South Korea

I'm a traffic accident victim and the settlement is too.

3 years
Statute of limitations
100%
Fault-based liability
KRW 5M
Avg. non-pecuniary award
14 days
Police report deadline
The Short Answer

You can reject an unfair settlement and file a civil lawsuit for damages under the Civil Act. South Korean law allows compensation for medical costs, lost income, pain and suffering, and disability.

What the Law Says

South Korean law provides victims of traffic accidents the right to claim full and fair compensation for all losses caused by another driver’s negligence or violation of traffic rules.

Under the Civil Act, anyone who causes harm through unlawful conduct must compensate the victim for all resulting damages — including medical expenses, lost wages, future care costs, disability, and non-pecuniary losses like pain and suffering.

The Road Traffic Act reinforces this by imposing strict liability on drivers involved in accidents: if a driver violates traffic rules (e.g., speeding, running a red light), they are presumed at fault unless they prove otherwise.

Victims have three years from the date they become aware of both the damage and the perpetrator to file a civil claim — known as the statute of limitations for tort claims.

Statutory Text

A person who causes loss to another person by an unlawful act shall be liable to compensate for such loss.

Civil Act, s. 750 — Liability for Unlawful Acts
Statutory Text

Where a motor vehicle operator violates road traffic regulations and thereby causes injury or death, the operator shall be presumed to have been negligent.

Road Traffic Act, s. 125 — Presumption of Negligence

What to Do

1

Gather all evidence: police report, medical records, repair estimates, wage statements, and photos.

2

Send a formal written demand for additional compensation to the at-fault party or their insurer.

3

File a civil lawsuit at the district court where the defendant resides or where the accident occurred.

4

Consider applying for free legal aid through the Korea Legal Aid Corporation (KLAC) if income-eligible.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.