(1) Reasons for Proposal

The Motor Vehicle Management Act was amended (Act no. 14950; promulgated on October 24, 2017; to be enacted on April 25, 2018) to prescribe grounds on which to revoke the designation as an authentication agency for motor vehicle replacement parts and order its business suspension. Accordingly, this Amendment prescribes matters delegated by the Act, including detailed standards and procedures for measures concerning the cancellation of designation and business suspension.

(2) Major Provisions

A. Prescribe procedures for taking administrative dispositions against replacement part authentication agencies (Article 1, Article 3, Article 4, Article 6)

Prescribe provisions concerning the securing of evidence for taking administrative dispositions, hearings, and mitigation of administrative dispositions

B. Prescribe standards for taking administrative dispositions against replacement part authentication agencies (attached Table)

Revoke the designation of any replacement part authentication agency that has used fraudulent or unlawful means to be designated as an authentication agency or to authenticate replacement parts. Order 30 days of business suspension of any agency that performs its duties in an illegal manner, such as by authenticating parts that fail to meet the standards for authentication of efficiency/quality, and allow cancellation of the designation of any agency that repeats the same offense

(3) Amendment Details

The Rules on Administrative Disposition Standards and Procedures in Accordance with the Provisions of Article 21 (2), etc. of the Motor Vehicle Management Act shall be partially amended as follows.

In Article 1, “Article 21 (2), Article 45-3 (3), Article 47 (6), and Article 66 (3) of the Motor Vehicle Management Act” shall read “Article 21 (2), Article 30-6 (2), Article 45-3 (3), Article 47 (6), and Article 66 (3) of the Motor Vehicle Management Act,” and “motor vehicle test agents” shall read “replacement parts authentication agencies, motor vehicle test agents.”

In Article 3 (1), “designation of registration license plate issuance agents” shall read “cancellation of designation of registration license plate issuance agents, designation of replacement parts authentication agencies under Article 30-6 (1) of the Act,” and “business suspension of a motor vehicle test agent or designated maintenance business operator in accordance with Article 45-3 (1) of the Act” shall read “business suspension of a replacement parts authentication agency under Article 30-6 (1) of the Act, business suspension of a motor vehicle test agent or designated maintenance business operator in accordance with Article 45-3 (1) of the Act.”

In the main sentence of Article 4, “motor vehicle test agent” shall read “replacement parts authentication agency, motor vehicle test agent.”

In Article 6 (1) 1 and 2, “registration, testing, and maintenance” shall read “registration, testing, and maintenance or replacement parts authentication.”

Subparagraphs 2 through 5 of the attached Table shall respectively read subparagraphs 3 through 6, and subparagraph 2 shall be newly inserted into the same Table as follows.

2. Replacement parts authentication agencies

A. Where a replacement parts authentication agency was designated by fraudulent or other unlawful means
Article 30-6 (1) 1 of the Act

Cancellation of designation

B. Where replacement parts have been authenticated for efficiency/quality by fraudulent or other unlawful means

Article 30-6 (1) 2 of the Act

Cancellation of designation

C. Where a replacement parts authentication agency no longer meets the designation requirements under Article 30-5 (3)

Article 30-6 (1) 3 of the Act

First: Business suspension for 30 days

Second: Cancellation of designation

D. Where replacement parts have been authenticated in a manner that fails to comply with the standards for authentication of efficiency/quality prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport in accordance with Article 30-5 (5)

Article 30-6 (1) 4 of the Act

First: Business suspension for 30 days

Second: Cancellation of designation

E. Where a person fails to file a report pursuant to Article 72 (1) or files a false report

Article 30-6 (1) 5 of the Act

First: Business suspension for 30 days

Second: Cancellation of designation

F. Where a person refuses, impedes, or evades an inspection pursuant to Article 72 (2), fails to answer the questions, or gives false answers

Article 30-6 (1) 6

First: Business suspension for 30 days

Second: Cancellation of designation

Addenda

Article 1 (Enforcement Date) These Rules shall enter into force on April 25, 2018.