Traffic Accident in Korea: Criminal Cases for Foreign Drivers
A traffic accident in Korea can be a criminal matter, not only an insurance one, especially where someone was injured, the driver left the scene, or the driver had no licence or insurance. What you do and say in the first days shapes how the case is read.
Most foreign drivers think of an accident as a matter between insurers. In Korea, an accident that injures another person is also handled by the police as a possible criminal case, and the driver is normally called in as a suspect. The insurance claim and the criminal case run side by side, and they do not always line up.
Attorney Doyun Lee, a KBA-certified criminal law specialist, consults with foreign clients directly in English. For drunk driving, see the separate DUI page; this page covers the other accident cases.
Injury accidents
Where someone is hurt, the police investigate the cause, the injuries and the driver’s conduct. The medical certificates, the nature of the injuries, the road conditions, any signal or lane violations and the video from dashcams or road cameras all become part of the file. Which special rules apply, including the Act on Special Cases Concerning the Settlement of Traffic Accidents, depends on the details of the accident.
Collect what you can at the start: photographs of the scene and the vehicles, the other party’s details, your insurance papers, and any dashcam footage. Do not delete footage or messages.
Hit-and-run and leaving the scene
Under the Road Traffic Act (art. 54), a driver involved in an accident is required to take steps at the scene, such as helping an injured person and giving contact details. Leaving without doing so can become a separate and more serious issue than the accident itself, even where the driver says they did not realise anyone was hurt.
If you left the scene, or are unsure whether you did what was required, speak to a lawyer before contacting the police or the other party. How and when you come forward, and what you say, can matter.
No licence or no insurance
Driving without a valid licence, with a foreign licence that is not valid for use in Korea, or without insurance can add separate issues to an accident case, and can affect how the case is assessed and how the injured person is compensated. Foreign residents are often unsure whether an overseas or international licence is valid for their situation, so confirm this early rather than at the interview.
Insurance and settlement
Insurance and criminal liability are separate. Insurance coverage matters in some cases and does not resolve the matter in others, including where the accident falls into a more serious category. A settlement (합의) with the injured person is often an important factor in how a case is assessed, but it is not automatic and it does not guarantee any outcome.
Settlement is best arranged through proper channels, with a written record. Direct, repeated contact with an injured person can be read later as pressure.
The police interview
The interview is conducted and recorded in Korean. If you cannot read the statement, ask for it to be interpreted back to you and corrected before you sign. Estimates of speed, distance and timing given from memory can end up in the record as firmer statements than you intended. You have the right to counsel during questioning, and an interpreter is not a substitute for that.
Visa and travel
A criminal case from an accident can in some situations affect status of residence, and an exit ban can restrict travel while the case is open. See the guide on how a criminal case can affect your visa and the exit ban guide, linked below.
Representation and fees
The legal fees page sets out the published schedule. Consultation and review fees are credited against the retainer if you retain us. Urgent and detention cases start from KRW 11,000,000, and detention-centre visits and on-site attendance are provided only after a formal retainer is signed.
Real results in similar cases
Results reflect individual cases and do not guarantee the outcome of any similar matter.
Related pages
Frequently Asked Questions
I was in an accident and the other person was hurt. Will I face a criminal case?
It is possible. Where someone is injured, the police normally investigate the driver as a suspect, alongside any insurance claim. How the case is assessed depends on the injuries, the circumstances and your conduct afterwards, so keep your records and get advice before the interview.
I did not stop after a minor bump. Is that a problem?
It can be. Drivers are required to take steps at the scene under the Road Traffic Act (art. 54). Speak to a lawyer before contacting the police or the other party about how to come forward.
I had no Korean licence or no insurance. What happens now?
That can add separate issues and affect how the case is assessed. Confirm early whether your licence was valid for driving in Korea, and gather your insurance documents.
Does my insurance cover everything, including the criminal case?
Not necessarily. Insurance and criminal liability are separate, and insurance does not resolve the criminal side in every case.
Should I settle directly with the injured person?
It is usually better to arrange settlement through proper channels with a written record. Direct, repeated contact can be read as pressure, and settlement does not guarantee any outcome.
What about drunk driving?
See our DUI page, which covers testing, the interview and licence and visa consequences.
Already outside Korea and planning to return?
Don't search for a lawyer after you're arrested at the airport. Have your Korean criminal defense attorney in place before you fly.
Pre-Entry Risk Review →Legal Consultation
Talk to Attorney Doyun Lee directly
You communicate directly with the Korean criminal defense attorney handling your case — in English, not through an interpreter or an intake team. KBA-certified criminal law specialist · remote retainer nationwide.
A brief initial email describing your matter is free. Detailed legal advice or evidence review is a paid advisory service (KRW 550,000). Email is available in English and Chinese.
Use the consultation chat on this website to submit your case summary, contact details, and preferred consultation time. Attorney Doyun Lee will contact you using the information you provide.
Phone consultation in English: 30 minutes, KRW 110,000. In-person consultation in English: 30 minutes, KRW 550,000.
If you retain Attorney Doyun Lee for the same matter, all consultation and review fees already paid (phone, in-person, and legal analysis / evidence review) are credited against the retainer fee.
View Attorney Doyun Lee’s profile →
Advertising Attorney: Doyun Lee, KBA-certified criminal law specialist, Newlawyer Law Office. This page is general legal information and does not guarantee any specific result.