CONTENTS
- 1. Traffic Accident / Drunk Driving Administrative Disposition | Concept
- - Legal Basis and Purpose of the Disposition
- 2. Traffic Accident / Drunk Driving Administrative Disposition | Types
- - License Suspension Disposition
- - License Revocation Disposition
- 3. Traffic Accident / Drunk Driving Administrative Disposition | Objection
- - Criteria for Mitigation
- - Restrictions on Mitigation
- 4. Traffic Accident/Drunk Driving Administrative Disposition | Application for Remedy
- - Remedy Through an Administrative Appeal
- - Remedy Through an Administrative Litigation
- 5. Traffic Accident/Drunk Driving Administrative Disposition | Support for a Systematic Response
1. Traffic Accident / Drunk Driving Administrative Disposition | Concept
This refers to the administrative sanction imposed by the State or a local government on a driver's violation of traffic laws under the Road Traffic Act and other relevant statutes.
A traffic accident administrative disposition refers to the imposition of an administrative sanction, such as suspension or revocation of the license, when a driver violates a legal duty that must be observed at the time of an accident or is grossly negligent.
A drunk driving administrative disposition refers to the imposition of an administrative disposition, such as suspension or revocation of the license depending on the blood alcohol concentration, when a person is caught driving while intoxicated.
Such an administrative disposition is carried out separately from criminal punishment, and its purpose is to strengthen drivers' awareness of safe driving and to prevent traffic accidents.
Legal Basis and Purpose of the Disposition
Administrative dispositions for traffic accidents and drunk driving are generally based on the 『Road Traffic Act』.
The Road Traffic Act sets out the obligations of drivers and the sanctions for violations in order to create a safe traffic environment and to prevent traffic accidents.
An administrative disposition is a prompt and efficient sanction against violations of traffic laws, and it aims to prevent repeat offenses and to secure public safety.
In addition, an administrative disposition may restrict or revoke a driver's license for a certain period, which can reduce the risk of traffic accidents and contribute to the protection of the lives and property of the public.
2. Traffic Accident / Drunk Driving Administrative Disposition | Types
A traffic accident / drunk driving administrative disposition is imposed in various forms depending on the degree of the driver's violation and the circumstances of the accident.
The main types of administrative disposition are as follows.
License Suspension Disposition
A driver's license suspension disposition is decided and enforced from the point at which the penalty points or disposition points from a single legal violation or traffic accident reach 40 points or more.
However, where the cause of the traffic accident is force majeure or the clear fault of the victim, no administrative disposition is imposed.
License Revocation Disposition
A person whose driver's license has been revoked becomes unlicensed and cannot drive a motor vehicle, and if that person drives, he or she is punished for driving without a license.
If the license has been revoked, the person can reacquire the driver's license only after the disqualification period for the driver's license has passed and after completing the mandatory special traffic safety education.
3. Traffic Accident / Drunk Driving Administrative Disposition | Objection
When a person receives a disposition such as revocation or suspension of the driver's license, and contests it, that person may, within 60 days from the date of receiving notice of the disposition, file an objection with the competent Commissioner of the City or Provincial Police Agency.
An objection is a procedure through which the disposition can be reviewed once more, and it is an important legal means of response when there is thought to be a problem with the legality or appropriateness of the disposition.
Once the application is received, the Committee for the Review of Objections to Driver's License Administrative Dispositions conducts an objective and fair review.
Criteria for Mitigation
Where specific grounds are recognized, an administrative disposition may be mitigated.
In the following cases, mitigating circumstances may be taken into account and the disposition may be reduced.
• Where the person has served as a model driver in traffic volunteer activities for three years or more
• Where the person has received a commendation from a chief of a police station or higher
Restrictions on Mitigation
To obtain mitigation of an administrative disposition through an objection, none of the following cases may apply.
▶ Where the administrative disposition results from drunk driving
• A traffic accident causing personal injury while driving under the influence
• Refusal of a breathalyzer test or flight during enforcement
• Assault of the enforcing police officer
• A record of three or more traffic accidents causing personal injury within the past five years
• A record of drunk driving within the past five years
4. Traffic Accident/Drunk Driving Administrative Disposition | Application for Remedy
A person who has filed an objection may, regardless of whether an objection was filed, request an administrative appeal under the 「Administrative Appeals Act」 as another means of administrative remedy.
In addition, if the person does not accept the ruling on the administrative appeal, the person may file an administrative litigation under the 「Administrative Litigation Act」 to contest the lawfulness of the disposition.
Remedy Through an Administrative Appeal
An administrative appeal is a procedure in which an administrative agency reviews and decides an administrative legal dispute. It is a system established to provide a prompt and simple remedy when a person's rights or interests are infringed by an unlawful or unjust disposition, or by an omission, of an administrative agency.
A traffic accident/drunk driving administrative disposition may also be remedied through an administrative appeal.
▶ Period for Filing
Within 90 days from the date on which the person became aware of the disposition, or within 180 days from the date on which the disposition was made
※ With respect to a driver's license disposition under the Road Traffic Act, an administrative litigation may not be filed without first obtaining a ruling on an administrative appeal.
Remedy Through an Administrative Litigation
An administrative litigation is a judicial procedure in which a court adjudicates and provides a remedy where a person's rights or interests are infringed by an unlawful disposition or exercise of public authority by an administrative agency.
For a suspension or revocation of a driver's license under the 「Road Traffic Act」, an administrative litigation may be filed only after an administrative appeal has first been pursued.
▶ Period for Filing
A revocation lawsuit must be filed within 90 days from the date on which the person became aware of the disposition, and no lawsuit may be filed after one year has passed from the date of the disposition.
If an administrative appeal has been pursued, the lawsuit must be filed within 90 days from the date on which the certified copy of the written ruling is served.
However, where there are justifiable grounds, a lawsuit may be filed even after this period has passed.
5. Traffic Accident/Drunk Driving Administrative Disposition | Support for a Systematic Response
The legal procedures for traffic accident and drunk driving administrative dispositions are complex, and strict deadlines and requirements must be observed at each stage, so it is often difficult to respond alone.
In particular, effectively pursuing the various remedy procedures, such as an objection to an administrative disposition, an administrative appeal, and an administrative litigation, can require specialized legal knowledge and experience.
An incorrect response may result in the disposition becoming final or may lead to a disadvantage, so an accurate and prompt response from the outset is highly important.
At our firm, attorneys focusing on traffic accidents and attorneys focusing on administrative matters work together to conduct a thorough review of traffic accident/drunk driving administrative dispositions and to present a tailored response strategy that may minimize the suspension or revocation of a license.
We also focus on establishing a solid legal basis throughout the administrative appeal and administrative litigation procedures in order to protect clients' rights effectively and to work toward a substantive remedy.
If you are facing a traffic accident/drunk driving administrative disposition, 🔗Traffic Accident Attorney Legal Consultation Booking may be used to request assistance.
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