2026 Car Accident Korean Guide

2026 Car Accident Korean Guide – Introduction: When Insurance isn’t Enough

You are driving in Seoul. You turn a corner, miss a traffic light, or slightly cross the center line, and bump into a pedestrian.

You think: “I have Full Comprehensive Insurance (Jong-hap Bo-heom). The insurance company will handle it.”

You are wrong.

In Korea, under the Act on Special Cases Concerning the Settlement of Traffic Accidents, insurance usually prevents criminal prosecution for minor accidents. However, if you commit one of the “12 Major Gross Negligence Crimes” (12-dae Jung-gwa-sil), insurance cannot stop the police investigation.

You will be criminally booked, investigated, and potentially tried in court. For foreigners, this is a crisis because a criminal sentence often triggers an Immigration Review (Sa-beob-sim-sa; Go to Sabeob Simsa).

1. The “12 Major Gross Negligence” (12-dae Jung-gwa-sil)

If your accident involves injury and falls into one of these 12 categories, you are generally subject to Criminal Punishment regardless of your insurance status or whether the victim forgives you. Note: Settlement still significantly reduces the severity of the sentence.

[Table 1] The 12 Deadly Traffic Sins in Korea

No.	Category	Description
1	Signal Violation	Running a red light or ignoring police signals.
2	Central Line Invasion	Crossing the yellow center line, U-turning illegally.
3	Speeding	Exceeding the speed limit by 20 km/h or more.
4	Overtaking	Passing illegally or in prohibited zones (tunnels, bridges).
5	Railroad Crossing	Failing to pause at a train crossing.
6	Pedestrian Crossing	Hitting a pedestrian on a Crosswalk (Zebras). Very Common.
7	Unlicensed Driving	Driving without a valid Korean license (or IDP).
8	Drunk Driving (DUI)	Driving under the influence (BAC 0.03%+) or refusing a breathalyzer.
9	Pavement Invasion	Driving on the sidewalk/footpath.
10	Passenger Safety	Passenger falling out of the vehicle (Open door accidents).
11	Child Protection Zone	Accidents in “School Zones” (Min-sik Law). Strictly punished.
12	Cargo Securing	Goods falling off a truck due to poor securing.

⚠️ Critical Warning for School Zones (Min-sik Law):

If you injure a child in a School Zone (limit 30km/h), even a minor injury can lead to 1 to 15 years in prison or a fine of 5M ~ 30M KRW. Korean courts treat these cases with extreme severity, and prison sentences are common if settlement fails.

2. The Solution: “Criminal Settlement” (Hyeong-sa Hap-ui)

Since you cannot avoid the trial, your goal is to reduce the punishment (Leniency). The most powerful tool for this is the Criminal Settlement.

Civil vs. Criminal Settlement

Civil Settlement (Insurance): Your insurance company pays for the victim’s hospital bills and lost wages. You do not pay this directly.
Criminal Settlement (Personal Money): You pay extra money directly to the victim to say, “Please ask the judge to punish me lightly.”.

Why You Need It:

If you submit a “Letter of Non-Punishment” (Cheo-beol-bul-won-seo) signed by the victim to the court, the judge will significantly lower your sentence (e.g., from Jail to Suspended Sentence, or from Suspended Sentence to a Fine).

How to Pay:

Amount: Typically 700,000 ~ 1,000,000 KRW per week of the victim’s medical diagnosis (Jeon-chi), though this varies widely based on fault and injury severity.
Driver’s Insurance (Un-jeon-ja Bo-heom): If you have separate “Driver’s Insurance” (not just car insurance), the insurance company may reimburse this settlement money up to a limit. Check your policy.

3. The Visa Trap: Why “Suspended Sentence” is Fatal

For a Korean citizen, a “Suspended Sentence” (Jip-haeng-yu-ye) is often a relief.

For a Foreigner, a Suspended Sentence is a major risk.

[Table 2] Immigration Impact of Traffic Crimes

Sentence Type	Meaning	Immigration Consequence
Imprisonment	Actual Jail time.	High Risk of Deportation.
Suspended Sentence	“Probation” (No jail, but a heavy record).	Significant Risk. Subject to strict “Deportation Review.”
Fine (Bul-geum)	Monetary Penalty.	Review Threshold. Fines >3M KRW (or combined >5M over 5 years) trigger review, but often allow extension.

🎯 The Legal Strategy:

Your lawyer’s primary goal is to lower the sentence to a “Fine” (Bul-geum) to minimize visa risks. This requires aggressive settlement and a skilled defense argument.

4. Step-by-Step Action Plan

Step 1. Immediate Response

Stop the car. Check the victim. Call 112 (Police) and 119 (Ambulance).
Do NOT leave the scene. Failing to aid the victim can be charged as “Hit-and-Run” (Do-ju-chi-sa-sang), which carries severe penalties.

Step 2. Police Investigation

Do not make definitive statements about speed or alcohol if you are unsure.
Contact a lawyer before the first interrogation to avoid self-incrimination.

Step 3. Settlement Negotiation

Do not contact the victim directly if they are angry. Let your lawyer act as the buffer to negotiate the “Criminal Settlement Amount.”
Secure the Letter of Non-Punishment.

Step 4. Court / Summary Order

Submit the settlement, apologies, and proof of employment/family ties to the judge to argue for a Fine instead of imprisonment.

FAQ: Traffic Accidents & Foreigners

Q1: I lightly bumped a car in a School Zone. The child is fine. Am I safe?

A: No. Under the Min-sik Law, even a minor bruise to a child in a School Zone creates a criminal case. If the parents demand a huge settlement, you are in a difficult position. You need legal representation to prove you were driving safely (under 30km/h).

Q2: The victim is asking for an unreasonable amount. What do I do?

A: If the victim refuses to settle for a fair price, we can use the “Criminal Deposit System” (Hyeong-sa Gong-tak). You deposit a fair amount with the court to show your effort. Judges often accept this as a mitigating factor even without the victim’s consent.

Q3: I drove an electric scooter (Kickboard) while drunk. Does this affect my visa?

A: Yes. Drunk driving on an electric scooter is a criminal offense under the Road Traffic Act. A heavy fine can affect your visa renewal or F-5 (Permanent Residency) application due to the “Law-abiding consciousness” requirement.

Summary Checklist

Identify: Did you violate the “12 Gross Negligence” rules?
Contact: Call a lawyer immediately if injuries are involved.
Settlement: Distinguish between Insurance money and Criminal Settlement money.
Goal: Aim for a Fine (Bul-geum) to avoid the high deportation risk of a “Suspended Sentence.”

Accused of a Traffic Crime?

Your driving freedom and your visa are at stake.

Contact LIBRO Global Client Services for urgent defense strategies and settlement negotiations.

[Request Emergency Traffic Defense]

LIBRO Global Client Services

Attorney Paul

2026 Car Accident Korean Guide – The 12 Gross Negligence Crimes & How to Avoid Deportation [English Speaking Lawyer. LIBRO]