You thought the light was red, picked up your phone, and the car was still rolling. That is “using a mobile phone while driving.” Article 49(1)10 of Korea’s Road Traffic Act bans it, and items 11 and 11-2 separately ban showing video and operating a screen. We read the articles, Annex 8 (penalty charges) and Annex 6 (fines) of the Enforcement Decree, and Annex 28 (penalty points) of the Enforcement Rule as written.
1. Caught by police, a car driver pays 60,000 won and gets 15 points. Vans pay 70,000 won, motorcycles 40,000 won and bicycles 30,000 won.
2. Proved on video, it can come as a fine. If no penalty-charge notice can be given to the driver, the vehicle’s employer or keeper is fined 70,000 won for a car, 80,000 won for a van and 50,000 won for a motorcycle.
3. There are only four exceptions. The vehicle is stopped, you drive an emergency vehicle, there is an urgent need such as reporting a crime or disaster, or you use a device that works without holding the phone (hands-free).
What is banned — three items of article 49(1)
| Item | Banned | Exceptions |
|---|---|---|
| Item 10 | Using a mobile phone (including car phones) while driving | Stopped · emergency vehicle · urgent report · hands-free device |
| Item 11 | Letting video show where the driver can see it (including handheld devices) | Stopped · navigation, traffic, emergency and front/rear camera images on a mounted device |
| Item 11-2 | Operating a video display while driving | Stopped · tram drivers operating for service |
Decree article 29 defines the device in item 10(d) as one that “allows a mobile phone to be used without holding it by hand.” Bluetooth calls or answering by voice with the phone in a mount read as falling within it. Once it is in your hand, the exception no longer applies.
Navigation counts as “route guidance images” under item 11(b), so it can stay on. Touching the screen while driving, though, is separately banned by item 11-2. Enter the destination before setting off or while stopped.
Penalty charges and points — when police stop you
| Vehicle | Penalty charge | Points |
|---|---|---|
| Vans and similar | 70,000 won | 15 |
| Cars and similar | 60,000 won | 15 |
| Motorcycles and similar | 40,000 won | 15 |
| Bicycles, handcarts and similar | 30,000 won | — |
The charges are Decree Annex 8 items 15 (mobile phone), 15-2 (showing video) and 15-3 (operating a display), grouped in one cell with running a signal and crossing the centre line. The points are Rule Annex 28 items 17, 17-2 and 17-3, in the same 15-point cell as signal violations. Bicycles are not subject to licence points, so we left a dash.
Proved on video — fines (Decree Annex 6 item 8-2)
Article 160(3) lets a fine of up to 200,000 won be imposed on the vehicle’s employer or keeper (art. 56(1)) where a breach of article 49(1)10, 11 or 11-2 is proved by photo or video and no penalty-charge notice can be given to the driver. Paragraph 4 bars the fine where the driver received a penalty-charge notice for the breach, or where the driver is identified through an opinion or objection.
| Vehicle | Fine (employer or keeper) | Penalty charge (driver) |
|---|---|---|
| Vans and similar | 80,000 won | 70,000 won |
| Cars and similar | 70,000 won | 60,000 won |
| Motorcycles and similar | 50,000 won | 40,000 won |
The fine is 10,000 won more than the penalty charge, and it is a separate route from the points given to drivers under Annex 28.
Checklist
- ☐ Enter the destination before driving — operating the screen breaches item 11-2
- ☐ Take calls hands-free — holding the phone is not an exception
- ☐ At a red light, make sure the car is fully stopped — the exception is “while stopped”
- ☐ Keep video out of the driver’s view — only navigation and cameras are exempt
Questions that remain
Is reading a text at a red light a breach?
Item 10(a) exempts “where the vehicle is stopped.” The article turns on whether the car is stopped or moving; the call on the spot rests with the officer.
Does this apply to cyclists?
Article 49(1) applies to drivers of “all vehicles,” and Annex 8 sets 30,000 won for bicycles and similar.
After phones, the most common notice is for speeding — a car pays penalty charges of 30,000 to 120,000 won by band, and camera fines are 10,000 won more (speeding fines).
Sources
- Road Traffic Act [in force 1 Jul 2026] [Act No. 21246] — original text (checked 30 September 2026). Source for article 49(1)10, 11 and 11-2 (bans and exceptions) and article 160(3) and (4) (fines on employers or keepers and exclusions).
- Enforcement Decree of the Road Traffic Act [in force 1 Aug 2026] [Presidential Decree No. 36114] — original text. Source for article 29 (hands-free devices), Annex 8, penalty charges items 15 to 15-3 and Annex 6, fines item 8-2.
- Enforcement Rule of the Road Traffic Act [in force 24 Aug 2026] [Ministry of the Interior and Safety Ordinance No. 636] — Annex 28, licence revocation and suspension standards (amended 2 December 2025), items 17 to 17-3 (15 points).
Where to check further
- Your points and fines — the National Police Agency’s traffic portal (eFINE).
- Drink-driving limits — refusing a breath test.
Written on 30 September 2026. Articles and annexes are from the National Law Information Center; the tables are ours. Seatbelt amounts are in seatbelt fines.
