How do I settle with a traffic accident offender?

What the Law Says

South Korean law provides multiple formal pathways to settle traffic accident disputes without going to trial. The primary statutes define when and how parties may reach binding settlements, including limits on police mediation authority and time limits for initiating claims.

Under the Road Traffic Act, drivers involved in an accident must report it to the police within 24 hours if there is injury or property damage exceeding ₩2 million — or within 14 days for minor incidents with no injury. Failure to report may result in fines or license suspension.

The Civil Act governs private settlement agreements. A written settlement (‘hwahae’) has the same legal effect as a final court judgment once both parties sign and it is notarized or confirmed by a court mediator.

The Road Traffic Act also authorizes police officers to mediate disputes where total damages do not exceed ₩20 million. Such mediation is voluntary and non-binding unless both parties accept the outcome in writing.

Statutory Text

When a road traffic accident occurs, the driver shall immediately stop the vehicle and take necessary measures such as providing first aid and reporting the accident to the police without delay.

— Road Traffic Act, s. 51 — Duty to Report Accidents

Statutory Text

Where the amount of damage does not exceed twenty million won, a police officer may mediate between the parties upon their joint application.

— Road Traffic Act, s. 125 — Police Mediation Authority

Statutory Text

A settlement agreement concluded in accordance with the provisions of this Act shall have the same effect as a final judgment.

— Civil Act, s. 732 — Effect of Settlement Agreement

What to Do

Sources