Blog, Criminal

Driving in a foreign country is always a challenge. The road signs are in a different language, rules might be different from your home country, and on top of that, there is usually a different driving style from what you are used to. That is why it is very important to be aware of all the rules that apply to driving a car or other motorized vehicle in South Korea. And, you also need to know what to do in case of a car accident.

Of course, we hope you never have any type of traffic accident while you are in Korea, but if you do – either by causing it or by being a victim of an accident – here are some things you should know.

Driving in Korea with a Foreign License

Naturally, you need a driver’s license to drive in South Korea, just like in any other country.

If you have a Korean driver’s license, you have no problem driving in South Korea. If you have a driver’s license from another country, you are allowed to drive in South Korea as long as the country in which you obtained your license is a member of international treaties: Geneva Convention on Road Traffic (1949) or Vienna Convention on Road Traffic (1968). You can browse the list of countries that signed this convention in the link below.

• Geneva Convention
• Vienna Convention

Even if your driver’s license is recognized by Geneva Convention or Vienna Convention, you might get prohibited by the police from driving for up to 1 year, according to Article 97 of the Road Traffic Act, if you fall under any of the following cases:

• When you fail an aptitude test
• When you case any traffic accident by intention or negligence while driving
• (When you have Korean citizenship) Your license has been revoked or suspended
• When you violate Road Traffic Act, or any order issued, or disposition taken pursuant to this Act with respect to the driving

If you get prohibited from driving by Article 97 of the Road Traffic Act, you should surrender your driver’s license to the commissioner of a police agency for the prohibition period. The commissioner should give your license back to you when (1) your prohibition period is over, or (2) you are leaving Korea.

Driving in Korea in General

Speed limits in Korea are very similar to most countries. Inside cities, it is usually between 60 and 80 km/h, on open roads between 80 and 100 km/h, and on expressways (highways) somewhere between 100 and 120 km/h. Speeding will almost always result in a fine, as Korea has intensive traffic monitoring systems in place.

There are no clear rules regarding priority and right of way when approaching intersections without lights so keep that in mind and always proceed with caution. All passengers in the car must always wear a seatbelt, and children under 6 must use a car seat.

Besides these basic principles of driving in Korea, it is strongly recommended to always have comprehensive car insurance that has maximum coverage. When driving, make sure you have your insurance papers in your glove box.

It is also advised to have a black box camera – both in your rear-view and front view windows – to record anything that happens on the road. This is very useful in case of an accident, as it could prove your innocence and the other party’s fault. Just in case, it is also smart to have a disposable camera in your glove box compartment to take pictures in case of an accident or a dispute.

Traffic Accidents in Korea

A traffic accident can happen due to a variety of reasons – an ignored traffic light, driving under the influence of alcohol, speeding, not paying attention, or just simple dumb luck. No matter the reason, it is important to understand the regulation and what it means for you. 

1. What to do When You Are in an Accident

If you are in a car accident – as a victim or a perpetrator – there are protocols you need to follow.

If you are the one who caused the accident, stop immediately, regardless of whether the victim was injured or not. If the victim is injured, help them. Even if the victim looks fine, you should still provide them with your personal information (name, phone number, address, etc.) so that the victim or police would be able to contact you later. If you do not follow this and just leave, the accident could be considered a hit and run, and you would be punished much more severely.

Also, when you caused an accident, it is obliged by law (Article 54 of the Road Traffic Act) to call the police right away, and report the following facts:

• The place where the accident occurred
• The number of victims and the extent of any injuries
• Items damaged and the extent of such damage
• Any other things needed (so that the police would be able to provide them)

On the other hand, if you are the victim, notify your insurance company as soon as possible. They can help you navigate the situation and will tell you what to do to get an insurance claim. Also, it is recommended to record any evidence that can help show which party was at fault, and not move the cars until the police have arrived to record the scene. 

Now, let’s take a look at what Korean law stipulates on car accidents.

2. Basic Principles

Causing injury or property damage by a car accident is a crime, which can be punished, just like causing injury or property damage by any other means.

There is a penalty provision in the Road Traffic Act in case of damage to another person’s building or goods due to negligence in a car accident.

Road Traffic Act, Article 151 (Penalty Provisions)

Where the driver of any motor vehicle or tram damages the building or goods of any other person due to negligent disregard or gross negligence, he or she shall be punished by imprisonment without labor for not more than two years or by a fine not exceeding five million won.

Meanwhile, for cases where a person is killed or injured in a car accident, a special law called “Act on Special Cases Concerning the Settlement of Traffic Accidents” was established.

Criminal Act, Article 268 (Death and Injury by Occupational or Gross Negligence)

A person who causes the death or injury of another by occupational or gross negligence, shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won.

Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3 (Special Cases for Punishment)

(1) A driver of a vehicle who commits a crime provided for in Article 268 of the Criminal Act by reason of a traffic accident shall be punished by imprisonment without prison labor for not more than five years or by a fine not exceeding 20 million won.

However, car accidents can occur to everyone even with especially bad luck. It would be wrong to punish the perpetrator even when the victim’s damage is compensated, and the victim doesn’t want them to be punished. That is why the car accident crime is treated specially as “banuisabulbeoljoe (반의사불벌죄)” which can be literally translated as “no punishment against will.” This is a kind of crime that cannot be prosecuted if the victim objects to it. You can check out our explanation of this type of crime in the previous article.

So, even if you cause a car accident and hurt someone by your gross negligence, you will not be prosecuted if you earn the victim’s forgiveness thanks to your good insurance (who would compensate the victim’s damage for you). Even if you do not have insurance, you will not be prosecuted if you earn the victim’s forgiveness by compensating the victim’s damage with your own money. This is a basic principle of a car accident in Korea.

3. Exception

However, there are exceptions. Even if you have insurance, even if the victim forgave you, you will still be prosecuted if you committed any of the twelve acts stipulated in the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2). This is called “Twelve Gross Negligence (12대 중과실).”

1.  When you violated a traffic signal, including signals given by a traffic police officer or other safety signals
2.  When you crossed the median line of the road, including making U-turns or driving backward
3.  When you drove more than the speed limit by 20 km/h or more
4.  When you made an illegal passing or overtaking
5.  When you made an improper passing through a crossing
6.  When you neglected the duty to protect pedestrians at a crosswalk
7.  When you drove without a driver’s license
8.  When you drove while intoxicated or under the influence of drugs
9.  When you drove onto the pavements of roads
10.  When you neglected the duty to prevent passengers from falling off the vehicle (which means you drove while the car door was opened)
11. When you caused bodily harm to children within protective areas for children, such as a school zone
12. When you drove without taking proper measures to prevent freight from falling off

If you cause a car accident for any of the above behaviours, there will be a criminal prosecution, regardless of the victim’s forgiveness.

In addition to this “Twelve Gross Negligence,” there are two more significant exceptions.

One is hit-and-run. If you leave the scene of the accident without aiding the injured victim, or you leave the scene after moving the injured victim to somewhere else and abandoning them, you will always be prosecuted.

The other is victim’s serious injuries or death. If you caused a car accident and the victim died, that means the victim would never be able to “forgive” you because they are already dead. Even if the victim is technically not dead yet, it would be considered the same if they got a life-threatening injury, got an incurable disease or disability. In these cases, you will always be prosecuted.

Therefore, in these cases, it is vital that – besides calling the police, ambulance, and insurance company – you also call an English-speaking lawyer who would aid you and represent you in the legal procedure. It is also vitally important to contact your embassy, as a car accident resulting in gross bodily harm will always be treated as a serious criminal offense.

Proving Negligence in a Car Accident

If you have been in a car accident, the insurance company – or your lawyer in case of a serious accident or Twelve Gross Negligence – will always try to prove the negligence of the other party. If someone is proven to have been negligent, then they will be considered as “at fault” for the accident, meaning that they will have to bear the brunt of the compensation, and they can even be legally prosecuted.

Negligence is described as careless conduct that ends up causing harm to another person. In the case of a car accident, it means that the driver has done something they should not have done – by ignoring a red light, driving under the influence of alcohol, not stopping for a crosswalk, etc. – and causing an accident as a result. 

If any of the above reasons have happened, it is usually fairly easy to prove negligence, as the driver has ignored basic traffic laws. However, if the traffic laws were not ignored and the accident was caused by not paying attention, it is harder to prove negligence. Therefore, it is important to have good lawyers, both if you are being accused of causing a car accident or if you have been the victim of one. English-speaking lawyers will help you navigate legal procedures in Korea, and will make sure that you receive the best outcome for your case.