Article 107 (Function Examiner)

A person who intends to become a function examiner shall pass the qualification examination for function examiners prescribed by the Ministry of the Interior and Safety and complete the training education on automobile driving function examination designated by the Commissioner of the National Police Agency. <Amended by Act No. 12450, Mar. 23, 2013, Act No. 12844, Nov. 19, 2014, Act No. 14838, Jul. 26, 2017>

A function examiner's certificate issued under paragraph ② shall not be lent to or borrowed from another person for the purpose of fraudulent use, nor shall it be brokered. <Newly Inserted by Act No. 15448, Mar. 19, 2024>

, and for whom three years have not elapsed from the date of cancellation. 4. A person who has not obtained a driver's license that allows them to drive a vehicle used for function examination, or for whom three years have not elapsed from the date of obtaining a driver's license. ⑤ The chief of the provincial police agency may cancel the qualification of a function examiner or suspend the effect of the qualification for a period not exceeding one year, according to the standards prescribed by the Ministry of the Interior and Safety, if the function examiner falls under any of the following subparagraphs. However, if the function examiner falls under any of subparagraphs 1 through 6, the qualification shall be canceled. <Amended by Act No. 12450, Mar. 23, 2013, Act No. 12844, Nov. 19, 2014, Act No. 14838, Jul. 26, 2017, Act No. 15018, Dec. 22, 2020, Act No. 15226, Feb. 13, 2024, Act No. 15448, Mar. 19, 2024> 1. When a false certification of passing a function examination under Article 108 (4) has been made. 2. When a function examiner's certificate has been issued through false or other fraudulent means. 3. When sentenced to imprisonment or a heavier penalty (including suspension of execution) for committing a crime falling under any of the following: a. Crimes under Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. b. Crimes under Article 5-3, Article 5-11 (1), and Article 5-13 of the Act on the Aggravated Punishment, etc. of Specific Crimes. c. Sex offenses under Article 2 of the Act on Special Cases Concerning the Punishment, etc. of Sex Crimes. d. Sex offenses against children and adolescents under Article 2 (2) of the Protection of Children and Adolescents Against Sex Offenses Act. 4. When a function examination has been conducted during the period of suspension of the function examiner's qualification. 5. When the function examiner's certificate has been lent to another person. 6. When the driver's license that allows the driving of a vehicle used for function examination has been canceled. 7. When the driver's license that allows the driving of a vehicle used for function examination has been suspended. 8. When fraudulent acts have been committed in relation to the duties of a function examiner. 9. In other cases where this Act or the orders or dispositions pursuant to this Act have been violated.