Subject to special mandatory traffic safety education and postponement thereof- Those who fall under any of the following shall complete the special mandatory traffic safety education for 3 up to 16 hours by attending lectures, audio-visual or field exercise classes that are conducted by The Road Traffic Authority (Article 73 (2) first half of the Road Traffic Act and Article 38 (2)(3) of its Enforcement Decree):
1. Those who desire to obtain a new driver’s license among those whose driver’s license has been revoked (exclusive of those whose driver’s license has been revoked by falling under Article 93 (1)-9, 20 of the Road Traffic Act);
2. Those whose driver’s license has been suspended by falling under Article 93 (1)-1, 5, 5-2, 10, or 10-2 of the Road Traffic Act and still remains suspended;
3. Those who have been released from driver’s license revocation or suspension (limited to the driver’s license suspension by falling under Article 93 (1)-1, 5, 5-2, 10 or 10-2 of the Road Traffic Act but 1 month has not yet lapsed from the day released;
4. Those whose suspension period has not lapsed among those whose driver’s license has been suspended or a beginner driver
※ Definition of beginner or novice driver
· Those who have obtained a driver’s license in less than 2 years from the day they obtained their first driver’s license (or the day when a new driver’s license was issued after their driver’s license had been suspended before 2 years lapse from the day their first driver’s license was issued). In this case, those who had initially obtained a motorcycle driver’s license only but later obtained a driver’s license other than the motorcycle driver’s license shall be treated to have obtained their first driver’s license under Article 2-27 of the Road Traffic Act)
5. A person within one year from the date he or she receives demerit points under Article 93(2) of the Road Traffic Act for causing an accident leading to an injury or death of a child while driving a motor vehicle in a protection zone for children
Postponement of education- When a person falling under subparagraphs 2 through 5 above is unable to take the special mandatory traffic safety education due to a cause falling under any of the following, the education may be postponed when he/she submits the Application for Postponement of Special Mandatory Traffic Safety Education (Attached Form No. 27 of the Enforcement Decree of the Road Traffic Act) and document(s) evidencing the cause (Article 73(2) latter half of the Road Traffic Act, Article 38(5) first half of its Enforcement Decree, and Article 46(6) of its Enforcement Rules)
· When the person is unable to move around due to illness or injury;
· When the person is arrested or physically restrained by legal order; or
· When the person is determined as having undeniably justified cause
- When the special mandatory traffic safety education is postponed, the police chief issues a certificate of postponement of special mandatory traffic safety education (Attached Form No. 28 of the Enforcement Rules of the Road Traffic Act) (Article 46 (7) of the Enforcement Rules of the Road Traffic Act).
- Anyone whose special mandatory traffic safety education is postponed shall take the education within 30 days from the day the cause lapses. (Article 38 (5) of the Enforcement Rules of the Road Traffic Act).
Penalty for failure to receive education- The driver’s license shall not be issued to those whose driver’s license has been revoked pursuant to Article 93 of the Road Traffic Act and has failed to take the special mandatory traffic safety education after their driver’s license is revoked even when their disqualification period is over (Article 82 (3) of the Road Traffic Act).
- The following fine shall be imposed when one fails to take the special mandatory traffic safety education under Article 73 (2)-2, 3, 4, Article 156-1, and Article 162 (1), and Article 93 (1) and subparagraph 67 of the Attached Table 8 of its Enforcement Decree).
· Those whose driver’s license is suspended by committing drunk driving (DUI) again among those who have been caught driving under the influence of alcohol in the past 5 years or those who have failed to take the special mandatory traffic safety education before the suspended period lapses: KRW 60,000
· Other cases: KRW 40,000