Part 1.
What to do if a traffic accident occurs 1

1.
Steps to take in case of a traffic accident 3
1-1.
Counseling Case 5
2.
Victim Relief Measures 11
2-1.
Obligation to provide relief to victims 11
2-2.
Sanctions for violation 11
2-3.
Counseling Case 11
3.
23. Increased punishment for fleeing
3-1.
Increased Punishment for Fleeing Vehicle Drivers 23
3-2.
The Meaning of Escape 23
3-3.
Case 24: Escape Affirmed
3-4.
Case 24: Denial of Escape
3-5.
Counseling Case 25
4.
Measures to Prevent Further Traffic Accidents 36
4-1.
Preventive Measure 36
4-2.
Broken-down vehicle sign 36
5.
Preserving the accident scene and securing witness statements 37

Part 2.
Traffic accident reporting and investigation matters 45

1.
Traffic Accident Report 47
1-1.
Persons Obligated to Report and Reporting Period 47
1-2.
Report 47
1-3.
Sanctions for failure to report 47
1-4.
Counseling Case 48
2.
Police Officers' Traffic Accident Investigation 49
2-1.
Police Officers' Traffic Accident Investigation 49
2-2.
Traffic Accident Investigation Objection 49
Traffic Accident Investigation Rule 51
3.
Application for Issuance of Confirmation of Traffic Accident Fact 71

Part 3.
Traffic Accident Liability and Compensation Issues 73

1.
Traffic Accident Liability and Compensation 75
1-1.
Insurance Obligation 75
1-1-1.
Obligation to subscribe to liability insurance for compensation for personal injury 75
1-1-2.
Obligation to subscribe to insurance for compensation for material damage 75
2.
Concept and Types of Auto Insurance 76
2-1.
The Concept of Auto Insurance 76
2-2.
Types of Auto Insurance 76
2-3.
Auto Insurance Composition 76
3.
78 Obligation to subscribe to automobile insurance, etc.
3-1.
Automobile Damage Liability 78
3-2.
Obligation to subscribe to liability insurance, etc. 78
3-3.
Exemption from membership obligation 105
4.
Sanctions for Violation of Insurance Subscription Obligation 106
4-1.
Document Submission Order 106
4-2.
Vehicle registration plate number 106
4-3.
Prohibition on Driving a Vehicle Without Compulsory Insurance 106
4-4.
Imposition of fines 108
5.
Special Case 110 in Case of Traffic Accident of Automobile Insurance Subscriber
5-1.
Exemption from filing a lawsuit after a traffic accident 110
5-2.
Limitations on Immunity from Criminal Prosecution for Automobile Insurance Subscribers 112
6.
Succession of Used Car Insurance Contracts 113
6-1.
113 When transferring an insured vehicle
6-2.
113 In case of replacing (replacing) the insured vehicle with another vehicle
7.
Counseling Case 115

Part 4.
Criminal punishment in case of traffic accident 125

1.
Criminal Punishment for Traffic Accidents 127
1-1.
Punishment for Traffic Accidents 127
1-2.
Counseling Case 128
2.
Special punishment provision 131 under the Act on Special Cases Concerning the Handling of Traffic Accidents
2-1.
Concept 131
2-2.
Counseling Case 131
3.
Filing of the complaint 140
4.
If you have insurance or a mutual aid program that fully covers medical expenses and damages, 142
4-1.
Exemption from filing a lawsuit after a traffic accident 142
4-2.
Limitations on Immunity from Criminal Prosecution for Automobile Insurance Policyholders 143
4-3.
'If you are enrolled in insurance or a mutual aid association' means 144
5.
Related Case 145
6.
Constitutional Court Decision 150

Part 5.
Compensation for damages in case of traffic accidents 157

1.
Compensation 159
1-1.
Compensation for damages resulting from driving a car 159
1-2.
Compensation for damages under the Automobile Damage Compensation Security Act 159
1-3.
Automobile Owner's Liability for Damages 159
1-4.
Compensation for damages under the Civil Act 160
2.
Counseling Case 161
3.
Automobile Damage Compensation Insurance Business 203
4.
Support for Traffic Accident Victims 204
4-1.
Applicant 204
4-2.
Support Criteria (Article 22, Paragraph 1 of the Enforcement Decree of the Automobile Damage Compensation Security Act) 204
4-3.
Amount of support: 205
5.
Car Accident Victim Support Project 206
5-1.
What is the Automobile Accident Victim Support Program? 206
5-2.
Applicant 206
5-3.
Support Requirement 206
5-4.
Economic Support Project 207
5-5.
Emotional Support Project 210
6.
Dispute Resolution 213
6-1.
What is the Automobile Damage Compensation Guarantee Committee's Dispute Mediation Subcommittee? 213
6-2.
Adjustment target 213
6-3.
Subcommittee Composition 213
6-4.
Adjustment period 214
6-5.
Effect of Adjustment 214
6-6.
How to Apply for Mediation 214
6-7.
Application Form 216
6-8.
Dispute Resolution Procedure 219
7.
Medical Professional Review 220
7-1.
What is a medical professional review? 220
7-2.
220 medical professional review subjects
7-3.
Composition of the Medical Expert Committee 220
7-4.
Effectiveness of Medical Professional Review Results 220
7-5.
How to Apply for Medical Professional Review 221
7-6.
Medical Professional Review Processing Procedure 224
8.
Victim's Compensation Claim 225
8-1.
Claim for insurance, etc. 225
8-2.
Compensation to victims 225
8-3.
Compensation Procedures for Traffic Accident Victims 226
8-4.
227 Documents Required for Insurance Claims
8-5.
227 Documents Required for Claiming Compensation under Automobile Damage Compensation Insurance
8-6.
Claim for compensation from the state in case of damage to vehicles or other damages due to insufficient road maintenance 228
8-7.
Counseling Case 229
8-8.
Related Case 241
8-9.
Constitutional Court Decision No. 245

Part 6.
249 Things to do if a traffic accident occurs during commuting

1.
If you are in a car accident, don't panic and respond like this.
251
1-1.
How to Respond in a Traffic Accident 251
1-1-1.
Rescue the casualties first.
251
1-1-2.
Take additional traffic accident prevention measures.
251
1-1-3.
Preserve the accident scene and secure witnesses and evidence.
252
1-1-4.
Preserve the accident scene with spray markings, etc.
252
1-2.
File an insurance claim and report the accident.
253
2.
What responsibilities are incurred in a traffic accident, and how is compensation handled? 254
2-1.
Civil Liability and Compensation for Damages 254
2-2.
Criminal Liability 255
3.
If I'm involved in a traffic accident while commuting to or from work, can I receive workers' compensation benefits? 257
3-1.
"Industrial Accident Compensation Insurance Benefits" 257
3-2.
Are traffic accidents on the way to or from work recognized as work-related accidents? 257
3-3.
If you are dissatisfied with the decision on your workers' compensation insurance benefits, here's what to do:
259
4.
Counseling Case 260
5.
Related Case 275
6.
How do I receive compensation if I'm involved in a traffic accident while commuting by taxi? 283
6-1.
283 In case of an accident caused by the negligence of a taxi driver
6-2.
Deduction Payment Standard 285
6-2-1.
285 in case of death
6-2-2.
285 in case of injury
6-2-3.
286 in case of sequelae
6-2-4.
287 for large objects
7.
In case of an accident caused by the negligence of the other vehicle or by the negligence of both the taxi driver and the other vehicle, 293
7-1.
293 If an agreement is reached on the percentage of fault
7-2.
293 In case of dispute over the percentage of fault
8.
If I'm involved in a traffic accident while commuting by taxi, can I receive workers' compensation benefits? 294
8-1.
"Industrial Accident Compensation Insurance Benefits" 294
8-2.
Are traffic accidents on the way to or from work recognized as work-related accidents? 294
8-3.
Related Case 295
9.
297 In case of an accident during bus commute
9-1. What measures will be taken? 297
9-2.
How do I receive compensation? 298
10.
299 In case of an accident while commuting to or from work on the subway
10-1.
What action will be taken? 299
10-2.
How do I receive compensation? 301
10-3.
Can I receive compensation for damages caused by subway delays? 302

Part 7.
303 Things to Do When Settling a Car Accident

1.
Traffic accident settlement amount 305
1-1.
Property damage 305
1-2.
305 casualties
1-3.
Traffic accident settlement period 305
1-4.
Police investigation and insurance company processing 305
1-5.
The victim's treatment period was 306
1-6.
Settlement Negotiation 306
1-7.
Traffic Accident Settlement Amount Calculation Standard 306
1-8.
Medical expenses 306
1-9.
Loss of business suspension 306
1-10.
alimony 307
1-11.
Damages for sequelae 307
1-12.
Other damages 308
2.
Counseling Case 309

Part 8.
Traffic Accident Fault Ratio Calculation Method 321

1.
What is the fault ratio? 323
1-1.
The Concept of Fault 323
1-2.
Factors in calculating negligence 323
1-3.
Principle 323 for calculating the percentage of negligence
1-4.
Negligence of the offender and negligence of the victim 324
1-5.
Reasons for the occurrence of negligence disputes 325
2.
Procedure and Basis for Set-off of Consequences 327
1-1.
The Concept and Legal Basis of Set-off of Faults 327
1-2.
Example of Set-off of Fruits 327
1-3.
Reasons and Conditions for Set-off 327
3.
Negligence Ratio Q&A 329
3-1.
Victim's Negligence 329
3-2.
Offender's Negligence 332
3-3.
Dispute Resolution Procedure 334
3-4.
Evidence 341
3-5.
Accident report 342
3-6.
Insurance premium surcharge 342
3-7.
Compensation Processing Procedure 343
3-8.
Negligence Judgment 345
3-9.
Common Sense 346
3-10.
Negligence ratio recognition standard 350
3-11.
Police report 353

Appendix: Relevant Law 355
Road Traffic Act (Abstract) 357
Automobile Damage Compensation Security Act (Abstract) 415
Special Act on Traffic Accident Handling 438

Since traffic accidents are composed of three elements: people, vehicles, and the road environment, the causes of traffic accidents are also caused by human factors, road environment factors, and vehicle factors, either individually or organically combined.
Additionally, among these three factors, human factors such as delay in detection or carelessness of drivers account for the majority of causes of traffic accidents.
The causes of traffic accidents produce direct consequences of the accident, such as collisions, injuries, and damages, but factors only have the potential for an accident and do not necessarily cause the consequences of the accident.
Therefore, it is necessary to distinguish between the causes of traffic accidents and the factors that may cause them.
Nowadays, automobiles have become an indispensable necessity in our daily lives, and it has been quite some time since the number of automobiles owned has exceeded 20 million.
Accordingly, various types of traffic accidents occur every day, exceeding 200,000 cases annually, and the number of casualties is increasing at an alarming rate.
Because of this relationship, even today, drivers unintentionally become victims of traffic accidents, or perpetrators.
In particular, since most people drive alone after getting into an accident, it is not uncommon for people to panic and fail to properly handle the accident, resulting in losses.

As the legal adage “He who sleeps on his rights leaves them unprotected” suggests, everyone has rights and responsibilities that are inherent to their lives.
We often see and hear about cases where people suffer losses due to not knowing their rights or obligations.
It is time for the law to be understood not only by experts but also by everyone as a matter of common sense.
So, in this book, we have organized by field the traffic accidents that have occurred most frequently in the past according to the basic laws for handling traffic accidents, such as the Road Traffic Act, the Automobile Damage Compensation Act, and the Traffic Accident Settlement Special Act, so that when an accident occurs, we can respond quickly and accurately by referring to the Ministry of Government Legislation's daily life laws, Supreme Court precedents, counseling materials from the Korea Legal Aid Corporation, the Automobile Damage Compensation Promotion Agency, and the Fault Ratio Information Portal established to resolve fault ratio disputes. We have organized it in a clear and easy-to-understand manner for anyone to understand.
I believe this book will be of some help to those who have been victims of traffic accidents or have been the perpetrators of them, and I would like to express my gratitude to Kim Hyeon-ho, CEO of Beopmun Books, who readily agreed to publish this book despite the challenging publishing market.