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[Mobility Legal Updates] Implementation  of  the  Autonomous  Vehicle  Performance  Certification System
2025.01.31
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The year has changed, and with the new year, updates to certification standards and regulations in the mobility industry—recognized as a key driver of future growth—continue to emerge. In this newsletter, we have compiled noteworthy recent developments in the mobility sector for your review.

Implementation  of  the  Autonomous  Vehicle  Performance  Certification System
The revised Act on the Promotion of and Support for Commercialization of Autonomous Vehicles (“Autonomous Vehicle Act”), amended on March 19, 2024, will take effect on March 20, 2025. With this revision, the Ministry of Land, Infrastructure, and Transport (“MOLIT”) will  be  able  to  issue  performance  certifications  for  autonomous  vehicles,  which  were previously  unable  to  receive  such  certifications  due  to  the  lack  of  safety  certification standards.

After obtaining the performance certification from MOLIT, autonomous vehicle operation will be permitted only after receiving approval for compliance with the purpose and scope of operation from MOLIT. The entities allowed to operate autonomous vehicles will be limited to public agencies, passenger transport service providers, and trucking transport service providers.

According  to  the  Korea  Transportation  Safety  Authority,  which  handles  performance certification tasks on behalf of MOLIT, this revision is expected to generate an economic impact exceeding 50 billion KRW by enabling autonomous vehicle manufacturers to freely sell their products and promoting the commercialization of autonomous driving services.

Regulatory Exemptions Granted by the 4th Mobility Innovation Committee
Ministry of Land, Infrastructure, and Transport "Breaking Down Regulatory Barriers from Articulated Buses to Autonomous Driving"
The Mobility Innovation Committee, established under the Act on the Support for the Innovation and Revitalization of Mobility (“Mobility Innovation Act”), granted regulatory exemptions for a total of eight (8) cases on December 25, 2024. Key details are as follows

- Introduction of 3-Section Articulated Buses and Pilot Route Demonstration Projects
A regulatory exemption has been granted under the Motor Vehicle Management Act regarding vehicle length limitations for 3-section articulated buses operating on public roads

- Mobility Support Services for Individuals with Mobility Challenges
A regulatory exemption has been introduced under the Passenger Transport Service Act, enabling the paid transportation of individuals with mobility challenges, such as taking them to hospitals using specially modified vehicles.

- Vehicle-Sharing Brokerage Platform Services
An exemption has been granted under the Passenger Transport Service Act for platforms that facilitate the rental of privately owned vehicles among apartment residents and privately owned campervans for shared use.

- Development of Original Video Utilization Plans to Advance Autonomous Driving Technology
A regulatory exemption has been granted under the Personal Information Protection Act, allowing original video data captured during vehicle operation to be utilized for AI learning purposes.

- Demand-Responsive Marine Taxis
A regulatory exemption has been approved under the Excursion Ship and Ferry Business Act, allowing the operation of marine taxis that adapt in real time to passenger demands in underserved coastal areas.

As  a  result  of  the  aforementioned  regulatory  exemptions  by  MOLIT,  various  mobility business models that were previously unfeasible are now viable, albeit on a limited basis, with demonstration projects planned to take place concurrently.

Mandatory Installation of Event Data Recorders (EDRs)
Applicable to Passenger Cars and Vehicles Under 3.85 Tons

With the enactment of the amended Motor Vehicle Management Act on February 13, 2024, provisions related to event data recorders (“EDRs”) will come into effect on February 14, 2025. As a result, passenger cars and vans/trucks weighing 3.85 tons or less will be required to have EDRs installed. Manufacturers and sellers of vehicles must notify buyers in advance if the vehicle being sold is equipped with an EDR.

The  standards  for  mandatory  EDR  installation  are  specified  in  the  Regulation  for Performance and Standards of Motor Vehicles and Vehicles Parts [Annex 5-25], issued by MOLIT. Furthermore, enhanced installation standards for performance recording devices will be implemented starting May 30, 2025.

Amid ongoing incidents involving claims of sudden unintended acceleration, the mandatory installation of EDRs is expected to help prevent disputes between vehicle owners and manufacturers while enhancing consumer protection.

Mandatory Disclosure of Battery Information
Safety Management Measures for Electric Vehicle (EV) Fires

s part  of  safety  management  measures  to address  electric  vehicle  fire  incidents, the Enforcement Rules of the Motor Vehicle Management Act have been amended, mandating the disclosure of battery information when selling electric vehicles, effective February 21, 2025. 

The  information  that  must  now  be  disclosed  includes  battery  capacity,  rated  voltage, maximum output, battery cell manufacturer, battery cell type, and key raw materials.

With  the  so-called  EV  chasm  and  the  mandatory  disclosure  of  information  previously withheld, such as battery manufacturers, interest in battery safety is expected to increase among both vehicle manufacturers and consumers. For more details on the legislative amendments related to mandatory battery information disclosure, please refer to prior newsletters issued by our team. 
 
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LIN has extensive experience in providing advisory and litigation services within the mobility industry, particularly in areas such as administrative regulations and patents and trade secret disputes related to motor vehicles. Our Mobility Team features attorneys and experts with a distinctive interest and passion for motor vehicles.

Should you wish to learn more about this newsletter or have any other inquiries, please do not hesitate to contact our firm’s Mobility Team: 

Tae Joon Bae (tjbae@law-lin.com, 010-8237-8123)
Min Gu Kang (mgkang@law-lin.com, 010-3907-9217)
Ho Yeon Kim (hykim@law-lin.com, 02-3477-6300)
Han Joon Jung (hjjung@law-lin.com, 02-3477-8695)
Jeong Pil Oh (jpoh@law-lin.com, 02-3477-8695)
Yeonsoo (Sara) Lim (yslim@law-lin.com, 02-3477-6300).
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