South KoreaWho is responsible for an accident during designated?
The designated driver service provider (not the intoxicated customer) is legally responsible for accidents caused during service, as they assume control of the vehicle and duty of care under Korean law.
What the Law Says
Under South Korean law, the designated driver service provider assumes full legal responsibility for safe operation of the vehicle once service begins. This includes liability for damages arising from accidents caused by negligence or violation of traffic laws.
The Civil Act governs tort liability for damages caused by unlawful acts. Article 756 states: 'A person who manages a thing for another person’s benefit shall be liable for damages caused to a third person by his or her intentional act or negligence in managing the thing.' Since the designated driver manages the vehicle on behalf of the customer, this provision applies directly.
The Road Traffic Act reinforces this duty: 'A driver shall drive a vehicle with due care and attention to prevent danger to persons or property' (Article 3). The designated driver — not the intoxicated passenger — is the statutory 'driver' under this provision and thus bears the legal duty of safe operation.
Importantly, courts have consistently held that contractual arrangements between the customer and service provider do not relieve the provider of statutory duties toward third parties. The customer’s intoxication does not transfer liability — the provider voluntarily assumed control and responsibility.
Statutory TextA person who manages a thing for another person’s benefit shall be liable for damages caused to a third person by his or her intentional act or negligence in managing the thing.
— Civil Act, s. 756 — Liability for management of another's property
Statutory TextA driver shall drive a vehicle with due care and attention to prevent danger to persons or property
— Road Traffic Act, s. 3 — Duty of drivers
What to Do
Immediately report the accident to police and obtain an official accident report (사고확인서).
Preserve all service records (booking time, driver ID, vehicle info, GPS logs).
Notify the designated driver company in writing within 24 hours.
File a claim with the company’s liability insurer — providers are required to carry third-party auto liability insurance.
If injured or damaged, file a civil claim within 3 years from the date of accident (Civil Act, s. 766).
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.