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National Assembly Legislation

  • Guarantee of Automobile Accident Compensation Act
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2019-06-07
    • Opinion Submission Deadline : 2019-06-21
Reasons for Proposal

As competition for technology development of autonomous driving vehicles is accelerating globally, and the commercialization of level 3 autonomous driving vehicles will come true in Korea in the near future, we have growing interest in insurance against automobile accidents, taking into account technical progress in autonomous driving vehicles. 

Currently, most of automobile accidents are attributed to the negligence of drivers. However, in the case of autonomous vehicles, accidents may occur for various reasons, in addition to the negligence of drivers. Thus, if an operator and a manufacturer are in extended and exhausting disputes over the causes of accidents, the remedy of victims is likely to be delayed or neglected.

Given this, the Act aims to set up necessary systems for the prompt remedy of victims of autonomous vehicle accidents by preemptively establishing the principle of damage compensation and a system for fair responsibility division between an operator and a manufacturer, in preparation for the commercialization of autonomous vehicles, thus reducing public anxiety and social costs and supporting the development of the automobile industry. 


Details


A.Apply the current operator responsibility principle, etc., under the Guarantee of Automobile Accident Compensation Act to autonomous vehicles by newly inserting a provision on the definition of autonomous vehicles (Article 2, subparagraphs 1-2 and 9 newly inserted);

B.Entitle an insurer which has compensated damages arising from an autonomous vehicle accident to claim reimbursement against a liable party, such as a manufacturer, etc., if the accident occurred due to defects in the autonomous vehicle (Article 29-2 newly inserted);

C.Attach units for recording autonomous driving data to autonomous vehicles; and establish an autonomous vehicle accident investigation committee to determine the causes of accidents, if any, through the collection and analysis of the units (Article 39-14 through Article 39-17 newly inserted). 


Major Provisions

Payment of Insurance Premiums, etc., for Autonomous Vehicle Accidents (Article 29-2); Duties of the Autonomous Vehicle Accident Investigation Committee (Article 39-15); Cooperation of the Related Administrative Agencies, etc. (Article 39-16); and Duties of the Interested Parties (Article 39-17)

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