Persons Subject to Fines for Negligence
Imposition of fines for negligence or violation of the traffic regulations
- A fine for negligence is a monetary punishment that is imposed for certain traffic offenses but which, unlike a fine, does not have the characteristics of punishment. Fines for negligence are imposed not only on traffic offenders but also on the owners of automobiles that violate specific traffic regulations and other such parties in cases where the identity of the violators is unknown (Article 160(3)1 of the Road Traffic Act).
- When the commissioner of a provincial police agency, the Governor of Jeju Special Self-Governing Province, or a Mayor, etc. intends to impose a fine for negligence under Articles 160 and 161 of the Road Traffic Act, he/she shall record it in the regulation book (Enforcement Regulation of the Road Traffic Act, Addenda 156) (It shall be prepared and managed in such a way that it is possible to handle it electronically unless any extraordinary circumstance exists to the contrary) and in the register of persons subject to the imposition of a fine for negligence (Article 161 of the Road Traffic Act, Article 88(1) of the Enforcement Decree of the Road Traffic Act, Article 145 of the Enforcement Regulation of the Road Traffic Act).
Raising an objection within 60 days
- If the driver or employer of a motor vehicle is issued a notice for payment of a fine for negligence, he/she must raise an objection either orally or in written form, or pay the fine for negligence within 60 days of receiving such notice at an institution entrusted with receiving such payments. In the event that the person concerned fails to raise an objection or pay the additional charges within 60 days, he/she may be issued a disposition on default (Article 20(1) of the Act on the Regulation of Violations of Public Order).
Payment of fines for negligence
Payment of fines for negligence
- If a party fails to pay a fine for negligence within the deadline for the payment thereof, the administrative agency concerned shall collect additional dues from the party at the rate of 5/100 of the amount in default from the day following the deadline for payment (Article 24(1) of the Act on the Regulation of Violations of Public Order).
- If a fine for negligence in arrears is not paid, other additional dues (hereinafter referred to as "increased additional dues") shall be collected at the rate of 12/1,000 of the amount in default per month after the deadline for payment thereof, in addition to the additional dues as provided for in paragraph (1). In such cases, the period for which the increased additional dues are collected shall not exceed 60 months (Article 24(2) of the Act on the Regulation of Violations of Public Order).
Fine for negligence for drivers who violate the traffic regulations
Imposition of fines for negligence
- A fine for negligence not exceeding KRW 200,000 shall be imposed on drivers in the following cases (Article 160(2) of the Road Traffic Act).
· In cases where a driver fails to exercise due caution in order to avoid harming other persons by splashing them with water by driving through a puddle (Article 49(1)1 of the Road Traffic Act).
· In cases where the driver of a motor vehicle neglects to ensure that the windshield and the windows to the left and right of the driver’s seat satisfy the following criteria on the transmissivity of visible rays (Article 28 of the Enforcement Decree of the Road Traffic Act) such that the vehicle in question impedes road traffic safety (Article 49(1)3 of the Road Traffic Act).
√ Windshield: Below 70 percent
√ Windows to the left and right side of the driver’s seat: Below 40 percent
· A driver who fails to ensure that his/her passengers fasten their seatbelt.
· A driver who fails to ensure that his/her passengers wear life protection outfit.
· A manager of a school bus who fails to attach a report certificate in the bus.
· A driver who fails to ensure that children or infants fasten their seatbelt upon boarding the bus (Article 53(2) of the Road Traffic Act).
· A person who has not completed the mandatory safety education for school buses for children (Article 53-3(1) of the Road Traffic Act).
· In cases where a manager of a school bus for children compels or causes a person who has not completed the mandatory safety education to drive a school bus for children (Article 53-3(3) of the Road Traffic Act).
· Operators of school buses for children who have not submitted safe driving records (Article 53 (7) of the Road Traffic Act)
· A driver who violates the duty of always keeping in his/her vehicle a warning sign indicating vehicle breakdown on an expressway.
· A person who fails to renew his/her driver’s license during the renewal period.
· A person who has not taken the regular or a non-scheduled aptitude test.
Fines for negligence for employers whose motor vehicle violates the traffic regulations
Imposition of fines for negligence
- Any person who employs a driver or manages a driver or a motor vehicle, or a user thereof (including those who rent a vehicle for a transport service under the Passenger Transport Service Act and those who lend a motor vehicle under the Specialized Credit Finance Business Act, hereinafter referred to as ‘employer, etc.’) shall always remind the driver(s) of the Road Traffic Act and its regulations and supervise the drivers’ compliance with it. (Article 56(1) of the Road Traffic Act).
- In cases where a motor vehicle is proven by a photograph, videotape or other form of visual record to have committed one of the following violations, but where the identity of the driver responsible for the violation cannot be confirmed, making it impossible to issue notification in compliance with Article 143(1) of the Road Traffic Act (this case corresponds with only items ③, ⑤, ⑥ below), or making it impossible to issue a notification disposition of a fine for negligence in accordance with Article 163 of the Road Traffic Act, the employer, etc. shall be punished by a fine for negligence of not more than KRW 200,000 (Article 160(3) of the Road Traffic Act).
① Violation of the obligation to obey a traffic signal or an order (Road Traffic Act, Article 5)
② Violation of the obligation to travel along the right-hand side of the center (i.e. the center line when properly marked) of a road (which refers to a roadway, where a road is divided into a roadway and sidewalk) (Article 13(3) of the Road Traffic Act)).
③ Violation of the obligation to observe the exclusive-lane system on an expressway or a motorway (Article 15(3) and 61(2) of the Road Traffic Act).
④ Violation of the duty to observe a speed limit (Article 17(3) of the Road Traffic Act).
⑤ Violation of the duty to give way to an emergency vehicle (Article 29(4), (5) of the Road Traffic Act).
⑥ Violation of the prohibition of stopping or parking (Article 32, 33, 34 of the Road Traffic Act).
⑦ Violation of the prohibition of travelling along the shoulder (Article 60(1) of the Road Traffic Act).
※ The standards forimposing administrative fines for violations are available in the
AttachedTable 6 of the Enforcement Decree of the Road Traffic Act while the standards for imposing administrativeviolations in a protection zone for children are available in Attached Table 7 ofthe Enforcement Decree of the Road Traffic Act.
Cases where the owner of a vehicle is exempt from a fine for negligence (Article 160(4) of the Road Traffic Act).
- Fines for negligence can be exempted in the following cases (Article 160(4) of the Road Traffic Act).
· In cases where the motor vehicle has been stolen or other inevitable reasons.
· In cases where the driver has been punished for the corresponding violation in accordance with Article 156 of the Road Traffic Act (including cases in which the driver has been notified of a fine for negligence in accordance with Article 163 of the Road Traffic Act).
· In cases where the identity of the perpetrator of a violation is clarified as a result of raising an objection in accordance with Article 20(1) of Act on the Regulation of Violations of Public Order.
· In cases where the motor vehicle concerned is obviously the only vehicle to have been rented out by a car rental company in compliance with the Passenger Transport Service Act or by a facility rental company in compliance with the Specialized Credit Finance Business Act.
Mitigation of Fines for Negligence
Drivers eligible for mitigation of fines for negligence
- Administrative agencies may reduce a fine for negligence within the scope of 50/100 if the person upon whom a fine for negligence has been imposed falls under any of the following as a result of an advance notice and the submission of an opinion. Nevertheless, this shall not apply to those who are in arrears on previous fines for negligence (Article 2-2(1) of the Enforcement Decree of the Act on the Regulation of Violations of Public Order).
· Recipients of forms of assistance under Article 2 of the National Basic Living Security Act.
· Persons eligible for protection under Article 5 of the Single-Parent Family Support Act.
· People with serious disabilities among persons with disabilitiesunder Article 2 of the Welfare of Disabled Persons Act
· Persons deemed to have suffered a physical disability falling under Classes 1 to 3 under Article 6-4 of the Act on the Honorable Treatment and Support of Persons, etc. Having Rendered Distinguished Services to the State.
· Minors
Mitigation of fines for negligence of voluntary payment
- An administrative agency may reduce a fine for negligence within the scope of 20/100, if the party concerned intends to voluntarily pay the fine for negligence within the period (of more than 10 days) for submitting an opinion, which is given along with advance notice (Article 18(1) of the Act on the Regulation of Violations of Public Order, Article 5 of the Enforcement Decree of the Act on the Regulation of Violations of Public Order).
- When the party concerned pays a fine for negligence that has been reduced pursuant to the above provision within the designated period, the procedures for the imposition and collection of the fine for negligence with respect to the violation of public order shall be completed (Article 18(2) of the Act on the Regulation of Violations of Public Order).
※ Usually, the ‘advance notice’ of a fine for negligence and the ‘notice of payment of mitigated fine for negligence’ are sent together, or a guide states the bank account designated by the administrative agency. Anyone who intends to pay the fine for negligence voluntarily shall either pay the fine by the ‘notice of payment of mitigated fine for negligence’ ‘within the period for submitting an opinion’ or deposit the reduced fine in the designated account.
Relation between mitigation by voluntary payment and mitigation of fines for negligence stipulated by individual acts
- Recipients of National Basic Living Security, persons eligible for protection under the Single-Parent Family Support Act, Classes 1 to 3 of disabled persons, meritorious persons (with a physical disability falling under Classes 1 to 3) or minors shall be eligible only for mitigation by voluntary payment, even though they have plural grounds for mitigation. (Article 2-2(2) of the Enforcement Decree of the Act on the Regulation of Violations of Public Order). Therefore, mitigation by voluntary payment shall not be duplicated by other grounds for mitigation.