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When a traffic accident occurs in Korea, many drivers assume that the matter is resolved once they report the accident to their insurance company and complete the compensation process with the other party.

However, insurance settlement and criminal liability are separate issues.

If a driver leaves the scene without taking the legally required measures immediately after an accident, criminal liability may still arise regardless of whether the damage was later covered by insurance. In practice, investigations for failure to take post-accident measures may begin even after all property damage has been compensated through insurance.

This article explains how insurance settlement and criminal responsibility are distinguished under Korean law, and how comprehensive automobile insurance affects accident-related criminal liability.
 

Legal Basis for Post-Accident Duties

Under Article 54(1) of the Korean Road Traffic Act, when a vehicle accident causes injury, death, or property damage, the driver must immediately stop, provide necessary assistance to injured persons, take required safety measures, and provide personal information to the victim.

Failure to comply with these duties may be punishable under Article 148 of the Road Traffic Act by imprisonment for up to five years or a fine of up to KRW 15 million.

However, if the accident only involves damage to a parked or stopped vehicle and the driver fails to provide personal information, Article 156(10) of the Road Traffic Act may apply instead. In that case, the penalty may be limited to a fine of up to KRW 200,000, detention, or a minor penalty.

In certain cases, if the driver pays the administrative penalty notice within the required period, the matter may be closed without formal criminal punishment. If the penalty is not paid, the case may proceed to a criminal procedure involving a fine, detention, or minor penalty.
 

Key Legal Distinctions

In Korean traffic accident cases, the legal consequences differ depending on the type of conduct involved.

1. Property damage caused by negligent driving
This generally falls under Article 151 of the Road Traffic Act. If the driver has comprehensive automobile insurance or equivalent coverage, prosecution may be restricted under Article 4 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

2. Failure to take required measures after an accident
This falls under Articles 54(1) and 148 of the Road Traffic Act. Comprehensive insurance does not exempt a driver from liability for leaving the scene without taking required measures.

3. Failure to provide personal information after damaging a parked vehicle
This is commonly referred to as a property-damage hit-and-run or “mulpi doju” in Korean practice. It may be handled under Article 156(10) of the Road Traffic Act and may be resolved through an administrative penalty in certain cases.

4. Leaving the scene after an accident involving injury or death
If personal injury is involved and the driver leaves without providing assistance, the case may be treated as a hit-and-run injury or fatality under Article 5-3 of the Act on the Aggravated Punishment of Specific Crimes. This is not covered by the insurance exception and may lead to aggravated punishment.

Sources: Road Traffic Act, Act on Special Cases Concerning the Settlement of Traffic Accidents, Act on the Aggravated Punishment of Specific Crimes
 

Why Comprehensive Insurance Does Not Cover Failure to Take Required Measures

Under Article 4 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, a driver who has comprehensive automobile insurance may be protected from prosecution for certain traffic accidents involving negligent property damage.

However, this protection applies to the accident itself, not to the separate duty to stop, provide assistance, and take necessary measures after the accident.

The Korean Supreme Court has clearly distinguished these two issues.

In Supreme Court Decision 2017Do9689, decided on September 7, 2017, the Court held that failure to take required measures under Article 54(1) of the Road Traffic Act is an intentional offense that requires awareness of injury, death, or property damage. The Court further held that this offense is separate from negligent property damage under Article 151 of the Road Traffic Act because the protected legal interests, offender, conduct, and elements of the offense are different.

In other words, even if the property damage itself is covered by insurance and may not be prosecuted, the act of leaving the scene without taking required measures may still remain as a separate criminal offense.

Insurance settlement does not automatically eliminate liability for failure to take post-accident measures.
 

Practical Issues Commonly Reviewed in These Cases

In cases involving alleged failure to take required measures after an accident, the following issues are often critical.

▪️Awareness of the accident
Because this offense requires intent, it is important to examine whether the driver actually recognized the accident or at least was aware of the possibility that an accident had occurred. The purpose of Article 54(1) is to remove traffic risks and obstacles and ensure road safety, not merely to compensate the victim.

▪️Difference between insurance compensation and criminal settlement
Payment through an insurance company is a civil compensation process. In a criminal case, a separate settlement agreement or confirmation of the victim’s intention not to seek punishment may still be important.

▪️Timing and effect of settlement
A settlement with the victim may be considered as a mitigating factor. However, its practical effect may differ depending on whether it is reached at the early investigation stage or after indictment.

▪️Possibility of personal injury
An accident that initially appears minor may later involve a medical certificate or diagnosis submitted by the other party. If injury is recognized, the case may escalate into a hit-and-run injury case under the Act on the Aggravated Punishment of Specific Crimes.
 

How Decent Law Firm Can Assist

Cases involving failure to take required measures after a traffic accident require a clear understanding of both civil compensation through insurance and separate criminal proceedings.

The criminal defense team at Decent Law Firm reviews these cases from the early investigation stage, analyzing the relationship between insurance records, accident circumstances, victim statements, settlement issues, and potential criminal liability.

If you have received a call from the police after believing that the accident had already been resolved through insurance, it is important not to treat the matter lightly.

Before confirming your police interview schedule, you should first review your situation from a legal perspective.