Traffic Fines in Korea: Penalty Notices vs. Administrative Fines

Two notices with different names

Drivers in South Korea who are caught running a light or speeding receive one of two kinds of notice: a beomchikgeum, usually translated as a traffic penalty, or a gwataeryo, an administrative fine. The violation can be identical; the difference lies in who confirmed it and how. When a police officer stops you and identifies you as the driver, you generally get a penalty notice. When an unmanned camera records the car and nobody knows who was behind the wheel, the registered owner gets an administrative fine. Because the two differ in nature and consequences, the first step is always to check which one you have. This guide describes the Korean system; amounts and deadlines depend on the violation and can change, so check official sources.

Penalty notices follow the driver

A penalty notice lets you settle a relatively minor traffic offense by paying, instead of going through criminal proceedings. Pay it on time and you will not be punished again for that violation. Since it is aimed at the driver personally, some violations also add points to your license. Accumulated points can lead to suspension or revocation, so for many drivers the points matter more than the money. Even if you were driving a borrowed or company car, the notice goes to the driver identified at the scene.

Administrative fines follow the owner

An administrative fine is a regulatory sanction imposed on the owner or user of the vehicle when the driver cannot be identified. It is not a criminal penalty, and because the driver is unknown, no license points are added. In exchange, the amount for the same violation is usually set slightly higher than the penalty. After a camera catches a car, the owner first receives an advance notice that describes the violation and invites a response, and paying within the stated period at this stage often earns a reduction. Check the notice and official guidance for whether a reduction applies and how large it is.

The differences at a glance

Four points keep the two apart. Rather than judging by the title of the notice alone, look at who it is addressed to and whether points are mentioned.

• Target: the identified driver for a penalty; the owner or user for a fine
• Points: may apply to a penalty depending on the violation; never to a fine
• Nature: a penalty replaces criminal proceedings; a fine is an administrative sanction
• If unpaid: a penalty goes to summary trial; a fine moves to surcharges and collection such as seizure

What changes if you name the driver

If you receive an advance notice of a camera fine and identify who was actually driving, the case can be converted so that the driver receives a penalty and points instead of the owner paying a fine. If a family member or employee was driving, this is how responsibility moves to the right person. If you were the driver yourself and say so, the amount may go down but points will be added. When you already have points on your license, weigh which option is better. Never name someone else as the driver when it is not true; that in itself can become a legal problem.

What happens if you don't pay

If a penalty is not paid by the deadline, a second deadline follows with an added amount, and if it still goes unpaid the police ask a court for a summary trial. Ignoring the summary trial as well can lead to consequences for your license. An administrative fine picks up a surcharge once overdue, which can keep growing over time, and long-unpaid fines can lead to the seizure of property such as the car or bank deposits, or the removal of license plates. Either way, delay is the most expensive choice. If money is tight, ask the issuing agency whether installment payments or a deferral are available for a fine.

How to dispute a notice

If you believe the record is wrong, there is a way to challenge it before paying. Payment is often treated as accepting the violation, so the order matters. An administrative fine can be contested with the issuing agency within the stated period, and if the objection is not accepted the matter moves to a court. A penalty can be contested by not paying it and explaining your circumstances at the summary trial.

• First check that the date, time, place and plate number on the notice are right
• Ask the issuing agency whether you can view the photo or video
• Gather evidence such as a theft report, cloned plates or an emergency
• Record the date you received the notice so you don't miss the objection period

Steps when a notice arrives

When a notice arrives, first check whether it is a penalty or a fine, who it is addressed to, and whether points are listed. If the facts are right, paying within the reduction period costs the least. If someone else was driving, consider the driver identification process; if the facts are wrong, file an objection before paying. In specially protected areas such as school zones the same violation is treated more severely, so take extra care there. This article is not legal advice. For your specific situation, consult a lawyer, a public legal aid body such as the Korea Legal Aid Corporation, or the agency that issued the notice.