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Road Traffic Act — Article 138 (Keeping of drivers' licenses in custody)

도로교통법 제138조

This English translation is based on the Korean text effective 2025-07-22. The Korean law has since been amended (current version effective 2026-07-01) — check the Korean original.

(1) Where any driver of a motor vehicle, etc. falls under any of the following cases, police officials may deliver a notice for the payment of penalties or a written summons provided for in Article 164 to the driver of any motor vehicle, etc. on the spot and request the driver to surrender his or her driver's license in order to keep it in custody. In such cases, the fact that a driver's license, etc. is kept in custody shall be entered in the notice for the payment of a penalty or the written summons: <Amended on Oct. 19, 2021>

1. Where a driver causes any traffic accident;

2. Where a driver is deemed subject to disposition of the revocation or suspension of his or her driver's license pursuant to Article 93;

3. Where a holder of an international driver's license issued in any foreign country under Article 96 or of a mutually recognized foreign driver's license commits an offense provided in Article 162 (1).

(2) Each notice for the payment of a penalty or the written summons referred to in paragraph (1) shall have the same effect as that of a driver's license, etc. (excluding any learner's license) until the date the penalty is paid or the date appearance is made pursuant to the summons.

(3) Where any autonomous police official keeps any driver's license, etc. in custody pursuant to paragraph (1), he or she shall notify thereof without delay, accompanied by the driver's license, etc. to the chief of the competent police station.[This Article Wholly Amended on Jun. 8, 2011]

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