for each local government; provided, the Minister of Land, Infrastructure and Transport may conduct surveys of the fields other than the field of road traffic by determining a different method. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Where deemed necessary to survey the traffic safety culture index, the Minister of Land, Infrastructure and Transport may request the head of the relevant local government to provide necessary cooperation, such as submission of data and opinions. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 47-2(Installer and manager of roads in complex) #

(1) "Person who installs and manages roads in a complex as prescribed by Presidential Decree" in Article 57-3(1) of the Act means the following persons; provided, the council of occupants' representatives under subparagraph 1 shall be excluded for purposes of applying Article 57-3(2) and (9) of the Act: <Amended on Jul. 16, 2024>

1. A council of occupants' representatives defined in Article 2(1)8 of the Multi-Family Housing Management Act;

2. A management entity defined in Article 2(1)10 of the Multi-Family Housing Management Act.

3. The head of a school defined in Article 2 of the Higher Education Act.

(2) "Safety facilities prescribed by Presidential Decree" in Article 57-3(3) of the Act means the following facilities:

1. Safety signs containing information, etc. on temporary stop or crosswalk installation;

2. Speed bumps;

3. Security mirrors;

4. Signs indicating a children's safety zone established under Article 26(4) of the Regulations on Standards for Housing Construction (limited to where a bus stop for school buses for children exists);

5. Lighting facilities;

6. Other facilities that fall under the following (limited to where it is likely to cause a motor vehicle to cross a pedestrian passage due to a sharp curve on the road, etc. or where it is likely to drive over the speed limit due to a long passage, etc.):

a. Delineator poles;

b. Bollards;

c. Pedestrian barriers;

d. Traffic-calming devices.

(3) "Requirements prescribed by Presidential Decree" in the latter part of Article 57-3(5) of the Act means as follows: <Added on Jul. 16, 2024>

1. He or she shall obtain written consent of at least 20/100 of all residents;

2. He or she shall notify the occupants of the grounds for requesting a fact-finding inspection before obtaining consent.

(4) "Serious accident prescribed by Presidential Decree" in Article 57-3(9) of the Act means an accident causing a death or serious injury. <Amended on Jul. 16, 2024>

Article 47-3(Processing of sensitive information and personally identifiable information) #

The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, and the head of a traffic administrative agency (including persons delegated or entrusted with the authority pursuant to Article 59 of the Act and Article 48 of this Decree) shall process information corresponding to criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data including resident registration numbers or alien registration numbers under Article 19 of that Decree, if unavoidable to the following business affairs: <Amended on Mar. 23, 2013; Aug. 6, 2014; Sep. 19, 2017; Dec. 24, 2018>

1. Registration of traffic safety diagnosis agencies, reporting on change of the registered matters, etc. under Articles 39 and 40 of the Act;

1-2. Revocation, etc. of registration of traffic safety diagnosis agencies under Article 43 of the Act;

2. The retention and management of traffic accident-related data, etc. under Article 51 of the Act;

3. Establishment of traffic safety information management systems under Article 52 of the Act;

4. Qualification examinations for traffic safety supervisors and revocation of qualification thereof under Articles 53 and 54 of the Act;

5. Designation of and education for persons in charge of traffic safety under Article 54-2 of the Act;

6. Provision of education to persons who cause serious traffic accidents under Article 56-2 of the Act.

[This Article Added on Sep. 7, 2012]

[Moved from Article 47-2 <Nov. 24, 2020>]

Article 48(Delegation of authority) #

The Minister of Land, Infrastructure and Transport shall delegate the following authority to the Administrator of a Regional Office of Construction and Management pursuant to Article 59(1) of the Act: <Amended on Apr. 9, 2024>

1. Requesting the change of basic plans for City/Do traffic safety or implementation plans for City/Do traffic safety under Article 19(1) of the Act;

2. The following authority of the Minister of Land, Infrastructure and Transport over transportation safety inspections under Article 33 of the Act:

a. Conducting transportation safety inspections under Article 33(1) of the Act;

b. Establishing and implementing the measures for improvement and recommending improvements under Article 33(2) of the Act;

c. Issuing an order to submit reports or data (limited to an order to submit data related to the authority delegated pursuant to item a) and an order for entry and inspection, etc., and giving notice of an inspection plan under Article 33(3) and (4) of the Act;

d. Giving notice of the results of transportation safety inspection under Article 33(7) of the Act;

2-2. Designation of a business entity with outstanding performance in traffic safety pursuant to Article 35-2(1) of the Act and revocation of designation under paragraph (3) of that Article;

3. Investigating the causes of a serious traffic accident under Article 50 of the Act;

4. Retaining and managing traffic accident-related data, etc. and requesting the submission thereof under Article 51 of the Act;

5. Issuing an order to investigate whether a tachograph and a lane departure warning system are installed under Article 55-3 of the Act;

6. Imposing and collecting administrative fines under Article 65 of the Act (limited to the imposition and collection of administrative fines related to the authority delegated to the Administrator of a Regional Office of Construction and Management).

[This Article Added on May 3, 2022]

[Previous Article 48 moved to Article 48-2 <May 3, 2022>]

Article 48-2(Entrustment of business affairs) #

(1) The Minister of Land, Infrastructure and Transport shall entrust the following business affairs to the Korea Transportation Safety Authority pursuant to Article 59(3) of the Act: <Amended on Sep. 19, 2017; Dec. 24, 2018>

1. Conducting transportation safety inspections under Article 33(6) of the Act;

2. Deleted; <Apr. 9, 2024>

3. Evaluating the results of traffic facility safety diagnoses and requesting the submission of the relevant data necessary for evaluation under Article 45(1) and (2) of the Act;

4. Administering examinations and issuing a certificate of qualification under Article 53(2) of the Act.

(2) The business affairs of the Minister of Land, Infrastructure and Transport regarding the following subparagraphs and the business affairs of the Mayor/Do Governor, etc. regarding subparagraphs 1 and 4, among the business affair of the heads of traffic administrative agencies, shall be entrusted to the Korea Transportation Safety Authority pursuant to Article 59(3) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017; Dec. 24, 2018; Dec. 3, 2019; May 3, 2022>

1. Receiving traffic safety regulations and verifying and evaluating the compliance thereof under Article 21(1) and (3) of the Act;

2. Establishing and managing traffic safety information management systems;

3. Deleted; <Sep. 19, 2017>

4. Requesting the submission of tachograph records, etc. (limited to tachograph records, etc. of motor vehicles), and conducting the examination and analysis thereof;

5. Establishing and operating research and education facilities for traffic safety experience;

6. Developing, surveying, and preparing a traffic safety culture index and publishing the results thereof;

7. Requesting the submission of related data necessary for transportation safety inspections under Article 33(3) of the Act (limited to cases related to the business affairs entrusted pursuant to paragraph (1)1);

8. Conducting a special survey of actual conditions, recommending the improvement of traffic systems and providing administrative support necessary for implementation thereof, receiving an implementation plan and verifying and checking such implementation, and receiving a report on the implementation results under Article 33-2(1) through (4) of the Act.

Article 49(Standards for imposing administrative fines) #

The standards for imposing administrative fines under Article 65(1) and (2) of the Act shall be as specified in Appendix 9.

[This Article Wholly Amended on Apr. 24, 2018]