Key Points
- Causing injury by occupational negligence cannot be charged if the victim expressly states that they do not want punishment (Article 3(2)), nor if you are covered by comprehensive insurance or similar (Article 4(1)).
- There is no exemption for accidents in which someone died; it applies only to injury.
- If the accident involves one of the 12 serious faults, fleeing, or refusing or obstructing a breath test, insurance and settlement are of no use.
- You also lose the insurance exemption if the victim's life is endangered, or the victim is disabled or acquires an incurable or hard-to-cure illness, or if the insurer is released from liability and has no duty to pay (Article 4(1)2 and 3).
1. The framework of the two exemptions
A vehicle driver who commits occupational negligence causing death or injury in an accident faces up to 5 years of imprisonment without labor or a fine of up to KRW 20 million (Article 3(1) of the Traffic Accident Settlement Act). Of these, causing injury and the offense under Article 151 of the Road Traffic Act (property damage by occupational negligence) carry the following two exemptions.
| Exemption | Effect | Provision |
|---|---|---|
| Offense not prosecutable against the victim's wishes | No indictment if the victim clearly states that they do not want punishment | Main text of Article 3(2) |
| Insurance exemption | No indictment if covered by comprehensive insurance or a mutual aid program | Main text of Article 4(1) |
2. Accidents that do not qualify for the exemptions
- Fatal accidents · The exemptions exist only for causing injury.
- The 12 serious faults · These are the subparagraphs of the proviso to Article 3(2), twelve in all: from running a signal and crossing the center line to speeding more than 20 km/h over the limit, overtaking violations, railroad crossing violations, breach of the crosswalk protection duty, driving without a license, alcohol or drugs, driving onto sidewalks, passengers or cargo falling, and safe-driving violations in child protection zones.
- Fleeing · Fleeing without giving aid, or moving and abandoning the victim and then fleeing.
- Refusing or obstructing a breath test · Not complying with a test demand (except where a blood test was requested or consented to) or obstructing the test.
- Serious injury · Where the victim's life was endangered or the victim was disabled or developed an incurable or hard-to-cure illness; in this case only the insurance exemption is excluded (Article 4(1)2).
- Void insurance or release from liability · Where the insurance contract became void or was terminated, or the insurer has no duty to pay because of an exclusion clause (Article 4(1)3).
3. Proving that you are insured
This is proven with a document issued by the insurance company or mutual aid association, namely a certificate of insurance coverage submitted together with the traffic accident fact confirmation (Article 4(3)). If you have only compulsory liability insurance, you do not get the exemption, so be sure to check what kind of insurance you have.
4. How the case ends when an exemption applies
At the investigation stage, the case ends in non-referral (the police decide not to send the case to a prosecutor) or non-indictment on the ground of "no right of prosecution." Even if the case has already gone to trial, if no serious-fault item or fleeing is found, the court dismisses the prosecution on the injury charge. In a failure-to-take-measures-after-an-accident case that DAEON Law Firm handled, the failure-to-take-measures charge was found not guilty and the injury charge ended in dismissal of the prosecution.
Frequently Asked Questions
What exactly counts as serious injury?
Even if the victim wants me punished, am I not punished if I am insured?
What about an accident where only vehicles were damaged?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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