A seatbelt is not only the driver’s own business. Article 50(1) of Korea’s Road Traffic Act makes drivers wear one and also make passengers in every seat wear one. The back seat is no exception, and neither is a short trip. So the amounts split in two: the driver’s own belt is a penalty charge, and letting a passenger go unbelted is a fine. We read the Act, Annexes 8 and 6 of its Decree and article 31 of its Rule as written.
1. A driver without a belt pays a 30,000 won penalty charge. It is 30,000 won for cars and vans alike (Decree Annex 8 item 56).
2. An unbelted passenger means a fine for the driver. It is 60,000 won if the passenger is under 13 and 30,000 won if 13 or older. Infants must be belted in after an infant restraint (car seat) is fitted.
3. The Rule sets the exceptions. There are eight, including where injury, illness, disability or pregnancy makes wearing one unsuitable, reversing, emergency vehicles on duty, and jobs such as mail delivery or waste collection that mean getting in and out often.
Who must do what — article 50(1)
Road Traffic Act article 50(1) The driver of a motor vehicle (excluding motorcycles) shall wear a seatbelt when driving and shall also make passengers in all seats wear a seatbelt (for infants, a seatbelt after an infant restraint has been fitted).
The duty lies with the driver. When a passenger is unbelted, the fine goes to the driver, not the passenger (art. 160(2)2).
Amounts — penalty charges and fines
| Breach | Amount | Basis |
|---|---|---|
| Driver not belted | Penalty charge 30,000 won (cars, vans) | Decree Annex 8 item 56 |
| Passenger not belted — under 13 | Fine 60,000 won | Decree Annex 6 item 9(a) |
| Passenger not belted — 13 or older | Fine 30,000 won | Decree Annex 6 item 9(b) |
In Annex 8, item 56 shares a cell with items 44 to 58: 30,000 won for vans and cars, 20,000 won for motorcycles and 10,000 won for bicycles and similar. The statutory ceiling for the fine is 200,000 won under article 160(2). If both the driver and a 10-year-old in the back were unbelted, that would come to 30,000 + 60,000 = 90,000 won (our arithmetic).
Motorcycles — helmets instead of belts
Article 50(1) excludes motorcycles. Instead, paragraph 3 requires riders of motorcycles and mopeds (excluding personal mobility devices) to wear protective gear (a helmet) and to make passengers wear it too.
| Motorcycle breach | Amount | Basis |
|---|---|---|
| Rider without a helmet | Penalty charge 20,000 won | Annex 8 item 57 |
| Passenger not made to wear one | Fine 20,000 won | Annex 6 item 10 |
Personal mobility devices such as e-scooters fall under article 50(4) (bicycles and similar) — see e-scooter rules.
When you need not wear one — Rule article 31
- Where injury, illness, disability, pregnancy or similar makes wearing one unsuitable for the driver or passenger
- When driving to reverse the vehicle
- Where height, obesity or another physical condition makes wearing one unsuitable
- When an emergency vehicle is used for its proper purpose
- When driving or riding in a vehicle escorted or guided by a police vehicle for protection
- When driving or riding in a vehicle used for referendum or election campaigning or management
- When driving or riding for work that means getting in and out often, such as mail delivery or waste collection
- When a passenger-transport driver cannot make a passenger wear one because of drunkenness or drugs, or the passenger does not wear one despite being told to
Item 8 matters for taxi and bus drivers: once they have told passengers, they are not responsible for a passenger who stays unbelted. Private drivers have no such item.
Checklist
- ☐ Check the back seat before setting off — an unbelted passenger means a fine for the driver
- ☐ Children under 13 — the 60,000 won line; infants need a car seat first
- ☐ Hard to wear because of pregnancy or injury? — Rule article 31 item 1
- ☐ Motorcycles — helmets for rider and passenger
Questions that remain
If I don’t buckle up in the back of a taxi, who is fined?
The duty is the driver’s, but Rule article 31 item 8 exempts passenger-transport drivers who told the passenger to buckle up. In that case the driver falls outside the fine.
At what point is the age of 13 measured?
Annex 6 item 9 says only “where the passenger is under 13.” It reads as the age at the time of the breach.
Sources
- Road Traffic Act [in force 1 Jul 2026] [Act No. 21246] — original text (checked 30 September 2026). Source for article 50(1), (3) and (4) (seatbelts and helmets) and article 160(2)2 and 3 (fines up to 200,000 won).
- Enforcement Decree of the Road Traffic Act [in force 1 Aug 2026] [Presidential Decree No. 36114] — Annex 8, penalty charges items 56 and 57 and Annex 6, fines items 9 and 10.
- Enforcement Rule of the Road Traffic Act [in force 24 Aug 2026] [Ministry of the Interior and Safety Ordinance No. 636] — original text. Source for article 31 (the eight exceptions).
- Our own working. The “30,000 + 60,000 = 90,000 won” example is our arithmetic.
Where to check further
- Checking and paying fines — the National Police Agency’s traffic portal (eFINE).
- Amounts near schools — school-zone fines.
Written on 30 September 2026. Articles and annexes are from the National Law Information Center; the tables and arithmetic are ours. Phone amounts are in phones while driving.
