The amendment to the Guarantee of Automobile Accident Compensation Act, which prescribes certain provisions on autonomous driving vehicles and autonomous driving vehicle accidents, will become effective on October 8, 2020.  Accordingly, the Ministry of Land, Infrastructure and Transport (the “MOLIT”) has provided a notification discussing the proposal for the Regulation on the Organization and Operation of the Autonomous Driving Vehicle Accident Investigation Committee (the “Committee”) which sets forth matters regarding its operation and accident investigation procedures (the “Notification”).  Please find below the main points of the Notification. 

1.   Operation of the Committee

• The Committee is comprised of experts from (i) the technology sector, (ii) the public road infrastructure sector, (iii) the public sector (which includes governmental research institutes), and (iv) the private sector (which includes insurance companies, and automobile and automobile parts manufacturers) (Article 3 of the Notification).  

• The Korea Automobile Testing and Research Institute of the Korea Transportation Safety Authority will establish the administrative department of the Committee which will prepare accident investigation reports, etc. (Article 9 (1) of the Notification). 

2.   The Committee’s Accident Investigation Procedures

• If or when an autonomous driving vehicle accident occurs, an insurance company which receives a report on the accident will prepare the report in the format as prescribed in the Notification (Article 15 (1) of the Notification).  Subsequently, the Committee will collect and analyze the information which is recorded in the autonomous driving information recording system to conduct its investigation (Articles 12 and 13 (1) of the Notification).  The Committee also may probe or examine any unreported cases as it may deem necessary or proper for its investigation or as may be requested by the Minister of Land, Infrastructure and Transport (Article 12 of the Notification). 

• The Committee may request (i) the vehicle manufacturer to provide the information recorded in the accident recording system and (ii) the insurance company to submit any relevant photographs taken at the accident site as well as documents and materials prepared arising from or in connection with the accident (Article 16 of the Notification).  Moreover, the Committee may ask specific questions about the accident or request the vehicle owner and the vehicle manufacturer to submit an accident report, etc., as it may deem necessary or proper for its investigation (Article 18 (1) of the Notification). 

• If the Committee suspects a vehicle defect during its investigation, it would be required to provide any relevant information to the vehicle performance testing agency after deliberation and resolution.  Thereafter, the Committee would be required to review the results of the investigation by the vehicle performance testing agency and record/safeguard the main contents (Article 13 of the Notification). 

3.   The Committee’s Accident Investigation Report and Provision of Information

• The Committee is responsible for engaging in deliberation and issuing a conclusion/resolution on the results of autonomous driving vehicle accidents.  In this connection, after the Committee completes its investigation of a case, it would be required to prepare an accident investigation report (Articles 6 (1) and 22 of the Notification).  If or when an interested party requests the Committee to re-deliberate and re-issue its conclusion/resolution based on objective facts which clearly conflict with its accident investigation report, the Committee may—but would not be required to—do so (Article 6 (2) of the Notification).

• The victim of an autonomous driving vehicle accident, the manufacturer of the vehicle at issue, and the insurance company which pays insurance proceeds may request the Committee to provide its accident investigation records as well as its analysis and/or results of its investigation (Article 24 (1) of the Notification).  Moreover, the Committee would be required to provide any other pertinent information upon request by the court or relevant investigative agency (Article 24 (4) of the Notification). 

Under the Notification, the Committee may expand the scope of its investigation on autonomous driving vehicle accidents to include its investigation on manufacturing defects.  As such, manufacturers and importers should give careful thought and consideration during their accident response procedures (i.e., during their preparation and submission of materials) so as to avoid or minimize the risk that the Committee may expand the scope of a vehicle accident investigation to encompass a manufacturing defect investigation. 

[Korean version]