Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Regulation of Violations of Public Order and matters necessary for the enforcement thereof.
Article 2(Acts Excluded from Violations of Public Order) #
(1) "Act that is subject to the imposition of an administrative fine for a violation of a duty described in any private law or code of legal procedure prescribed by Presidential Decree" in subparagraph 1 (a) of Article 2 of the Act on the Regulation of Violations of Public Order (hereinafter referred to as the "Act") means an act of imposing an administrative fine for a violation of a legal duty under laws governing legal relations between private persons, such as the Civil Act and the Commercial Act or statutes governing dispute resolution procedures, such as the Civil Procedure Act, the Family Litigation Act, the Civil Execution Act, the Criminal Procedure Act, and the Judicial Conciliation of Civil Disputes Act.
(2) "Act that is subject to the imposition of an administrative fine by reason of constituting a cause for disciplinary action pursuant to any statute prescribed by Presidential Decree" in subparagraph 1 (b) of Article 2 of the Act means an act that is subject to the imposition of an administrative fine by reason of constituting a cause for disciplinary action pursuant to statutes, such as the Notary Public Act, the Certified Judicial Scriveners Act, the Patent Attorneys Act, and the Attorney-at-Law Act, which allow institutions, organizations, etc. to impose sanctions on violations of duties by members for the purpose of maintaining order.
Article 2-2(Reduction of Administrative Fines) #
(1) Where prior notice and submission of opinions under Article 16 of the Act result in a party falling under any of the following cases, an administrative agency may reduce the amount of an administrative fine by up to 50/100 of the amount of the relevant administrative fine; provided, this shall not apply to a party who defaults on the payment of an administrative fine: <Amended on May 10, 2013; Dec. 31, 2018>
1. An eligible recipient defined in Article 2 of the National Basic Living Security Act;
2. A person eligible for protection under Articles 5 and 5-2 (2) and (3) of the Single-Parent Family Support Act;
3. A person with severe disabilities among persons with disabilities defined in Article 2 of the Act on Welfare of Persons with Disabilities;
4. A person who has obtained a disability rating of Grade I through III under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
5. A minor.
(2) Where an administrative fine is reduced under paragraph (1) despite several grounds for reduction prescribed under statutes or regulations, such administrative fine shall not be reduced repeatedly, unless reduced under Article 18 of the Act.
[This Article Newly Inserted on Dec. 15, 2009]
Article 3(Prior Notice and Presentation of Opinions) #
(1) Where an administrative agency gives prior notice of the imposition of an administrative fine pursuant to Article 16 (1) of the Act, such notice shall be given in writing stating all the following (including electronic documents, if the parties consent thereto): <Amended on Dec. 15, 2009; May 10, 2013; Jan. 26, 2021>
1. Names of the parties (in cases of corporations, their name and the name of their representative) and their addresses;
2. Facts resulting in the imposition of administrative fines, the amount of administrative fines, and applicable statutes or regulations;
3. Name and address of an administrative agency that imposes administrative fines;
4. The fact that the parties may submit their opinions and the deadline for such submission;
5. The fact that an administrative fine may be reduced if voluntarily paid pursuant to Article 18 of the Act (including the amount of reduction, if the reduction is determined);
5-2. Where an administrative fine reduced under Article 18 (1) of the Act has been paid, the fact that no opinion under Article 16 of the Act may be submitted and no objection under Article 20 of the Act may be filed, as the procedures for imposing and collecting the administrative fine have already been completed pursuant to paragraph (2) of that Article;
6. The fact that an administrative fine may be reduced pursuant to Article 2-2 (including the amount of reduction, if the reduction is determined);
7. Other matters necessary for the imposition of administrative fines.
(2) The parties may submit their opinions in writing (including electronic documents) or state their opinions verbally within the deadline for the submission of opinions under paragraph (1) 4, and may submit evidential data, etc. to prove their claims. <Amended on May 10, 2013>
(3) Where the parties have stated their opinions verbally pursuant to paragraph (2), an administrative agency shall keep a record of the persons who have made a statement and the summary of their opinions. <Amended on May 10, 2013>
Article 4(Notice of Imposition of Administrative Fines) #
Where an administrative agency imposes an administrative fine pursuant to Article 17 (1) of the Act, it shall do so in writing (including electronic documents, if the parties consent thereto) stating all the following: <Amended on Jun. 24, 2011; May 10, 2013>
1. Names of the parties (in cases of corporations, their name and the name of their representative) and their addresses;
2. Facts resulting in the imposition of administrative fines, the amount of administrative fines, and applicable statutes or regulations;
3. Name and address of an administrative agency that imposes administrative fines;
4. Deadline for the payment of administrative fines, payment methods, and receiving institutions;
5. The fact that no payment of administrative fines can result in the following disadvantages, and the requirements therefor:
(a) Imposition of additional dues under Article 24 of the Act;
(b) Restrictions on government-permitted business under Article 52;
(c) Furnishing of credit information under Article 53 (1) of the Act;
(d) Detention under Article 54 of the Act;
(e) Impoundment of motor vehicle registration license plates under Article 55 of the Act;
6. Period of and method for filing an objection under Article 20 of the Act;
7. Other matters necessary for the imposition of administrative fines.
Article 4-2(Payment of Administrative Fines by Credit Card) #
(1) "Payment service provider for administrative fines prescribed by Presidential Decree" in Article 17-2 (1) of the Act means any of the following institutions that settles payments by credit card, debit card, etc. (hereinafter referred to as "credit card, etc.") through an information and communications network:
1. The Korea Financial Telecommunications and Clearings Institute established with the permission of the Financial Services Commission pursuant to Article 32 of the Civil Act;
2. An institution designated by an administrative agency as a payment service provider for administrative fines, in consideration of facilities, service providing capabilities, the size of capital, etc.
(2) A payment service provider may collect a payment service fee approved by an administrative agency within the scope not exceeding 15/1,000 of the amount of the relevant administrative fine (including additional dues, aggravated additional dues, and expenses for disposition on default under Article 24 of the Act; hereafter in this Article and Articles 7-2 through 7-4 and 14-2, the same shall apply) pursuant to Article 17-2 (3) of the Act. In such cases, the administrative agency shall approve the payment service fee by comprehensively considering the operating expenses, etc. of the payment service provider.
(3) An administrative agency may determine matters necessary for the payment of administrative fines by credit card, etc.
[This Article Newly Inserted on Jun. 2, 2017]
Article 5(Reduction of Administrative Fines for Voluntary Payers) #
Where an administrative fine is voluntarily paid pursuant to Article 18 (1) of the Act, the amount that may be reduced shall not exceed 20/100 of the administrative fine to be imposed.
Article 6(Investigation into Violations of Public Order) #
(1) An administrative agency that intends to take measures under the subparagraphs of Article 22 (1) of the Act shall notify the relevant parties or witnesses in writing stating all of the following: <Amended on May 10, 2013>
1. Personal information of the parties or witnesses;
2. Facts resulting in the imposition of an administrative fine (in cases of an order to submit a report or data, including the details of such order);
3. Date and place to appear, report, or submit data.
(2) Notwithstanding paragraph (1), an administrative authority may take measures prescribed in the subparagraphs of Article 22 (1) of the Act by telephone, facsimile or other appropriate means, if necessary for a prompt investigation.
(3) An administrative agency which gives prior notice for inspection pursuant to Article 22 (3) of the Act shall do so in writing stating the following: <Amended on May 10, 2013>
1. Names of the parties (in cases of corporations, their name and the name of their representative) and their addresses;
2. Period and place of inspection;
3. Targets and reasons for inspection;
4. Other matters necessary for inspection.
Article 7(Public Institutions) #
"Other public institutions prescribed by Presidential Decree" in Article 23 of the Act means institutions designated as public institutions pursuant to Article 4 of the Act on the Management of Public Institutions.
Article 7-2(Deferment of Collection of Administrative Fines) #
(1) Where an administrative agency determines to pay administrative fines in installments or defer the deadline for payment of administrative fines (hereinafter referred to as "deferment of collection, etc.") pursuant to Article 24-3 (1) of the Act, the period shall not exceed 9 months from the date following the date that the deferment of collection, etc. is determined; provided, where the grounds for deferment of collection, etc. under Article 24-3 (1) of the Act do not cease to exist until the expiration of the period, the period may be extended only once by up to 3 months.
(2) "Unavoidable circumstances prescribed by Presidential Decree" in Article 24-3 (1) 9 of the Act means any of the following:
1. Where a significant loss of property occurs due to theft, etc.;
2. Where business is in serious crisis;
3. Where a person who pays an administrative fine in lump sum is likely to have difficulties in maintaining the livelihood or have significant financial difficulties.
(3) An administrative agency which determines the deferment of collection, etc. pursuant to paragraph (1) shall determine an extension of the payment deadline, the number of installment payments, and the amount of payments, in consideration of the grounds for deferment of collection, etc. under Article 24-3 (1) of the Act.
[This Article Newly Inserted on Jun. 2, 2017]
Article 7-3(Application for Deferment of Collection) #
(1) A party who intends to apply for deferment of collection, etc. pursuant to Article 24-3 (2) of the Act or to obtain an extension of the deadline pursuant to the proviso of Article 7-2 (1) shall file an application for deadline extension (including electronic documents), such as deferment of installment payment and payment deadline, deferment of collection, etc. in attached Form 1 with an administrative agency, along with documents evidencing the grounds therefor.
(2) Upon receipt of an application for the deferment of collection, etc. or an application for an extension of deadline for the deferment of collection, etc. under paragraph (1), an administrative agency shall make a determination thereon and notify the relevant party of the result within 20 days from the date of receipt of such application, unless there is a compelling reason not to do so.
(3) An administrative agency may, ex officio, determine the deferment of collection, etc., where any ground for deferment of collection, etc. exists.
(4) A determination on the deferment of collection, etc. shall take effect on the following date:
1. Where a determination is made at the request of a party: The date of application;
2. Where a determination is made ex officio: The date of issuance of a notice of determination on the deferment of collection, etc.
[This Article Newly Inserted on Jun. 2, 2017]
Article 7-4(Revocation of Deferment of Collection) #
(1) "Grounds prescribed by Presidential Decree" in Article 24-3 (5) 4 of the Act means any of the following:
1. Where a person has received a disposition on the default of national taxes, local taxes, administrative fines, and other public charges;
2. Where a person has been subject to compulsory execution;
3. Where an auction has commenced;
4. Where a corporation was dissolved;
5. Where a person has received a disposition of transaction suspension at a clearing house under the Bills of Exchange and Promissory Notes Act or the Check Act;
6. Where a person is deemed to evade the administrative fine collectible.
(2) To give notice of cancellation of deferment of collection, etc. under Article 24-3 (5) of the Act, a notice of cancellation of installment payment or deferment of payment deadline in attached Form 2 (including electronic documents, if the parties consent thereto) shall be served.
(3) An administrative agency that cancels the deferment of collection, etc. of an administrative fine pursuant to Article 24-3 (5) of the Act may not re-defer the collection, etc. of the administrative fine; provided, the same shall not apply where the deferment of collection, etc. is canceled on the grounds under Article 24-3 (5) 3 of the Act.
[This Article Newly Inserted on Jun. 2, 2017]
Article 7-5(Write-Off) #
(1) "Cases prescribed by Presidential Decree" in Article 24-4 (1) 2 of the Act means any of the following:
1. Where a delinquent taxpayer is declared missing under Article 27 of the Civil Act, from whom the collection of delinquent administrative fines is deemed to be impossible;
2. Where a delinquent taxpayer is declared bankrupt under the Debtor Rehabilitation and Bankruptcy Act or is under similar circumstances, from whom the collection of delinquent administrative fines is deemed impossible.
(2) An administrative agency which intends to conduct a write-off under paragraph (1) shall verify (including verification by inquiring through administrative data matching under Article 36 (1) of the Electronic Government Act) whether the delinquent taxpayer has been declared missing or the delinquent taxpayer possesses any property, through an administrative agency deemed related to the delinquent taxpayer.
(3) An administrative agency which revokes a write-off pursuant to Article 24-4 (2) of the Act shall notify the delinquent taxpayer of the revocation without delay.
[This Article Newly Inserted on Oct. 8, 2019]
Article 8(Collection Procedures) #
(1) Statutes or regulations governing the management of national funds, or statutes or regulations governing local finance and accounting shall apply mutatis mutandis to the procedures for the collection of administrative fines within the extent not contrary to the Act or this Decree. <Amended on Nov. 29, 2016>
(2) Notwithstanding paragraph (1), where it is necessary to prescribe the procedures for the collection of administrative fines differently as prescribed in statutes or regulations governing the management of national funds or statutes or regulations governing local government finance and accounting, such procedures shall be prescribed by Ordinance of the Prime Minister or Ordinance of the Ministry of Economy and Finance. <Amended on Nov. 29, 2016>
Article 9(Filing of Objection) #
An objection under Article 46 (1) of the Act shall be filed with a written objection against a summary judgment in attached Form 3. <Amended on Jun. 2, 2017>
Article 10(Withdrawal of Objection) #
An objection under Article 47 (1) of the Act shall be filed along with a written withdrawal of an objection against a summary judgment in attached Form 4. <Amended on Jun. 2, 2017>
Article 11(Standards for Restrictions on Government-Permitted Business) #
(1) "Frequency" and "amount" in Article 52 (1) 1 of the Act shall be construed as "three times" and "5 million won," respectively.
(2) The frequency of defaulting on the payment of administrative fines under paragraph (1) shall be calculated by considering 1 copy of the notice of imposition of administrative fines to be one time.
(3) "Special grounds prescribed by Presidential Decree" in Article 52 (1) 2 of the Act means any of the following:
1. Where it is impracticable for a delinquent taxpayer to pay an administrative fine due to a natural disaster, war, fire, or other serious disaster;
2. Where it is impracticable to pay an administrative fine due to a serious illness of the delinquent taxpayer or his or her family member living together;
3. Where it is impracticable for the delinquent taxpayer to pay an administrative fine due to any economic loss that adversely affects his or her livelihood;
4. Where any grounds equivalent to those referred to in subparagraphs 1 through 3 exist or where it is deemed impracticable to hold the party accountable for defaulting on the payment of administrative fines.
(4) An administrative agency which requests restrictions on government-permitted business pursuant to Article 52 (2) of the Act shall do so in writing (including electronic documents) stating the following: <Amended on May 10, 2013>
1. Address or residence, and name of the delinquent taxpayer;
2. Place and type of business of delinquent taxpayers;
3. Reasons for restricting government-permitted business;
4. Other matters necessary for restrictions on government-permitted business.
(5) Upon receipt of a request under paragraph (4), the competent agency shall notify the relevant administrative agency of the results of such measures without delay.
Article 12(Notification of Furnishing of Credit Information) #
An administrative agency that has furnished data regarding disposition on default or deficits pursuant to Article 53 of the Act shall notify the delinquent taxpayer of such fact by means of a written notice of furnishing of credit information in attached Form 5 within 30 days thereafter. <Amended on Jun. 2, 2017>
Article 13(Standards for Detention) #
(1) "Frequency" and "amount" in Article 54 (1) 1 of the Act shall be construed as "three times" and "10 million won," respectively.
(2) Article 11 (2) shall apply mutatis mutandis to the calculation of the frequency of defaulting on the payment of administrative fines under paragraph (1).
Article 14(Impoundment of Motor Vehicle Registration License Plate) #
(1) "Administrative fines imposed for violations of public order prescribed by Presidential Decree" in Article 55 (1) of the Act means any of the following: <Amended on May 10, 2013; Jan. 26, 2021>
1. Administrative fines under Article 48 (3) 1 of the Compulsory Motor Vehicle Liability Security Act;
2. Administrative fines under Article 160 (2) 1 through 5 and (3) of the Road Traffic Act;
3. Administrative fines under Article 84 (3) 1 through 3, 5, and (4) 1, 2, 3, 5 through 7, 10, 12, 13, 13-2, 15-2, 18, 18-2, 18-3, 19, and (5) 2, 2-2, 5, 6, and 6-2 of the Motor Vehicle Management Act.
(2) An administrative agency may impound motor vehicle registration license plates under Article 55 of the Act and paragraph (1) of this Article, only if all of the following requirements are satisfied:
1. The party shall have defaulted on the payment of an administrative fine falling under any subparagraph of paragraph (1) (hereinafter referred to as "motor vehicle-related administrative fine") for not less than 60 days from the date on which such default occurs;
2. The total amount of delinquent motor vehicle-related administrative fines under subparagraph 1 (including additional dues and aggravated additional dues under Article 24 of the Act) shall be not less than 300,000 won;
3. The relevant motor vehicle shall be owned by the party who has defaulted on the payment of the motor vehicle-related administrative fine.
(3) An administrative agency that impounds motor vehicle registration license plates under paragraph (2) shall notify the parties in advance of the intention that the license plates will be impounded immediately if the motor vehicle-related administrative fine is not paid within 10 days.
(4) A notice under paragraph (3) shall be given in writing (including electronic documents, if the parties consent thereto) stating all of the following: <Amended on May 10, 2013>
1. Names of the parties (in cases of corporations, their name and the name of their representative), their addresses and contact information;
2. Facts resulting in the imposition of administrative fines, the amount of delinquent administrative fines, and applicable statutes or regulations;
3. Registration number and type of a motor vehicle owned by a taxpayer who defaults on the payment of an administrative fine.
Article 14-2(Temporary Cancellation of Impoundment of Motor Vehicle Registration License Plates) #
(1) Where an administrative agency temporarily cancels the impoundment of a motor vehicle registration license plate pursuant to Article 55 (4) of the Act, the period shall not exceed 9 months; provided, where the grounds for temporary cancellation under the main clause of Article 55 (4) of the Act do not cease to exist until such period expires, the period may be extended only once by up to 3 months.
(2) A person who intends to file an application for the temporary cancellation of the impoundment of a motor vehicle registration license plate pursuant to Article 55 (4) of the Act or to obtain an extension of the period of the temporary cancellation of such impoundment pursuant to the proviso of paragraph (1) shall submit an application for the temporary cancellation of the impoundment of a motor vehicle registration license plate or an extension of the period of the temporary cancellation of the impoundment in attached Form 6 (including electronic documents) to an administrative agency, along with the following documents:
1. A copy of the certificate of the impoundment of a motor vehicle registration license plate;
2. Data evidencing the fact that the motor vehicle is used directly for maintaining a livelihood;
3. Data evidencing circumstances in which the impoundment of a motor vehicle registration license plate results in difficulties in maintaining a livelihood.
(3) Upon receipt of an application for the temporary cancellation of the impoundment of a motor vehicle registration license plate or an application for an extension of the period of the temporary cancellation of the impoundment pursuant to paragraph (2), an administrative agency shall make a determination thereon and notify the relevant party of the result within 20 days from the date of receipt of such application, unless there is a compelling reason not to do so.
(4) Where an administrative agency determines to temporarily cancel the impoundment of a motor vehicle registration license plate pursuant to paragraph (3), if necessary, it may attach a condition that the taxpayer defaulting on the payment of a motor vehicle-related administrative fine pay such administrative fine in installments. In such cases, the period of installment payment shall be the period of the temporary cancellation of the impoundment of a motor vehicle registration license plate pursuant to paragraph (1), and the number and amount of installments shall be determined by the administrative agency in consideration of the relevance between the use of the motor vehicle and the maintenance of the livelihood of such taxpayer.
Article 15(Management of Personally Identifiable Information) #
Administrative agencies or public prosecutors may manage data containing resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable for performing business affairs regarding the imposition and collection of, trial, etc. on administrative fines under the Act and this Decree.
[This Article Newly Inserted on Jan. 6, 2012]