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Laws of the Republic of Korea |
[Enforcement Date: Feb. 7, 2010] [Act No. 9450, Feb. 6, 2009, Partial Amendment] Ministry of Land, Transport and Maritime Affairs (Motor Vehicle Damage Guarantee Team) Tel.: 02-2110-8706
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to establish a system by which compensation for the death or injury of any person and the destruction or damage of any property caused by the operation of automobiles is guaranteed in order to protect victims and to promote the sound development of automobile transportation.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows:
1. The term "automobile" means the automobile under the application of the Automobile
Management Act and the construction machinery
prescribed by Presidential Decree
among those under the application of the Construction Machinery Management Act;
2. The term "operation" means to use or manage automobiles according to the methods for
using such equipment, regardless of whether
or not they transport persons or carry
articles;
3. The term "automobile owner" means the owner of an automobile or a person entitled to
the use of an automobile, who operates such
automobile for himself/herself;
4. The term "driver" means a person who drives an automobile for others or serves in
driving assistance;
5. The term "liability insurance" means a type of insurance for which any automobile
owner and a person who runs an insurance business
after obtaining a license under the
Insurance Business Act (hereinafter referred to as the "insurance company") enter into
agreement
on the guarantee of the liability for indemnifying any person for his/her death
or injury caused by the owner's operation of the
automobile under this Act;
6. The term "liability mutual aid" means a type of mutual aid for which the automobile
owner for business use and a person operating
a mutual aid business under the Passenger
Transport Service Act, the Trucking Transport Business Act, and the Construction
Machinery
Management Act (hereinafter referred to as a "mutual aid business operator")
enter into an agreement on contents concerning the
guarantee of the liability for
compensating another person's death or injury caused by the operation of an automobile
under this
Act; and
7. The term "medical treatment fee covered by the automobile insurance" means the
expense generated by a person who has suffered
an automobile accident caused by the
operation of an automobile thereof (hereinafter referred to as a "automobile accident
patient")
has received medical treatments provided by a medical institution under the
Medical Service Act (hereinafter referred to as the
"medical institution"), which applies
to any of the following cases:
(a) Where the relevant expense is paid by the insurance money (including mutual aid
money, and hereinafter referred to as the "insurance
money, etc.") of the insurance
company (including mutual aid business operator, and hereinafter referred to as the
"insurance company,
etc.");
(b) Where the relevant expense is paid by the compensation money from the guarantee
business of compensation for loss caused by
an automobile referred to in Article 30;
and
(c) Where the medical treatment fee generated by the relevant automobile accident is paid
to the medical institution by the automobile
accident patient after the compensation for
the automobile accident patient (including indemnity under Article 30) is finalized.
Article 3 (Responsibility for Compensation of Losses Caused by Automobiles)
A person who operates an automobile for himself/herself
shall be liable to compensate for
losses in the event that he/she has killed or injured another person by the operation thereof:
Provided that this does not apply to the cases applicable to any of the following subsections:
1. Where a person other than the passenger is killed or injured, in the event that it has been
proven that the person who operates
the automobile and the driver thereof were not
negligent in its operation, that it was due to the intention or negligence of the
victim or a
third party other than the person who operates the automobile and the driver thereof, and
that there was no defect
in the structure and no malfunction of the automobile; and
2. Where a passenger is killed or injured intentionally or by suicide.
Article 4 (Application of Civil Act)
Excluding the cases under Article 3, with regard to the liability for making compensation for
losses of the person who operates
an automobile for himself/herself, the provisions of the
Civil Act shall apply.
Article 5 (Liability to Subscribe to Insurance, etc.)
(1) Any owner of an automobile shall be required to subscribe to liability
insurance or
liability mutual aids (hereinafter referred to as "liability insurance, etc."), which shall be
responsible to pay
to the victim (referring to a person who has the right to receive the
compensation for loss in the case of the death of the victim;
hereinafter the same shall apply)
the amount prescribed by Presidential Decree in the case that he/she has killed or injured any
person(s) during the course of operating the automobile.
(2) Any owner of an automobile shall, in addition to the subscription
to the liability insurance,
etc. referred to in section (1), subscribe to the insurance under the Insurance Business Act or
to
the mutual aid under the Passenger Transport Service Act, the Trucking Transport
Business Act and the Construction Machinery Management
Act in order to assume the
liability for paying an amount prescribed by Presidential Decree to another person for the
destruction
or damage of his/her property, which is caused by the operation of the automobile.
(3) Any person applicable to any of the following
subsections shall, in addition to the
subscription to the liability insurance, etc. referred to in section (1), subscribe to an
insurance
under the Insurance Business Act, or enter into a mutual aid contract under the Passenger
Transport Service Act, the
Trucking Transport Business Act or the Construction Machinery
Management Act, either of which shall guarantee to pay an amount of
compensation
prescribed by the Presidential Decree that exceeds the ceiling amount of the indemnities
covered by any liability
insurance, etc. in the case of death or injury of any other person due
to operation of the automobile:
1. Any passenger transport service business operator who has been granted a license or has
registered in accordance with Article
4 (1) of the Passenger Transport Service Act;
2. Any automobile rental business operator who has registered in accordance with Article
28 (1) of the Passenger Transport Service
Act;
3. Any freight trucking service operator and motor-freight forwarding affiliated service
operator who has obtained permission in
accordance with Articles 3 and 29 of the
Trucking Transport Business Act; or
4. Any construction machinery rental business operator who has registered in accordance
with Article 21 (1) of the Construction Machinery
Management Act.
(4) The provisions of sections (1) and (2) shall not apply to the automobiles prescribed by the
Presidential Decree
and to the automobiles operated only at places other than roads (referring
to the road under subsection 1 of Article 2 of the Road
Traffic Act, and the same shall apply
hereinafter).
(5) Subscription to the liability insurance, etc. referred to in section (1) and to the insurance
or the mutual aid referred to
in sections (2) and (3) shall be subscribed for each automobile.
Article 6 (Measures, etc. toward Non-Subscribers to Mandatory Insurance)
(1) An insurance company, etc. shall notify automobile owners who have subscribed to
insurance or mutual aid contracts of which
the owners are obligated to enter into in
accordance with the provisions of Article 5(1) through (3) (hereinafter referred to as
the
"mandatory insurance") due to the expiration of the contract once in the period between 75
days and 30 days prior to the expiration
of such contracts and again in the period between 30
days and 10 days prior to the expiration of such contracts respectively: Provided,
that where
the insurance period is less than one month or where an insurance company, etc. has come to
know that the owner of automobile
entered into contract again with itself or with another
insurance company, etc., such notification may be omitted.
(2) In the event that the person who is obligated to subscribe to the mandatory insurance
applies to any of the following subsections,
an insurance company, etc. shall notify such fact
to the Special Self-Governing Do governor or the head of the city/Gun/Gu (referring
to the
head of the autonomous Gu, and hereinafter referred to as the "head of the city/Gun/Gu")
within the period prescribed by
the Ordinance of the Ministry of Land, Transport and
Maritime Affairs:
1. Where the person has entered into a mandatory insurance contract with the said
insurance company, etc.;
2. Where the person has cancelled the mandatory insurance contract before the contract
expires after having entered into a mandatory
insurance contract with the said insurance
company, etc.; or
3. Where the person who entered into a mandatory insurance contract with the said
insurance company, etc. has not enter into a mandatory
insurance contract again with the
said insurance company, etc. after the contract has expired.
(3) Upon the receipt of the notification
as provided in section (2), the head of the city/Gun/Gu
shall order without delay the said person to subscribe to a mandatory insurance
and submit
documents attesting the fact of such subscription, by fixing a period of not less than 10 days
and not more than 15
days.
(4) The head of the city/Gun/Gu may keep the registration number plate of an automobile
(including the registration number plate
of a two-wheeled automobile and the registration
number plate of construction machinery, and the same shall apply hereinafter) in
custody,
which is not covered by any mandatory insurance.
(5) When necessary for keeping in custody the registration number plate of an automobile
which is not covered by any mandatory insurance
pursuant to section (4), the head of the
city/Gun/Gu may request the head of a police station to cooperate. In this case, the head
of
the police station so requested shall comply with such request unless there exist any special
situations not to.
(6) When the head of the city/Gun/Gu has taken into custody the registration number plate of
an automobile, which is not covered
by any mandatory insurance pursuant to section (4),
he/she shall notify the fact to the Special Metropolitan City Mayor, the Metropolitan
City
Mayor, or the Do governor (referring to the head of the city/Gun/Gu where the affairs of
registering automobiles have been
delegated to the head of the city/Gun/Gu) who is in charge
of registering the said automobile in accordance with the Automobile
Management Act or the
Construction Machinery Management Act, and the owner of the said automobile.
(7) Matters necessary for the
methods and procedures of notification as provided in sections
(1) and (2) for the methods, procedures, etc. of taking number plate
of automobile into
custody pursuant to section (4), and for the methods, procedures, etc. of cancelling custody
shall be prescribed
by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Article 7 (Establishment and Operation of Computer Network
for Management of
Mandatory Insurance Subscriptions, etc.)
(1) The Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the
"Minister") may establish and operate a
computer network for the management of mandatory
insurance subscriptions (hereinafter referred to as the "computer network for the
management
of subscriptions") which is operated by linking it with the computer information processing
organizations under Article
69 (1) of the Automobile Management Act and the computer
information processing organizations managed and operated by insurance
premium rate
calculation institutions under Article 176 of the Insurance Business Act (hereinafter referred
to as "insurance premium
rate calculation institution") in order to efficiently manage the
automobile owners who have not subscribed to mandatory insurance.
(2) The Minister may ask the heads of the local governments, the insurance companies, and
the heads of the insurance-related organizations
to furnish materials prescribed by the
Presidential Decree in order to establish and operate the computer network for the
management
of subscriptions. In this case, the persons who have been asked to provide such
materials shall comply with such request from the
Minister unless there exist any special
situations not to.
(4) Matters necessary for the computer network for the management of subscriptions shall be
prescribed by the Presidential Decree.
Article 8 (Prohibition of Operation)
Automobiles not covered by the mandatory insurance shall not be operated on a road:
Provided that this shall not apply to the automobiles
prescribed by Presidential Decree in
accordance with Article 5 (4).
Article 9 (Request for Issuance of Certificate of Subscription to Mandatory Insurance)
A person who has subscribed to the mandatory
insurance, the insured person by the contract
of the relevant mandatory insurance (hereinafter referred to as the "subscriber, etc.")
and
other interested persons may, if necessary to verify their rights and obligations or facts of
such subscription, request the
insurance company, etc. to issue a certificate of subscription to
the mandatory insurance for verifying such subscription.
Article
10 (Request for Payment of Insurance Money, etc.)
(1) In the event that a liability to compensate for loss has occurred to the subscriber,
etc.
under Article 3, the relevant victim may, in accordance with the conditions as prescribed by
the Presidential Decree, demand
the insurance company, etc. to pay the insurance money
directly to him/her in accordance with Article 724 (2) of the Commercial
Act. In this case, the
victim may request the insurance company, etc. to pay a part of the insurance money
equivalent to medical
fee directly to the medical institution that has provided him/her with
medical treatment.
(2) In the event that the subscriber, etc. has paid the compensation for loss to the victim
before the insurance company, etc. pays
the insurance money, etc., the subscriber, etc. may
demand the insurance company, etc. to reimburse the sum that he/she has paid
to the victim
within the compensation limit of the insurance money, etc.
Article 11 (Advance Payment to Sufferer)
(1) In the event that a subscriber, etc. has caused the death or injury of another person due to
the operation of an automobile,
the victim may request the insurance company, etc. to pay the
entire amount of medical fees under the automobile insurance, and
a certain amount of
money prescribed by the Presidential Decree as advance payment of the insurance money as
prescribed in Article
10.
(2) When the insurance company, etc. has received the request as prescribed in section (1),
he/she shall pay the amount of advance
payment requested within the period prescribed by
the Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) When
the advance payment made under section (2) exceeds the insurance money, the
insurance company, etc. may demand the person who has
received the relevant advance
payment to refund the excess amount.
(4) When it is found that the subscriber, etc. does not have any liability to compensate for the
loss after the advance payment
as provided in section (2) has been made, the insurance
company, etc. may request the person who received the advance payment to
refund it.
(5) When the insurance company, etc. has not received the refund of any advance payment
even though he/she has claimed
the refund in accordance with sections (3) and (4), as long as
the insurance company, etc. meets the requirements prescribed by
Presidential Decree
including financial resources for contributions, such insurance company, etc. may claim
compensation of the
advance payment which has not been refunded to the Government.
Article 12 (Claim and Payment of Medical Fee Covered by Automobile Insurance)
(1) When an insurance company, etc. becomes aware
of the occurrence of an automobile
accident through a claim for loss by either a subscriber, etc. or a victim of an automobile
accident under the provisions of the latter part of Article 10 (1), or by other reasons, the
insurance company, etc. shall, without
delay, notify the medical institution treating the victim
of whether or not the insurance company, etc. has intention to pay the
medical fee covered by
automobile insurance and of the limit of such payment.
(2) When the medical institution has been notified of whether or not the insurance company,
etc. has intention to pay the medical
fee covered by automobile insurance and of the limit of
such payment under the provisions of section (1), it may claim the payment
of the said fee in
accordance with the standards publicly notified by the Minister as provided in Article 15.
(3) When the medical
institution claims the payment of the medical fee covered by
automobile insurance in accordance with section (2), such claim shall
be made in accordance
with the clinical records of the patient's medical record card referred to in Article 22 of the
Medical Service
Act.
(4) In the case where the medical institution has claimed the payment of the medical fee
covered by automobile insurance in accordance
with section (2), the insurance company, etc.
shall pay the amount claimed within 30 days: Provided, that this shall not apply in
the case
where a request for examination is made in accordance with Article 19 (1).
(5) In the case where the medical institution
can claim the payment for medical fee covered
by automobile insurance to the insurance company, etc. under the provisions of section
(2), it
shall not make claims on the victim of the automobile accident (including his/her guardian) to
pay such medical fee: Provided,
that it may make claims on the victim of the automobile
accident to pay the relevant medical fees in any of the following cases:
1. Where the insurance company, etc. has notified that it has no intention to pay the
medical fee or cancelled the intention of payment
of the medical fee;
2. In the case of expenses which are not to be paid by the insurance company, etc.;
3. In the case of medical fee in excess of the limit of payment notified by the insurance
company, etc. under section (1);
4. Where the victim has made claims to the insurance company, etc. to pay the medical fee
directly to himself/herself as prescribed
in Article 10 (1) or Article 11 (1); and
5. In other cases applicable to reasons prescribed by the Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
Article 13 (Management, etc. of Inpatients)
(1) The medical institutions which can claim the medical fees covered by automobile
insurance to the insurance company, etc. pursuant
to Article 12 (2) shall keep records of
leaving the hospital or staying out overnight by patients admitted into such medical
institutions
due to an automobile accident (hereinafter referred to as the "inpatient"), and
manage it.
(2) When an inpatient intends to go out or stay out overnight, he/she shall obtain permission
from the medical institution.
(3) The insurance company, etc. which has notified whether or not he/she intends to pay the
medical fee and the limit of the payment
pursuant to the provisions of Article 12 (1) may
demand for the perusal of records on going out or staying out overnight. In this
case, the
medical institution shall comply with such demand unless there are justifiable reasons not to.
Article 13-2 (Instruction
for Leaving Hospital or Transfer to Another Hospital for an
Automobile Accident Patient)
(1) The medical institution may instruct a patient to leave the hospital where the condition of
a hospitalized automobile accident
patient has improved after medical treatment such as
surgery, treatment, etc. and hospitalized medical treatment is not necessary
any longer; and in
the cases prescribed by the Presidential Decree such as a case where it is necessary for the
patient to receive
medical treatment at his/her living area, the medical institution may instruct
transfer to another medical institution. In this
case, the medical institution shall notify,
without delay, the relevant patient and the insurance company, etc. which notified its
intention to pay the medical fee covered by automobile insurance in accordance with Article
12 (1) of the reason and date.
(2) In the event that the medical institution which has instructed transfer to another medical
institution to the automobile accident
patient in accordance with section (1) is requested for
provision of information in respect to the medical treatment such as perusal
or forwarding of
the patient's clinical card, opinions of his/her medical practices and the details of medical
treatment, it shall
immediately comply with such request.
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
Article 14 (Perusal of Medical
Record)
(1) In the event that an insurance company, etc. has received a claim for medical fee from a
medical institution under Article 12
(2), the insurance company, etc. may request the medical
institution for the perusal of the relevant medical records. In this case,
the medical institution
shall comply with such request unless there are any justifiable reasons not to.
(2) Any person who is engaged
or was formerly engaged in insurance business, etc. shall not
disclose the secrets of other persons which he/she came to learn in
the course of his/her
perusal of medical record under section (1).
Article 14-2 (Mutatis Mutandis Application to Cases Exceeding Compensation Limit of
Liability Insurance, etc.)
In the event that the automobile owner has subscribed to an insurance or mutual aid which
compensates loss in excess of the compensation
limit of the liability insurance, etc., the
provisions of Articles 10 through 13, 13-2 and 14 shall apply mutatis mutandis where
the
sufferer claims payment for the medical fee covered by automobile insurance within the limit
of the compensation by the insurance
or mutual aid which covers the loss in excess of the
compensation limit of the liability insurance, etc. in addition to claiming
for the
compensation up to the compensation limit of the liability insurance, etc.
[This Article Newly Inserted by Act No. 9450,
Feb. 6, 2009]
CHAPTER III STANDARDS FOR MEDICAL FEES COVERED BY
AUTOMOBILE INSURANCE AND MEDIATION OF DISPUTES
Article 15 (Medical Fees, etc. Covered by Automobile Insurance)
(1) The Minister may prescribe and publicly announce the standards
for medical fees covered
by automobile insurance (hereinafter referred to as the "standards for medical fees covered by
automobile
insurance") in order to ensure appropriate medical treatment for automobile
accident patients and to prevent disputes over medical
fees among the insurance companies,
etc., the medical institutions and the automobile accident patients.
(2) The standards for medical fees covered by automobile insurance shall include the
allowable scope of medical fees, procedures
for claiming and payment, and other matters
prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) When the Minister is to establish or modify the standards for medical fees covered by
automobile insurance, he/she shall listen
to the opinions of the Council for Disputes
Concerning Medical Fees Covered by Automobile Insurance under Article 17.
Article 16
(Survey and Research of Repair Cost)
(1) The Minister shall conduct survey and research on the appropriate repair cost (including
standard working hours and cost of
labor, etc.) and publish the findings from such survey and
research in order to prevent any dispute between the insurance company,
etc. and automobile
repair business operators over the repair cost.
(2) Matters necessary for the scope and procedures, etc. for the survey and research referred
to in section (1) shall be prescribed
by the Presidential Decree.
Article 17 (Council for Disputes Concerning Medical Fees Covered by Automobile
Insurance)
(1) The insurance companies, etc. and medical institutions shall organize the Council for
Disputes Concerning Medical Fees Covered
by Automobile Insurance (hereinafter referred to
as the "Council") mandated to perform the affairs applicable to each of the following
subsections through mutual consultations in order to prevent and promptly settle disputes
over medical fees covered by the automobile
insurance:
1. The examination and mediation of any dispute over the medical fees covered by the
automobile insurance;
2. Recommendations on the adjustment of the standards for medical fees covered by the
automobile insurance; and
3. The survey and research related to the affairs under subsections 1 and 2.
(2) The Council shall be composed of 18 members including
one chairperson.
(3) The members of the Council shall be commissioned by the Minister, and six members
among the persons recommended
by the organization of the insurance companies, etc., six
members among the persons recommended by the organization of the medical
institutions
and six members among the persons who meet the requirements prescribed by the
Presidential Decree shall be respectively
commissioned.
(4) The chairperson shall be elected from the members of the Council.
(5) The terms of office for the members of
the Council shall be two years and may be re-
commissioned: Provided that the term of office for any member filling a vacancy shall
be the
remainder of the term of office for his/her predecessor.
(6) Detailed matters necessary for the organization and operation,
etc. of the Council shall be
prescribed by Presidential Decree.
Article 18 (Operational Expenses)
Expenses necessary for operating the Council shall be borne by the insurance companies, etc.
and the medical institutions.
Article 19 (Request for Examination of Medical Fees Covered by Automobile
Insurance)
(1) When it is judged that a claim for payment under Article 12(2) is based upon the wrongful
application of the standards for medical
fees, the insurance company, etc. concerned may
request the Council to examine the claim in question within 60 days after the date
of such
claim.
(2) In the event of requesting the Council to conduct examinations in accordance with section
(1), the insurance company, etc. shall
pay in advance the amount prescribed by the
Presidential Decree to the relevant medical institution, and later pay out the balance
with its
added interest in compliance with the decision of the Council. In this case, where the amount
paid in advance exceeds
the amount of medical fees settled by the decision of examination by
the Council, the medical institution that has received the
amount in advance shall pay back its
excess with due interest added thereto.
(3) In cases where the insurance company, etc. who has been requested to pay medical fees
under Article 12 (2) fails to file an
application for examination by the Council within a period
as referred to in section (1), it shall be deemed that the insurance
company, etc. has agreed on
the contents of the claim for payment by the medical institution on the expiration date of such
period.
(4) The insurance company, etc. shall not reduce the amount of a claim made by the medical
institution under Article 12 (2) without
applying for examination by the Council as provided
in section (1).
(5) The interest rate referred to in section (2) shall be prescribed by the Presidential Decree.
Article 20 (Procedures, etc. for
Examination and Decision)
(1) At the request of the insurance company, etc. for examination under Article 19 (1), the
Council shall
examine and decide thereupon in accordance with the standards for medical
fees: Provided, that in cases where the case of request
for examination cannot be examined
and decided in accordance with the standards for the medical fees, the Council may advise
the
parties concerned to conciliate with each other.
(2) Matters necessary for the procedures for examination and decision by the Council
shall be
determined by the Council and approved by the Minister.
Article 21 (Effect, etc. of Examination and Decision)
(1) When
the Council has made a decision in respect to a request for examination as provided
in Article 19 (1), it shall notify the parties
concerned of the results thereof without delay.
(2) It shall be deemed that the parties concerned who were notified as prescribed
in section
(1) have reached an agreement of contents which are same as those of the decision of the
Council on the day of expressing
their acceptance if the parties concerned has accepted the
decision of the Council, or on the day after 30 days from the date of
receiving the notification
of the decision of the Council if a lawsuit has not been filed within 30 days from the date of
receiving
such notification by either party.
Article 22 (Authority of Council)
If deemed necessary for the examination and decision under Article 20 (1), the Council may
have the insurance company, etc., medical
institutions, organizations of the insurance
business operators, or organizations of medical business operators submit necessary
documents, state or report opinions, or entrust the relevant specialists with medical diagnosis
or examination.
Article 23 (Notification, etc. of Violation of Law)
When the Council has, in the process of examining the case of the request for
examination or
in performing other duties, found that the parties concerned or the interested persons have
been involved in violating
laws, it shall notify the relevant authorities thereof.
CHAPTER IV BUSINESS OF LIABILITY INSURANCE, ETC.
Article 24 (Obligation to Enter into Contract)
(1) When the automobile owners intend to subscribe to the insurance or the mutual aid as
prescribed in Article 5 (1) through (3),
the insurance company, etc. shall not refuse to enter
into the contract unless there exist any reasons provided by Presidential
Decree.
(2) Notwithstanding the provisions of section (1), in the cases applicable to the reasons
prescribed by the Ordinance of
the Ministry of Land, Transport and Maritime Affairs
including the case where there is a high probability that the owner of an automobile
may
cause an automobile accident, multiple insurance companies may jointly enter into the
insurance or mutual aid as prescribed
in Article 5 (1) through (3). In this case, the insurance
company shall provide guidance on the procedures for entering into a joint
contract and
insurance premiums to the owner of automobile.
Article 25 (Cancellation, etc. of Insurance Contract)
A subscriber or an insurance company, etc. shall not cancel or terminate the
mandatory
insurance contract unless it applies to one of the following cases:
1. Where the cancellation registration for the relevant automobile is completed in
accordance with Article 13 of the Automobile Management
Act or Article 6 of the
Construction Machinery Management Act;
2. Where the status of relevant automobile is changed into one referred to under Article 5
(4);
3. Where the subscriber intends to cancel or terminate one of the subscription contracts as
the automobile is doubly covered by another
liability insurance policy;
4. Where the relevant automobile is transferred;
5. Where the subscriber has proved that the relevant automobile is unable to be operated
any longer due to natural disaster, traffic
accident, fire, theft or other reasons; or
6. Other cases prescribed by the Ordinance of the Ministry of Land, Transport and
Maritime Affairs.
Article 26 (Succession to Mandatory Insurance Contract)
(1) In the case of transfer of an automobile insured by the mandatory insurance,
the transferee
shall, notwithstanding the provisions of Article 726-4 of the Commercial Act, succeed the
rights and duties of the
transferor in respect to the mandatory insurance contract for a period
of time extending from the transfer date of the automobile
(referring to the date when the
transferee has the automobile transferred to his/her active possession by payment of the
purchase
price) to the expiration date of the application period for the registration of
automobile ownership transfer under Article 12 of
the Automobile Management Act
(referring to the date of entering into a new liability insurance contract in the case the
transferee
enters into a new liability insurance contract, etc. before the expiry of the term of
application for the registration).
(2) In the case of section (1), the transferor may have a claim against the transferee for the
refund of the amount of the mandatory
insurance premium (referring to mutual aid
contributions in the case of a mutual aid contract; hereinafter the same shall apply)
corresponding to a period of succession by the transferee.
(3) In the event that the transferee has refunded the transferor the
amount corresponding to a
period of his/her succession to the mandatory insurance, he/she shall be exempted from
payment of the
premium to the extent of the amount of his/her refund.
Article 27 (Separate Accounting of Mandatory Insurance Business)
Any insurance
company, etc. shall take care of accounting with respect to the mandatory
insurance business separately from other insurance business
or mutual aid business.
Article 28 (Prior Consultation)
When the Financial Supervisory Commission intends to change the standards prescribed by
the Financial Supervisory Commission in
accordance with Article 127 (2) of the Insurance
Business Act (limited to standards for the clause on insurance of automobile insurance
under
Article 4 (1) 2 (c) of the same Act which apply only to the liability insurance), it shall consult
in advance with the Minister.
[This Article Wholly Amended by Act No. 9450, Feb. 6, 2009]
Article 29 (Payment, etc. of Insurance Money, etc.)
(1) When an insurance
company, etc. has paid any victim the insurance money, etc. for
his/her death, injury, or any destruction or damage of his/her property
due to the reasons
prescribed by the Presidential Decree such as violating the prohibition of driving under
intoxication under
Article 44 (1) of the Road Traffic Act, the insurance company, etc. may
claim for the compensation of the amount set by the Ordinance
of the Ministry of Land,
Transport and Maritime Affairs against any person who is legally liable for the loss
compensation.
(2) In amending the Presidential Decree aiming at revising the insurance money, etc. of the
liability insurance, etc. as provided
in Article 5(1), such amendment may, if the amended
contents become favorable to the subscribers, the following subsections which
oblige the
insurance company, etc. to pay the revised insurance money, etc., shall be prescribed
regardless of the content of contract
made before the amendment thereof:
1. Matters which make the previous insurance money, etc. of the already entered into
contract deemed as the revised insurance money,
etc. without renewing the previous
contract to a new contract; and
2. Other matters necessary for the revision of the insurance money, etc., or for the payment
of the revised insurance money, etc.
CHAPTER V GUARANTEE BUSINESS OF COMPENSATION FOR LOSS
CAUSED BY AUTOMOBILE
Article 30 (Guarantee Business of Compensation for Loss Caused by Automobile)
(1) In the following cases, the Government shall,
upon the claim of a victim, compensate
him/her for the loss incurred within the extent of the insurance money of the liability
insurance:
1. Where a person was killed or injured due to an accident caused by the operation of an
automobile whose owner was unidentified;
or
2. Where a person other than a subscriber, etc. is liable for compensation for the damage as
prescribed in Article 3: Provided, that
this shall not apply to an accident caused by
operation of the automobile referred to in Article 5 (4).
(2) The Government may
render aid to the children and the dependent family member of
persons killed due to the operation of automobiles or of persons handicapped
with serious
aftereffects so that they may settle the problem of straitened circumstances, of giving up
studies, etc. due to economic
difficulties, and to help persons handicapped with serious
aftereffects be rehabilitated.
(3) The Government shall, upon the claim of the insurance company, etc., make
compensation for loss in accordance with Article 11
(5).
(4) Matters necessary for objects, criteria, amount, method and procedure of the
Government's compensation or aids as provided
in sections (1) through (3) shall be
prescribed by Presidential Decree.
(5) The Minister shall perform the affairs in respect to the compensation business of the
Government as provided in sections (1)
through (3) (hereinafter referred to as the
"compensation guarantee business for loss by automobile").
Article 31 (Assistance to
Rehabilitation of Persons Handicapped with Aftereffect)
(1) The Minister may perform projects (hereinafter referred to as the "rehabilitation
project")
stated in the following subsections necessary for the rehabilitation of the persons handicapped
with aftereffects from
automobile accidents by installing a medical rehabilitation facility or
occupational rehabilitation facility (hereinafter referred
to as a "rehabilitation facility") for
assisting their rehabilitation:
1. Medical rehabilitation projects and projects incidental thereto, which are prescribed by
Presidential Decree; and
2. Occupational rehabilitation projects (including occupational rehabilitation counseling)
and projects incidental thereto, which
are prescribed by Presidential Decree.
(2) Financial resources necessary for the installation of rehabilitation facilities, and
management, operation, etc. of the rehabilitation facilities and rehabilitation projects pursuant
to the provisions of Article
32 (1) shall be the amount prescribed by Presidential Decree
among the contributions to compensation guarantee business for loss
by automobiles
pursuant to Article 37.
(3) Buildings, land and other structures, etc. being constructed or created for the purpose of
the rehabilitation facility shall
belong to the State.
(4) When the Minister installs a rehabilitation facility, he/she shall listen to the opinions of
the organization
of the persons handicapped with aftereffects from automobile accidents on
important matters regarding the scale, design, etc. thereof.
Article 32 (Designation, etc. of Rehabilitation Facility Operator)
(1) The Minister may entrust the management and operation of
a rehabilitation facility or
rehabilitation project to a corporation designated by the Minister among the corporations that
meet
the requirements in accordance with the classifications of the following subsections:
1. Medical rehabilitation facility and rehabilitation project pursuant to Article 31 (1) 1:
corporation that meets the requirements
prescribed by Presidential Decree among the
medical corporations permitted to practice medicine pursuant to Article 33 of the
Medical
Service Act; and
2. Occupational rehabilitation facility and rehabilitation project pursuant to Article 31 (1)
2: corporation that meets the requirements
prescribed by Presidential Decree and is
permitted by the Minister pursuant to Article 32 of the Civil Act and the Act on the
Establishment
and Operation of Public-Service Corporations among the organizations of
the persons handicapped with aftereffects from automobile
accidents.
(2) Any corporation that intends to be designated pursuant to section (1) shall file an
application with the Minister
as provided by Presidential Decree.
(3) When the corporation entrusted with the management and operation of rehabilitation
facility
or of rehabilitation project (hereinafter referred to as the "rehabilitation facility
operator"), which was designated pursuant
to section (1) performs the affairs of management
and operation of rehabilitation facility or rehabilitation project, it shall establish
separate
accounts and conduct such accounting by sorting it out from other businesses.
(4) Matters necessary for the procedure
of designating the rehabilitation facility operator, and
for the supervision thereof, etc. shall be prescribed by Presidential Decree.
Article 33 (Cancellation of Designation of Rehabilitation Facility Operator)
(1) When the rehabilitation facility operator falls
under any of the following subsections, the
Minister may cancel the designation thereof: Provided that where he/she falls under
subsection 1 or 2, such designation shall be cancelled:
1. Where he/she has been designated by fraudulent or other illegal means;
2 Where he/she has become unsuitable to the requirements
pursuant to each subsection of
Article 32 (1);
3. Where he/she has not conducted accounting by sorting it out from other businesses in
violation of Article 32 (3);
4. Where he/she has failed to perform the corrective order pursuant to Article 43 (4) for
three times or more without justifiable
reasons; or
5. Where he/she has become unable to continuously conduct the duty of management and
operation of the rehabilitation facility or
rehabilitation project due to changes in
circumstances, such as the liquidation of corporation.
(2) Where the Minister has cancelled
the designation of the rehabilitation facility operator
pursuant to section (1) and it applies to all of the following subsections,
he/she may allow the
person whose designation has been cancelled to continue to conduct the affairs of
management and operation
of the rehabilitation facility or rehabilitation project by specifying
the period and conditions of management and operation thereof
until a new rehabilitation
facility operator is designated. In this case, the person whose designation has been cancelled
shall
be deemed as a rehabilitation facility operator within the extent of affairs to be
conducted by him/her:
1. Where it is impossible to select a new rehabilitation facility operator since the date when
the designation was cancelled; and
2. Where the management and operation of the rehabilitation facility or rehabilitation
project are continuously needed.
(3) The person whose designation has been cancelled shall not be designated again as a
rehabilitation facility operator within two
years from the date (referring to the date the affairs
were finished in cases where the affairs had been conducted continuously
pursuant to section
(2)) when the designation was cancelled.
Article 34 (Rehabilitation Facility Management Deliberation Committee)
(1) In order to deliberate on the matters in the following
subsections in respect to the
installation of a rehabilitation facility, operation of rehabilitation project, etc., a
Rehabilitation
Facility Operation Deliberation Committee (hereinafter referred to as the
"Deliberation Committee") shall be established under the
authority of the Minister:
1. Matters concerning installation and management of the rehabilitation facility;
2. Matters concerning operation of the rehabilitation project;
3. Matters concerning designation and cancellation of designation of a rehabilitation
facility operator;
4. Matters concerning the business plan and budget of a rehabilitation facility operator; and
5. Other matters prescribed by Presidential Decree concerning the management and
operation of the rehabilitation facility and rehabilitation
project.
(2) Matters necessary for the organization, operation, etc. of the Deliberation Committee shall
be prescribed by the Presidential
Decree.
Article 35 (Mutatis Mutandis Application)
(1) The provisions of Articles 10 through 13, 13-2 and 14 shall apply mutatis mutandis to the
claims of victims for compensation
under Article 30 (1). In this case the term "insurance
company, etc." shall be deemed as "compensation guarantee business operator
for loss by
automobile", and the term "insurance money, etc." shall be deemed as the "compensation
money" respectively.
(2) In cases where a victim is compensated for the loss as provided in Article 30 (1) by the
person who has the liability for loss
compensation pursuant to Article 3, the Government
shall be exempted from the liability for compensation under Article 30(1) within
the limit of
the amount of compensation the victim has received.
(3) In cases where a person, who is supposed to receive aid under
Article 30 (2), has received
aid for the same reason under any other Act, the Government may not render the aid under
Article 30
(2) within the limit of any aid he/she has received.
Article 37 (Contributions to Compensation Guarantee Business for Loss by
Automobile)
(1) Persons who are required to subscribe to liability insurance, etc. in accordance with
Article 5 (1) and the owners of the automobiles
prescribed by the Presidential Decree among
automobiles under Article 5(4) shall pay the Government contributions for the compensation
guarantee business for loss by automobile.
(2) A contribution to be paid by a person who is required to subscribe to liability insurance
pursuant to Article 5(1) among the
persons who are required to pay contributions pursuant to
section (1) shall be collected by the insurance company, etc. who contracts
a liability
insurance with the relevant payment obligor at the time of entering into the liability insurance
contract and paid
to the Government by the insurance company, etc.
(3) The contributions pursuant to section (1) shall be appropriated separately
from the
Government's revenue and expenditure budget and the matters necessary for the amount, the
method of payment, and the management
of the contributions shall be prescribed by the
Presidential Decree.
Article 38 (Disposition for Default of Contribution)
(1) The Minister shall urge the person who has not paid the contribution as
provided in
Article 37 within the payment period to pay the contribution by setting a period of not less
than ten days.
(2) In cases where the person who has been urged to pay the contribution as provided in
section (1) does not pay it within the period,
the Minister shall collect it in accordance with
the practices of disposition on default national taxes.
Article 39 (Subrogation,
etc. of Claim Right)
(1) In the event that the Government has compensated for loss according to Article 30 (1), the
Government may subrogate the victim's
right to claim the compensation for loss from the
person who is liable to compensate for loss under Article 3 within the limit of
the amount it
has paid.
(2) In the event that the Government has compensated the insurance company, etc. in
accordance with Article 30 (3), the Government
may subrogate the right of the insurance
company, etc. to claim the refund from any person who has been paid the advance payment
in
accordance with Article 11 (3) and (4).
(3) In the cases applicable to any of the following subsections, the Government may suspend
subrogation of claim right under sections
(1) and (2) according to the resolution of the Credit
Adjustment Committee for Compensation Guarantee Business for Loss by Automobile
under
Article 39-2, and make dispositions on deficit of credits such as claims or unreturned
prepayment, etc. 1. When the extinct prescription for the relevant right is complete; and
2. Cases prescribed by the Presidential Decree where it is deemed that there is no
possibility to collect on the credit.
Article 39-2 (Credit Adjustment Committee for Compensation Guarantee Business for
Loss by Automobile)
(1) The Credit Adjustment Committee for Compensation Guarantee Business for Loss by
Automobile (hereinafter referred to as the "Credit
Adjustment Committee") shall be
established under the control of the Minister to pass resolutions on the matters related to the
disposition on deficit of the credits under Article 39 (1) and (2).
(2) Matters necessary for organization, operation, etc. of
the Credit Adjustment Committee
shall be prescribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 40 (Prohibition of Seizure, etc.)
The right of claims under Articles 10 (1), 11 (1), or 30 (1) shall not be seized or alienated.
Article 41 (Extinctive Prescription)
In cases where the right of claims under Articles 10, 11 (1), 29 (1) or 30 (1) is not exercised
for three years, it shall be terminated
by extinct prescription.
Article 42 (Prohibition of Disposition such as Registration, etc. to Persons Carrying no
Mandatory Insurance)
(1) In the event that an application for registration, permission or inspection is filed, or a
report is made pursuant to Articles
8, 12, 27, 43 (1) 2, 43-2 (1) and 48 (1) of the Automobile
Management Act or Articles 3 and 13 (1) 2 of the Construction Machinery
Management Act
for any automobile, which is required to subscribe to the mandatory insurance in accordance
with Article 5 (1) through
(3), the competent administrative agency (including any person
who is entrusted with the relevant work; hereinafter the same shall
apply) shall verify
whether or not the automobile is subscribed to the mandatory insurance, and shall register,
permit, inspect
or receive report only for the automobiles which are subscribed by the
mandatory insurance. In this case, when newly registering
the automobile as prescribed in
Article 8 of the Automobile Management Act, the automobile is deemed to be subscribed to
the mandatory
insurance only if such automobile is subscribed to the mandatory insurance
which guarantees the liability for loss compensation
occurring after the period of temporary
operation permit under Article 27 of the same Act is terminated.
(2) Matters necessary for the methods and procedures, etc. for verification of the subscription
to the mandatory insurance under
section (1) shall be prescribed by the Ordinance of the
Ministry of Land, Transport and Maritime Affairs.
Article 43(Inspection
and Inquiries, etc.)
(1) When deemed necessary, the Minister may have public officials under his/her control visit
the medical institution requesting
for medical treatment fee covered by the automobile
insurance, the rehabilitation facility or office, etc. of the person entrusted
with the authority
pursuant to the provisions of Article 45(1) through (4) and perform activities applicable to the
following subsections:
1. Inspecting documents such as books and records in respect to the situation of dealing
with the affairs prescribed by this Act;
2. Activity of receiving report on the matters of affairs, accounting and property; and
3. Inquiries to the persons concerned.
(2) When it is necessary for grasping the situation of dealing with affairs of insurance
business prescribed by this Act or efficient operation of compensation guarantee business for
loss by automobile, the Minister may
request the relevant central administrative agency, the
local government, the Financial Supervisory Service, etc. to submit necessary
data. In this
case, the relevant central administrative agency, the local government, the Financial
Supervisory Service, etc.,
which has been requested to submit data shall comply with the
request unless there are justifiable reasons not to.
(3) The public
officials who conduct an inspection or inquiry in accordance with section (1)
shall carry vouchers verifying their authority and
show it to the persons concerned.
(4) In the event that there exist any violations of laws or regulations, or unjustifiable facts
have been found as the result of inspection or report pursuant to section (1), the Minister may
order the rehabilitation facility
operator or the person who has been entrusted with the
authority to take corrective action.
Article 44 (Delegation of Authority)
The Minister may delegate part of the authority under this Act to the Special Metropolitan
City Mayor, the Metropolitan City Mayor,
the Do governor, or the head of the city/Gun/Gu as
provided by Presidential Decree.
Article 45 (Entrustment of Authority)
(1) The Minister may entrust the insurance company, etc. or the insurance-related
organizations with the affairs applicable to the
following subsections as provided by
Presidential Decree. In this case, he/she shall consult with the Financial Supervisory
Commission:
1. Affairs in respect to compensation as prescribed in Article 30 (1);
2. Affairs in respect to performing rights and duties which are accorded to persons
operating compensation guarantee business for
loss by automobile in consequence of the
fact that a person operating a compensation guarantee business for loss by automobile is
deemed as the insurance company, etc. under Article 35;
3. Affairs in respect to receipt, management and employment of contributions under Article
37; and
4. Affairs in respect to subrogation of right to claim the compensation under Article 39 (1).
(2) The Minister may entrust the affairs
of assistance and installation of rehabilitation facility
as prescribed in Article 30 (2) to the Korea Transportation Safety Authority
established
pursuant to the Korea Transportation Safety Authority Act under the conditions as prescribed
by the Presidential Decree.
(3) The Minister may entrust an insurance premium rate calculation institution with the work
of establishment and operation of the
computer network for the management of subscriptions
as prescribed in Article 7.
(4) The Minister may entrust any insurance-related organization or any special corporation
established pursuant to the Special Act
with the compensation work as prescribed in Article
30 (3) and the refund-claim work as prescribed in Article 39 (2).
(5) The Government
may pay the person who is entrusted with the authority as provided in
section (1) or (2) a subsidy within the limit of the budget
in order to allow him/her to
appropriate it to the compensation or aid funds he/she pays.
(6) When applying the provisions of Articles
129 through 132 of the Criminal Law, the
persons entrusted with the authority in accordance with sections (1) through (4) shall
be
deemed as public officials.
Article 45-2 (Providing and Management of Information)
(1) In the event that an insurance premium rate calculation institution entrusted
with affairs as
prescribed in Article 45 (3) is requested by the person entrusted with affairs as prescribed in
section (1) of
the same Article, it may provide the information managed by the computer
network for the management of subscriptions within the
scope prescribed by the Presidential
Decree in terms of the contents of information to be provided, etc.
(2) In the event of providing
information as prescribed in section (1), the insurance premium
calculation institutions entrusted with affairs as prescribed in
Article 45 (3) shall maintain the
data for the recipients of information provided, contents of provided information, persons
who
requested information, and the purpose of providing information for three years.
[This Article Newly Inserted by Act No. 9450, Feb.
6, 2009]
Article 45-3 (Obligation of Information User)
The insurance premium rate calculation institutions entrusted with affairs as prescribed in
Article 45 (3) and the persons provided
with information as prescribed in Article 45-2 (1)
shall not disclose or use the information which has come to his/her knowledge
in the course
of conducting his/her affairs for improper purpose such as providing it for the use by other
persons, etc.
[This Article Newly Inserted by Act No. 9450, Feb. 6, 2009]
CHAPTER VII PENAL PROVISIONS
Article 46 (Penal Provisions)
(1) Any person applicable to any of the following subsections shall be punished by
imprisonment not exceeding three years or by
a fine not exceeding ten million won: Provided,
that a person who applies to subsection 1 may be prosecuted only when the person
incurring
losses by the disclosure of his//her confidential information lodges a complaint against
him/her:
1. Any person who disclosed the secrets of other persons he/she happened to become aware
of during the course of reading medical
records in violation of Article 14 (2);
2. Any insurance company, etc. which has failed to perform separate accounting of
mandatory insurance business in violation of Article
27;
3. Any rehabilitation facility operator who has not performed accounting by sorting out
separately from other businesses in violation
of Article 32 (3); and
4. Any person who has disclosed information or provided for the use by other persons.
(2) Any person who has operated an automobile
not covered by the mandatory insurance in
violation of the text of Article 8 shall be punished by imprisonment not exceeding one
year or
by a fine not exceeding five million won.
(3) A medical institution that has claimed the medical fee covered by automobile insurance
differently from the clinical records
of the medical record card, or that has prepared a false
clinical record in order to make a deceptive claim in violation of Article
12 (3) shall be
punished by a fine not exceeding fifty million won.
Article 47 (Joint Penal Provisions)
If a representative of a juristic person, or an agent, a servant or any other employee of a
juristic person or individual commits
any offense applicable to Article 47 in connection with
the affairs of the said juristic person or an individual, the respective
juristic person or
individual shall be subject to fine prescribed by each of the relevant Articles in addition to the
punishment
of the offender. Provided, that this does not apply in the case where a juristic
person or an individual has not been negligent
in paying attention to and supervising the
relevant affairs to prevent such offense.
[This Article Wholly Amended by Act No. 9450, Feb. 6, 2009]
Article 48 (Fine for Negligence)
(1) Any insurance company, etc. who reduced the amount of a claim made by a medical
institution under Article 12(2) without filing
an application for examination thereof as
provided in Article 19 (1) in violation of Article 19 (4) shall be punished by a fine
for
negligence not exceeding fifty million won.
(2) Any person who applies to any of the following subsections shall be punished by a fine
for negligence not exceeding twenty million
won:
1. An insurance company, etc. which refused to pay the advance payment claimed by any
victim in violation of Article 11 (2);
2. The founder of a medical institution who claimed medical fees covered by automobile
insurance from the automobile accident patient
(including the patient's guardian) in
violation of the text of Article 12 (5);
3. An insurance company, etc. which refused to enter into a contract of the insurance or the
mutual aid as prescribed in Article
5(1) through (3) with a person who intends to
subscribe to such insurance or mutual aid in violation of Article 24 (1); and
4. An insurance company, etc. which cancelled or terminated a mandatory insurance
contract in violation of Article 25.
(3) Any person who applies to any of the following subsections shall be punished by a fine
for negligence not exceeding three million
won:
1. A person who has failed to subscribe to a mandatory insurance as prescribed in Article 5
(1) through (3);
2. An insurance company, etc. who has failed to give a notice in violation of Article 6 (1)
or (2);
3. The founder of a medical institution which has not recorded or managed matters of
going out or staying out overnight of inpatients
in violation of Article 13 (1), or has
recorded and managed them fraudulently; or
4. A person who has not performed the corrective order as prescribed in Article 43 (4).
(4) The fine for negligence under sections
(1) through (3) shall be imposed and collected by
the head of the city/Gun/Gu as provided by the Presidential Decree.
Article 49
Deleted.
(1) The term "offenses" in this Chapter means the offenses according to the crimes under
Article 46 (2), and the specific scope
thereof shall be prescribed by the Presidential Decree.
(2) The term "offender" in this Chapter means the person who has committed
an offense and
who does not apply to any of the following subsections:
1. A person who habitually commits the offenses; and
2. A person for whom a disposition of notice is not appropriate after taking into
consideration the motive, means, results, etc.
of committing the crime.
(3) The term "penalty" in this Chapter means the money to be paid by the offender to the
treasury of the
Special Self-Governing Do/city/Gun or Gu (referring to the autonomous Gu)
that has taken a disposition of notice under Article 51.
(4) The investigations on the offenses shall be exclusively conducted by prosecutors and
public officials designated under subsection
35 of Article 5 of the Act on the Persons
Performing the Duties of Judicial Police Officials and the Scope of Their Duties (hereinafter
referred to as the "special judicial police official"). Provided, that the investigations on the
persons who has caused a traffic
accident by operating an automobile which is not covered by
the mandatory insurance shall be exclusively conducted by prosecutors
and judicial police
officials.
(1) The head of the city/Gun/Gu may notify the person deemed as an offender to pay the
penalty by means of a notice for the payment
of penalty, clarifying the reasons therefor:
Provided that this does not apply to the person who applies to any of the following
subsections:
1. A person whose name or address is uncertain; and
2. A person who has refused to accept a notice for the payment of penalty.
(2) The amount of penalty to be notified under section
(1) shall be prescribed by the
Presidential Decree within the limit of the amount of fine as prescribed in Article 46 (2)
according
to the type of automobile and the level of offense.
Article 52 (Payment of Penalty)
(1) A person who has received a notice for the payment of penalty under Article 51 shall pay
the penalty to the receiving agency
designated by the head of the city/Gun/Gu within ten days
from the date of receiving the notice for the payment of penalty: Provided,
that in cases
where he/she is unable to pay the penalty within the relevant period due to force majeure or
other similar causes,
he/she shall pay it within five days from the day on which such causes
have disappeared.
(2) A person who is dissatisfied with the notice for the payment of penalty under section (1)
may file an objection with the head
of the city/Gun/Gu within the relevant payment period.
Article 53 (Effect of Disposition of Notification)
(1) A person who has
paid the penalty under Article 51 (1) shall not be punished again for the
same offense.
(2) The special judicial police official shall, in cases applicable to any of the following
subsections, without delay, transfer
the case to the competent District Public Prosecutor's
Office or District Public Prosecutor's Branch Office:
1. A case applicable to any subsection of Article 50 (2);
2. A case applicable to any subsection of Article 51 (1);
3. Where the penalty has not been paid within payment period under Article 52 (1); and
4. Where an objection has been filed as prescribed in Article 52 (2).
ADDENDA
Article 1 (Enforcement Date)
This Act shall take effect one year after its promulgation.
Article 2 (Application Example of Medical Fees Covered by Automobile
Insurance)
The amended provisions of subsection 7 (c) of Article 2 shall apply starting from the first
medical fees covered by
automobile insurance which is paid by the automobile accident
patient to the medical institution after this Act takes effect.
Article
3 (Application Example of Claims for Compensation from the Insurance
Company, etc. for the Advance Payment to Sufferer)
The amended
provisions of Article 11 (5) shall apply starting from the claim for
compensation for the first advance payment which is paid to
the victim after this Act takes
effect.
Article 4 (Application Example of Extinct Prescription of Claim Right of Insurance
Company, etc.)
The amended provisions of Article 41 shall apply starting from the payment of the first
insurance money, etc. which is paid by the
insurance company, etc. to the victim after this
Act takes effect.
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