![[HOAM Foreign Law Column] Traffic Accidents in Korea: From a Simple Crash to a Departure Order](/_next/image?url=https%3A%2F%2Fagqdgbuateknhwpocrgu.supabase.co%2Fstorage%2Fv1%2Fobject%2Fpublic%2Fasset-generation%2Fd5640e14-e5b7-41b3-800e-609cb8329013%2Fagent-generated%2F1784526407604_2.jpg&w=3840&q=75)
Traffic accidents in Korea are governed by the 'Act on Special Cases Concerning the Settlement of Traffic Accidents.' For foreign residents, a simple car accident can quickly spiral into a criminal case and a visa crisis, especially if one of the '12 Major Negligence' items is involved.
1. The '12 Major Negligence' Items (Sibi-dae Jung-gwasil)
In Korea, most minor accidents are handled through insurance without criminal punishment. However, if your accident involves one of these 12 items, you face Mandatory Criminal Prosecution, regardless of insurance coverage:
- Signal violations (running a red light).
- Speeding (more than 20km/h over the limit).
- Driving under the influence (DUI).
- Crossing the center line.
- Pedestrian protection violations at crosswalks.
2. Hit and Run (Dosa-ju) vs. Simple Non-report
The most dangerous mistake is leaving the scene of an accident. Even if the impact was minor, if you drive away without checking on the other person and providing your information, you will be charged with 'Special Crime Weight Punishment' (Hit and Run). For foreigners, a Hit and Run conviction almost always results in a deportation order.
3. Civil vs. Criminal Settlement
- Civil Settlement: Handled by insurance companies to cover car repairs and hospital bills.
- Criminal Settlement: If you face criminal charges, you must reach a separate personal agreement with the victim. Paying 'Agreement Money' (Hap-ui-geum) to get a 'Non-punishment Petition' is the only way to minimize the sentence and protect your visa.
4. What to Do After an Accident
- Stop Immediately: Never drive away, even an inch.
- Check Victims: Ask if they are hurt and call 119 if necessary.
- Call 112: Establish a police record to prevent later claims of a hit-and-run.
- Gather Evidence: Take photos of the car positions, license plates, and surrounding road signs.
5. Why Hoam Law Firm?
A traffic accident for a foreigner is a dual battle: Criminal Court and Immigration Office. Hoam Law Firm provides a comprehensive defense. we negotiate criminal settlements to avoid prison time and represent you at the Immigration Departure Audit to argue that the accident was not a crime of 'Moral Turpitude,' helping you keep your visa.
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