(1) Each person who intends to become an instructor of any specialized driving school shall pass a qualifying examination for instructors prescribed by Decree of the Ministry of the Interior and Safety, and shall complete the training and education aimed at training and educating prospective drivers in motor vehicles in any specialized institution designated by the Commissioner General of the Korean National Police Agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The Commissioner General of the Korean National Police Agency shall issue the certificates of qualifications to persons who have the qualifications referred to in paragraph (1), as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) No person shall lend or borrow a certificate of qualification as an instructor issued pursuant to paragraph (2) for the purpose of using it improperly, nor arrange such lending. <Added on Mar. 19, 2024>
(4) Any of the following persons shall be disqualified from being an instructor at a specialized driving school: <Amended on Feb. 13, 2024; Mar. 19, 2024>
1. A person who falls under Article 76 (3) 2;
2. A person for whom three years have yet to elapse from the date his or her instructor's certificate of qualification was revoked in accordance with paragraph (5);
3. A person who fails to obtain a driver's license to drive any motor vehicle, etc. used for education to acquire skills necessary to drive motor vehicles, etc. and abilities to drive on the road provided in Article 83 (1) 4 and (2) (hereinafter referred to as "skill training");
4. A person for whom two years have not elapsed from the date he or she obtained a driver's license for driving a motor vehicle used in skill training.
(5) When a person who obtains an instructor's certificate of qualification pursuant to paragraph (2) falls under any of the following cases, the commissioner of a City/Do police agency may revoke such instructor's certificate of qualification according to the standards prescribed by Decree of the Ministry of the Interior and Safety or suspend the effect of such instructor's certificate of qualification by fixing a period of up to one year; provided, where he or she falls under any of subparagraphs 1 through 5, such instructor's certificate of qualification shall be revoked and subparagraphs 5 and 6 shall not apply to any instructor assigned to educate prospective drivers in the knowledge, etc. necessary to drive motor vehicles, etc. pursuant to Article 83 (1) 2 and 3: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020; Feb. 13, 2024; Mar. 19, 2024>
1. Where he or she is issued instructor's certificate of qualification by fraud or other improper means;
2. Where he or she is sentenced to imprisonment without labor or heavier punishment (including suspension of execution) for committing any of the following crimes:(a) A crime under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents;(b) A crime under Articles 5-3, 5-11 (1), and 5-13 of the Act on the Aggravated Punishment of Specific Crimes;(c) A sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;(d) A sex offense against children or youth defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenders;
3. Where he or she offers education during a period in which his or her qualifications as an instructor are suspended;
4. Where he or she lends his or her instructor's certificate of qualifications to any other person;
5. Where his or her driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles is revoked;
6. Where his or her driver's license necessary for driving a motor vehicle used to educate prospective drivers in skills to drive motor vehicles is suspended;
7. Where he or she performs any illegal act in connection with the performance of his or her work as an instructor;
8. Where he or she teaches prospective drivers how to drive motor vehicles in return for any payment, in violation of Article 116;
9. Where he or she violates this Act, or any order issued or disposition taken under this Act.
(6) No superintendent of any specialized driving school shall require a person who is not an instructor to provide education for knowledge or skills necessary to drive motor vehicles. <Amended on Mar. 19, 2024>[This Article Wholly Amended on Jun. 8, 2011]