Reporting a traffic accident 
Who has the obligation to file a report and when?
- When police officers are present at the scene of an accident, the driver, etc. of the motor vehicle shall report without delay the pertinent facts to the police officers; whereas when police officers are not present at the accident scene, the driver, etc. shall report the matters to the nearest police station (including an area patrol unit, a police substation or a police detachment)(Article 54(2) of the Road Traffic Act).
- The above provision shall not apply in cases where only the driving motor vehicle is evidently damaged and where necessary measures are taken to prevent any danger and ensure the smooth flow of road traffic (Article 54(2) of the Road Traffic Act).
Matters to be reported
- The location of the accident, the number of casualties and the extent of their injuries, items damaged and the extent of such damage, and any measures, etc. taken shall be reported (Article 54(2) of the Road Traffic Act).
Penal provisions
- Any person who neglects the duty to report shall be punished by a fine of not more than KRW 300,000 or a period of detention (Article 154(4) of the Road Traffic Act).
- Any person who impedes the reporting of a traffic accident shall be punished by imprisonment of not more than 6 months, a fine of not more than KRW 2,000,000 or a period of detention (Article 153(1)5 of the Road Traffic Act).
Investigation of police officers
Matters for police officers’ investigation on traffic accident
- In the event of a road traffic accident, national police officers shall investigate the following matters (Article 32 of the Enforcement Decree of the Road Traffic Act).
1. The date, time, and location of the traffic accident.
2. The damage caused by the traffic accident.
3. The persons involved in the traffic accident, the vehicle registration number(s) and whether the motor vehicle(s) involved is(are) insured.
4. Whether the driver’s driving license is valid, whether the driver has been driving the motor vehicle under the influence of alcohol or drugs, and any necessary measures taken, such as the provision of aid or relief to the injured, etc.
5. Whether the driver has committed an error.
6. The conditions at the scene of the traffic accident.
7. Other necessary matters in connection with the causes of the traffic accident, such as defects with a motor vehicle, a tram, or a traffic safety system, etc., and also matters concerning the collection of evidence, etc., such as a driving data recorder installed in accordance with Article 55 of the Road Traffic Act.
- In cases where, as a result of the investigation of the above items 1 to 4, it is found that the traffic accident does not involve any casualties and cannot be the object of prosecution in accordance with Article 3(2) or 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the investigation of the above items 5 to 7 may be skipped (Article 32 of the Enforcement Decree of the Road Traffic Act).
※ Filing an objection to an investigation of a traffic accident
- It is possible to file an objection to an unfair investigation (biased treatment, repressive investigation, deferred treatment) on the civil petitions which each police station is handling or has handled.
∙ Concerning the alleged cause of a traffic accident as decided by the investigation.
∙ Concerning the investigations of accusations, appeals, or petition cases.
∙ Concerning traffic accidents, according to the received order of petitions, reinvestigation of the scene shall be carried out with the documents of the primary investigation and any new evidences.
∙ Concerning investigations, an objective investigation shall be conducted to determine whether the initial investigation of a given case contained any elements of unfairness. In the event that the initial investigation is judged to have been unfair, or any illegal acts on the part of the relevant police officer are discovered, appropriate steps such as disciplinary action shall be taken, and a corrective investigation may be suggested to the primary investigation agency.
∙ The room of the audit inspection officer or the report center for the civil petitioner on investigation or traffic accidents in each local police agency.
Confirmation of traffic accidents
Application for confirmation of a traffic accident
- A perpetrator, casualty or agent who wishes to confirm the occurrence of a traffic accident shall submit to the chief of a police station an application for confirmation of a traffic accident (Enforcement Regulation of the Road Traffic Act, Attached Form 144-6) (in cases where an agent submits an application, the power of attorney of the applicant and a copy of the identification) and present his or her identification (main text of Article 129-3(1) of the Enforcement Regulation of the Road Traffic Act).
- Provided, That, upon the applicant’s request, the identity of the applicant may be verified by electronically comparing his or her fingerprints in lieu of presenting the identification (proviso of Article 129-3(1) of the Enforcement Regulation of the Road Traffic Act).