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Laws › Road Traffic Act › CHAPTER III WAYS FOR MOTOR VEHICLES AND HORSES TO PASS THROUGH ROADWAYS

Road Traffic Act — Article 35 (Measures against violation of motor vehicle parking)

도로교통법 제35조

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) When a motor vehicle parked in violation of Article 32, 33, or 34 is likely to cause danger to traffic or impede the flow of traffic, any of the following persons may order the driver of the relevant motor vehicle or the person in charge of management to change the way in which such motor vehicle is parked or to relocate the parked motor vehicle to another place:

1. A police official;

2. A public official (hereinafter referred to as "public official of a Si/Gun") appointed by a Mayor, etc. (including a Do Governor; hereafter in this Article, the same shall apply), as prescribed by Presidential Decree.

(2) In cases falling under paragraph (1), when the driver of a motor vehicle or the person in charge of management is absent from the location, the chief of a police station or a Mayor, etc. may change the way in which the motor vehicle is parked in person or take measures necessary to change the way in which the motor vehicle is parked in order to prevent danger on the road and ensure safe and smooth flow of traffic within the necessary limit or relocate the motor vehicle to the competent police station, or a place designated by the chief of the competent police station or the competent Mayor, etc. where there is any unavoidable cause.

(3) Where a motor vehicle parked in violation of the manner of parking referred to in paragraph (2) is relocated to the competent police station, or a place designated by the chief of the competent police station or the competent Mayor, etc., the relevant chief of police station or the relevant Mayor, etc. shall keep the motor vehicle in custody with the duty of due care of a good manager's and notify without delay the user (referring to the owner or the person entrusted by the owner to manage the motor vehicle; hereinafter the same shall apply) or driver of the motor vehicle of such fact and take measures necessary to return the motor vehicle.

(4) In cases falling under paragraph (3), when it is impossible to identify the name and domicile of the user or driver of a motor vehicle, the relocation shall be publicly announced in a manner prescribed by Presidential Decree.

(5) Notwithstanding measures and public announcement necessary to return a motor vehicle pursuant to paragraphs (3) and (4), when the user or driver of the motor vehicle fails to request the return of the motor vehicle within one month from the date such measures or public announcement is made, the chief of the police station or the Mayor, etc. may sell or scrap the relevant motor vehicle, as prescribed by Presidential Decree.

(6) Expenses incurred by the relocation, custody, public announcement, sale or scrapping, etc. of a motor vehicle that violates the manner of parking under paragraphs (2) through (5) shall be borne by the user of the motor vehicle. In such cases, Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply to the collection of such expenses.

(7) Where a motor vehicle is sold or scrapped pursuant to paragraph (5), any balance that remains after appropriating expenses incurred in relocating, keeping, publicly announcing, selling, or scraping the motor vehicle shall be paid to the user of the motor vehicle; provided, where it is impossible to pay the balance to the user of the motor vehicle, the balance shall be deposited pursuant to the Deposit Act.[This Article Wholly Amended on Jun. 8, 2011]

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