The number of registered motor vehicles was about 26 million in Korea in 2017, which is 50 times growth compared to 530 thousand vehicles in 1980. Reported personal injury recorded 220,917 in 2016, but the Police assumes that only 20% of the entire pe...
The number of registered motor vehicles was about 26 million in Korea in 2017, which is 50 times growth compared to 530 thousand vehicles in 1980. Reported personal injury recorded 220,917 in 2016, but the Police assumes that only 20% of the entire personal injuries are being reported. If we include property damages, it is estimated that approximately 1.5 million road traffic accidents are occurring each year. The Korean National Police Agency (KNPA) does not sub-categorize the property damage by vehicle accidents, therefore it is difficult to measure the portion of accidents caused by opened vehicle doors (ACOV). However, we can observe from day-to-day police practice that many police officers receive ACOVs reports. Although damages from ACOVs are often minor, the level of damage tolerance of the citizens are getting lower that we expect damage reports are to increase in coming years. We categorized the ACOV into three sub-categories based on the conceptual definition of road traffic accident and drivers’ legal and professional status. We argue that certain types of accidents should be considered as negligence accidents rather than road traffic accidents because the actor’s status does not constitute the driver, and the social and continual requirement as profession. Such accidents include accidents caused by opening the door from outside with the intention to drive but before the start of the engine, accidents caused by opening the door from inside to search the car, accidents by actors without intention to driver the car.
Therefore, we further advise that article 21 KNPA’s Road Traffic Accident Rule, related police manuals and executive orders on road traffic accident investigation should be revised accordingly. With such revision, we expect that not only the police can provide better and clearer law enforcement service to the general public and enhance the level of public trust, but also promote prompt recovery of the damage and realize the purpose of the Act on Special Cases Concerning the Settlement of Traffic Accidents.