Traffic accident

A traffic accident (교통사고/交通事故) is referred to an accident that a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole. Though occurring almost every day, traffic accidents may result in injury, death, vehicle damage, and property damage.

Key words
traffic accident, special case,

Special cases
In Korea, when a traffic accident takes place, concerned parties usually call a help desk of the insurance company and/or a police station (Emergency call at 112).

Most of traffic accidents are treated in accordance with the Act on Special Cases concerning Traffic Accidents (교통사고처리특례법), which is the special act of the Criminal Act in terms of injury cases. This act purports to expedite the compensation of traffic victims and to resolve the legal instability and inconvenience to citizens arising out of traffic accidents.

Take an example that a driver committed a traffic accident injuring a person or persons on business negligence or gross negligence. Then the Act on Special Cases concerning Traffic Accidents may release the driver from the criminal punishment on the following conditions in accordance with the Road Traffic Act (도로교통법):
 * No hit-and-run;
 * No manslaughter;
 * The accident did not take place as a result of 11 traffic rule violations mentioned below; and
 * The driver has agreed on compensation with the victim(s); or
 * The driver has entered into qualified car insurance policy or mutual aid association.

Exceptional cases
Any violation of the proviso of Article 3 (Special Cases) (2) of the Act on Special Cases concerning Traffic Accidents prevents the violator from the above-mentioned exemption:
 * 1) violation of traffic sign;
 * 2) driving over centerline, making an illegal U-turn or crossing;
 * 3) overspeed exceeding 20km per hour;
 * 4) overtaking violation;
 * 5) rail road crossing violation;
 * 6) crossing pedestrian protection violation;
 * 7) driving without license;
 * 8) drunk driving;
 * 9) sidewalk trespassing;
 * 10) passenger fall prevention violation; and
 * 11) school zone violation.

Latest amendment
Since February 2009, in addition to the above-mentioned exceptional cases, the car accident should not cause serious injury to victims because the Constitutional Court ruled Paragraph 1 Article 4 of the previous Act unconstitutional for the purpose of sufficient protection of car accident victims.

Civil action
Accordingly, the driver could be relieved from criminial punishment only when the victim is not seriously injured and the accident does not fall within the scope of the above-mentioned exceptional cases.

However, the dispute over who is liable for the traffic accident remains. In most cases, the representative of the insurance company may settle the liability ratio of collision damages. If concerned parties fail to agree on such ratio, the case would be brought to the court.

With the help of CCTV camera records and other evidence, the Financial Supervisory Service is, upon the application of a concerned party, ready to mediate the dispute regardless of insurance coverage.