Issuance of an international driver's license or a mutually recognized foreign driver’s license
Meaning of an international driver's license or a mutually recognized foreign driver’s license
- An international driver's license is a driver's license issued by a competent authority of a foreign country in accordance with the Geneva Convention (referring to the Geneva Convention on Road Traffic executed in Geneva in 1949) and the Vienna Convention (referring to the Vienna Convention on Road Traffic executed in Vienna in 1968) (The main sentence and subparagraphs 1, 2, and 3 of Article 96(1) of the Road Traffic Act).
- An international driver's license can be received from driver's license test courses in the home country, etc.
- “Mutually recognized foreign driver’s license” shall mean a driver's license issued by a competent authority of a foreign country under a convention, agreement, or arrangement between the Republic of Korea and a foreign country that mutually recognizes driver's licenses issued by the other country (The main sentence and subparagraph 4 of Article 96(1) of the Road Traffic Act).
Validity of an international driver's license or a mutually recognized foreign driver’s license
- Anyone who obtains an international driver's license or a mutually recognized foreign driver’s license and enters the ROK may drive a motor vehicle (automobile, bus, truck, special-purpose car, or two-wheeled vehicle exceeding 125cc displacement), motorcycle (two-wheeled vehicle of no more than 125cc displacement, and other vehicles equipped with a motor of less than 50cc displacement) (hereinafter “motor vehicles, etc.”), and the international driver's license and the mutually recognized foreign driver’s license shall be valid for one year from the date on which that person enters the ROK. The person may drive only those types of motor vehicles that are indicated on the international driver's license (Article 96(1) of the Road Traffic Act).
※ Anyone who drives a motor vehicle without a valid driver's license, an international driver's license, or a mutually recognized foreign driver’s license shall be imprisoned with prison labor for not more than one year or fined up to KRW 3 million (Subparagraph 1 of Article 152 of the Road Traffic Act).
- Any holder of an international driver's license or a mutually accepted foreign driver’s license who falls under any of the following may be prohibited from driving any motor vehicle, etc. in the ROK using that international driver's license or that mutually recognized foreign driver’s license (Article 97(1) of the Road Traffic Act):
1. When that person suffers a postnatal disability that impedes driving ability and requires frequent aptitude tests but fails to undergo such aptitude tests or fails to pass an aptitude test;
2. Where that person deliberately or negligently causes any traffic accident while driving a motor vehicle; and
3. Where that person violates the 「Road Traffic Act」, any order given or any disposition taken pursuant to the 「Road Traffic Act」with respect to driving a motor vehicle, etc.
Matters to consider for a person with an international driver's license or a mutually recognized foreign driver’s license
- A person with an international driver's license or a mutually recognized foreign driver’s license shall carry the driver's license or the mutually recognized foreign driver’s license while driving a motor vehicle, etc. and produce the same when requested by a police officer to do so (Article 92 of the Road Traffic Act).
※ Anyone who does not carry an international driver's license or a mutually recognized foreign driver’s license while driving shall be put into penal detention or fined up to KRW 200,000, or fined for negligence (Subparagraph 1 of Article 156 of the Road Traffic Act), and anyone who refuses to comply with any police officer's request to present a driver’s license or to answer questions posed to establish his/her identity shall be put into penal detention or fined up to KRW 200,000 (Article 155 of the Road Traffic Act).
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Penal detention or fine for negligence
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Detention is the lightest of all forms of confinement and is mainly imposed for light crimes like misdemeanors. Detention shall be not less than one day and less than thirty days (Article 46 of the 「Criminal Act」). A fine for negligence is a type of pecuniary punishment like a fine and is mainly imposed for light crimes like misdemeanors. A fine for negligence shall be at least KRW 2,000 and less than KRW 50 million (Article 47 of the 「Criminal Act」).
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Acquisition of a Korean driver's license
Taking a driver's license test in the ROK
- Foreign students can take a driver's license test in the ROK to receive a Korean driver's license.
- A driver's license test can be taken at a driver's license test course or a specialized driving school.
Provision of Fingerprint Information
- Where necessary to verify the identity of a registered foreigner who intends to be issued a driver's license, the commissioner of a district police agency may request the Minister of Justice, through the Commissioner General of the National Police Agency, to provide the fingerprint information of the relevant registered foreigner (Article 137-2(2) of the Road Traffic Act).
Subjects of a driver's license test
- A driver‘s license test includes a test of aptitude needed to drive a motor vehicle; a test of knowledge of relevant Acts and subordinate statutes and of maintenance and inspection of a motor vehicle; a test of skills needed to drive a motor vehicle; and an on-road driving test. One must pass all of these parts of the test to receive a driver's license (Articles 83 and 85.(1) of the 「Road Traffic Act」).
- Any person who holds a driver's license that has been issued by an authority of a foreign country (excluding a temporary driver's license, learner's driver's license, or license for a two-wheeled vehicle or motorcycle) shall be exempted from parts of the driver's license test as follows (Article 84.(1).3 and Article 84.(2) of the 「Road Traffic Act」, Article 52 and attached Table 3 of the 「Enforcement Decree of the Road Traffic Act」):
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Persons to be exempted
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License type
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Parts of test to be exempted
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Aptitude test
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Classroom subjects
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Skill test
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On-road driving test
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Knowledge of Acts & subordinate statues
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Maintenance & inspection techniques
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Person with a foreign driver's license issued by a country that recognizes a Korean driver's license
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Second-class driver's license for ordinary motor vehicles
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Exempted
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Exempted
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Exempted
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Exempted
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Person with a foreign driver's license issued by a country that does not recognize a Korean driver's license
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Exempted
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Exempted
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Validity of a driver's license
-When one who holds a foreign driver's license receives a Korean driver'slicense, his or her foreign driver's license shall be retrieved onlyunder the following circumstances (Article 84(3) of the Road Traffic Act andArticle 52(5) of the Enforcement Decree of the same Act).
1. If the countrywhich has issued the foreign driver’s license requests the retrieval of theforeign license;
2. If a country that issuesforeign driver’s licenses exempts all or part of the driver’s license test fora person who holds a driver’s license of the Republic of Korea and retrievesthat person’s driver’s license of the Republic of Korea to issue the foreigndriver’s license.
- When a person who has obtained a driver’s license falls under any of the following, the driver’s license may be revoked or suspended (including driver’s license of all categories obtained by the driver. The same hereinafter) (Article 93 of the 「Road Traffic Act」 and subparagraph 2-2 in the attached Table 28 of the 「Enforcement Rule of the Road Traffic Act」):
1. When a person drives a motor vehicle while intoxicated;
2. If the person previously violated (violations only regard driving cars, etc.). the latter part of Paragraphs 1 or 2 of Article 44 under the “Road Traffic Act,” breached the corresponding law once more, resulting in suspension of his/her driver’s license.
3. When a person fails to comply with a request from a police officer to take a breath test even though that person appears unquestionably intoxicated;
4. When a person drives a motor vehicle even though that person seems unable to drive a motor vehicle normally because of being under the influence of drugs;
5. When a person commits joint dangerous acts in violation of Article 46.(1) of the 「Road Traffic Act」
6. Reckless driving in violation of Article 46-3 of the Road Traffic Act
7. If the person infringed Article 17, Paragraph 3 of the “Road Traffic Act,” and drove more than three times exceeding 100km/h than the maximum speed limit according to Paragraphs 1 and 2 of Article 17 of the same Act.
8. If the person took the life of or wounded another person by a traffic accident and did not promptly take necessary measures, such as requesting aids, or reporting it to the police.
9. If the person falls under any stipulation stated from Subparagraphs 2 to 5 of Article 82, Paragraph 1 of the “Road Traffic Act,” is banned from acquiring a driver’s license accordingly.
10. If the person banned to acquire a driver’s license under Article 82 of the “Road Traffic Act” obtains his/her driver’s license falsely or by other foul means, or if it is revealed that the foreigner issued his/her driver’s license or a license substituting it during the suspension period of his/her driver’s license efficiency.
11. If the person did not receive the aptitude test under Article 87, Paragraph 2 or Article 88, Paragraph 1 of the “Road Traffic Act,” or if he/she failed the aptitude test.
12. If the person intentionally or unintentionally caused a traffic accident while driving.
13. If the driver’s license holder uses cars, etc. to violate Article 258-2 (special injury), Article 261 (special violence), Article 284 (special intimidation), or Article 369 (special destruction) under the “Criminal Law.”
14. If the driver’s license holder uses cars, etc. to infringe the “National Security Act,” inflict murder, abandon a dead body, arson, rob, rape, conduct forced indecent act, use drugs, induce, confine, conduct habitual theft (only if transporting the stolen material), or traffic obstruction (only if the driver’s license holder joins an organization or a group to interrupt traffic).
15. If the person takes or steals another person’s car.
16. If the person takes the driver’s license test instead of another applicant for the applicant’s illegal driver’s license acquirement.
17. If the person physically attacks police officials etc., implementing traffic enforcements, or city/gun officials.
18. If the person lends another person his/her driver’s license to drive or borrows another person’s driver’s license.
19. If the person drives a car (excluding two-wheeled motor vehicles) unregistered under the “Motor Vehicle Management Act” or did not acquire the temporary service permit.
20. If the person’s driver’s license was canceled by some reason before receiving the first-class or second-class common driver’s license.
21. If the head of the administrative agency concerned requested the person’s driver’s license to be canceled or suspension according to another law.
22. If the person drove a truck, violating Paragraphs 1 or 4 of Article 39 of the “Road Traffic Act.”
23. If the person violated the “Road Traffic Act” or breached the command or disposal pursuant to the “Road Traffic Act.”
24. If the driver’s license holder returned his/her driver’s license voluntarily to the commissioners of city/province police agencies to invalidate his/her driver’s license. However, this is not applicable if the driver’s license to invalidate is subject to cancellation or suspension, or during the efficiency suspension period.
※ The person’s driver’s license shall be canceled whatsoever if applicable to above Paragraphs 2, 3, 9, 10, 11 (unless the regular aptitude test period has been passed), Paragraph 17, Paragraphs 19 to 21, and 24 (Provisions of Article 93, Paragraph 1 of the “Road Traffic Act”).
Matters to consider for a person with a driver's license
- A person with a driver's license shall carry the driver's license while driving a motor vehicle, etc. and shall produce the same when requested by a police officer (Article 92 of the 「Road Traffic Act」).
※ The Commissioner of the City/Province police Agency may deem verifying the residence or address of the driver’s license holder necessary. In that case, the commissioner may request the Attorney General through the Commissioner General the registered foreigner’s residence or address (Article 137-2, Paragraph 1 of the “Road Traffic Act”).