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Grounds for Driver's License Cancelation

Cancelation of Driver's License

- The commissioner of a district police agency can cancel the driver's license of an individual who infringes the traffic laws established for safe driving. (Article 93 of the Road Traffic Act)

- The holder of a canceled driver's license must not drive. If caught driving, incarceration of up to one year, a fine of up to three million won, or a one-year disqualification period will be imposed. (Articles 82(2), Subparagraph 1 and 152 of the Road Traffic Act)

- The holder of a canceled driver's license who is caught driving without a license more than three times will face a two-year period of disqualification from acquiring a driver's license. (Articles 82(2), Subparagraph 2 of the Road Traffic Act)

Criteria of Driver's License Cancelation

Driver's License Cancelation from Accumulated Demerit Points and Penalty Points

- Your driver's license will be canceled if penalty points received for a single infringement or accident, or demerit points accumulated in a year reach the figures shown in the table below. (No. 1-c-(1) of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

Period	Penalty points or Accumulated demerit points
One year	121 or more
Two years	201 or more
Three years	271 or more

Grounds for Driver's License Cancelation (Article 93 of the Road Traffic Act; Article 91 and No. 2 of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

Reasons for Cancellation	Contents
If the driver caused a traffic accident and did not take relief measures.	If the driver did not take relief measures after causing casualties or fatalities due to his/her traffic accident.
If the driver was drunk while driving.	If the driver was drunk (with more than 0.03% of blood alcohol level) while causing a traffic accident while driving, which led to casualties or fatalities. If the driver drove drunk with more than 0.08% of blood alcohol level. If the driver reappeared drunk (with more than 0.03% of blood alcohol level) after driving drunk more than twice or previously refused to take the breathalyzer test.
If the driver refused to receive the breathalyzer test.	If the driver refused to take the breathalyzer test by the police officer, even though he/she drove drunk or reasonable reasons proved that the driver drove drunk.
If the driver lent another person his/her driver’s license (except if it was stolen or lost).	If the driver’s license holder requested another person to driver by lending his/her driver’s license. If a person acquired a driver’s license by lending it from another person, or other illegal ways to drive.
Reasons for Disqualification	A person who could arise potential risks or obstacles in traffic due to mental disorders or epilepsy under Article 42(1) of the Enforcement Decree of the Road Traffic Act. A person with visual impairments (this regulation solely applies to drivers blind in one eye holding a first-class license for full-sized and special vehicles). A person with hearing impairments (this regulation solely applies to drivers holding first-class license for full-sized and special vehicles). A person suffering dysarthrosis in both elbows or unable to use both arms. However, this shall not apply to drivers with physical disorders who can drive appropriately by operating customized cars. Persons unable to sit while driving due to physical disorders in legs, head, spine, etc. A person who could arise potential risks or obstacles in traffic due to drugs, marihuana, psychotropic drugs, or alcoholism under Article 42(3) of the Enforcement Decree of the Road Traffic Act.
If a person drives a car, etc. while taking drugs.	If a person drives a car, etc. while prescribing, smoking, ingesting, or injecting drugs (such as narcotics, marihuana, psychotropic drugs, or hallucinants under Article 25 of the Enforcement Decree of the Toxic Substances Control Act.
Collaborative risk actions	If a person gets arrested for collaborative risk actions by violating Article 46(1) of the Enforcement Decree of the Road Traffic Act.
Reckless driving	If a person gets arrested for reckless driving by violating Article 46(3) of the Road Traffic Act.
Speed Violations	If a person drives 100km/h faster than the maximum speed limit more than three times.
If a person fails the regular aptitude test or if a year has passed since the regular aptitude test.	If a year has passed since the person’s aptitude test expiration date or regular aptitude test failure without an additional aptitude test during the period.
If a person fails the irregular aptitude test or if the irregular aptitude test period has passed.	If a person fails the irregular aptitude test or if exceeding the irregular aptitude test period.
If a person drives during the driver's license administrative measure period.	If a person drives during the driver's license administrative measure period.
If a person acquires a driver’s license by false or illegal measures.	If a person acquires a driver’s license by false or illegal measures. If a person obtains a driver’s license, even though he/she is ineligible due to falling under disqualification reasons. If the truth is revealed that a person received a certificate substituting his/her driver’s license during his/her driver’s license suspension period.
If a person drives an unlisted car or an unauthorized vehicle for temporary service.	If the person drives a car (excluding two-wheeled motor vehicles) unregistered under the Motor Vehicle Management Act or did not acquire a temporary service permit.
If a person causes special injuries, etc. (retaliatory driving) under criminal law by automobiles, etc.	If a person causes special injuries, special intimidation, or special destruction under criminal law by automobiles, etc.
If a person takes the driver’s license test instead of the testee.	If a driver’s license holder illegally takes the driver’s license test instead of the testee for him/her to pass.
If a driver assaults a supervising police officer, etc.	If a driver gets arrested for assaulting a supervising police officer, etc. or Si/Gun/Gu public officials.
If a person’s driver’s license gets canceled for a reason.	If a driver’s learner permit got canceled for a reason before acquiring his/her first- or second-class common license (including cases of obtaining first- or second-class common license during the learner permit cancelation procedure).

Procedure of Driver's License Cancelation

You will receive a notice of driver's license cancelation if your driver's license is subject to cancelation. You or your agent can make an appeal, in person or in writing. If your appeal is unsuccessful, you will receive a confirmation of driver's license cancelation.

Pre-cancelation Notification

- The commissioner of a district police agency must notify the holder of the reason for suspension and schedule to be suspended, and the period in which a dispute can be made. The driver thus can file for an administrative lawsuit within a specified period. (Main Text of Article 93(4) of the Road Traffic Act)

- If your driver's license is due to be canceled for failing to undergo the regular aptitude test or renew your driver's license, you will receive a notice of conditional cancelation of driver's license within 10 months after the deadline for your regular aptitude test or driver's license renewal. In such a case, the notice of conditional cancelation of driver's license serves as the driver's license cancelation notice issued in the general cancelation of driver's license procedure. (Proviso to Article 93(4) of the Enforcement Regulations of the Road Traffic Act)

Return of Driver's License

- If your driver's license is canceled, you must return your driver's license to the commissioner of a district police agency who holds jurisdiction over the area in which the cause of your license cancelation occurred within seven days after the cancelation. (Article 95(1), Subparagraph 1 of the Road Traffic Act)

- A penalty of 30,000 won can be incurred by a driver who fails to return a driver's license after being notified. (Article 95 of the Enforcement Regulations of the Road Traffic Act; No. 70 of Attached Table 7 of the Enforcement Decree of the Road Traffic Act)

Temporary Driver's certificate

- Upon returning his or her driver's license, the holder of a driver's license that is due to be canceled can apply for a temporary driver's certificate. (Article 91(1), Subparagraph 3 of the Road Traffic Act; Article 88(1) and Form No. 79 of the Enforcement Regulations of the Road Traffic Act)

- A temporary driver's certificate is valid for up to 20 days. If your driver's license is due to be canceled or suspended, you can apply to have the valid period of your temporary driver's certificate set up to 40 days. (Main Text of Article 88(2) of the Enforcement Regulations of the Road Traffic Act)

- If deemed appropriate by the chief of a police station, your temporary driver's certificate can be extended by up to 20 days. (Proviso to Article 88(2) of the Enforcement Regulations of the Traffic Act)

Re-applying for a Driver's License

Apply at the End of the Disqualification Period

- If your driver's license has been canceled, you cannot apply for a driver's license during the disqualification period set for the cancelation. You must wait until after the disqualification period to apply for a driver's license. (Article 82(2) of the Road Traffic Act)

Taking special mandatory traffic safety education classes

- When your disqualification period is over, you must complete the special mandatory traffic safety education to acquire a driver's license. (Article 73(2) of the Road Traffic Act)

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