Court: "Application of 'State Compensation Act' to Accidents Involving USFK Official Vehicles"
If a person died after rear-ending a US Forces Korea armored vehicle while driving under the influence, the Supreme Court ruled that the Korean government bears partial liability for compensation.
The Supreme Court's First Division (Presiding Justice Kim Seon-su) announced on the 16th that it upheld the appellate court's partial ruling in favor of the plaintiff in a subrogation claim lawsuit filed by Samsung Fire & Marine Insurance against the state.
In August 2020, Mr. A was driving with a blood alcohol concentration of 0.193% when he rear-ended the rear part of a US Forces Korea armored vehicle traveling ahead. All four occupants in the vehicle, including Mr. A, died in the accident.
At the time of the accident, the US Forces Korea armored vehicle was found to have violated the Road Traffic Act and US Forces Korea regulations by having only one rear light on and not deploying escort vehicles.
Samsung Fire & Marine Insurance, the insurer of the accident vehicle, paid a total of 248 million KRW to two deceased passengers and then filed a lawsuit against the Korean government, claiming 30% of the paid insurance amount as subrogation, asserting that the US Forces Korea side was responsible for the accident.
According to the Status of Forces Agreement (SOFA), if a US Forces Korea member causes damage to a third party other than the Korean government while performing official duties, the liability for compensation lies with the Korean government.
The first trial acknowledged that the US Forces Korea armored vehicle violated its duty of care. However, considering that Mr. A was intoxicated, exceeded the speed limit in rainy conditions, and there was no evidence of brake operation, the court ruled that even if the armored vehicle had its rear lights on or was accompanied by escort vehicles, the accident could not have been avoided, thus ruling against the plaintiff.
However, the appellate court recognized that although Mr. A was largely at fault, the US Forces Korea armored vehicle also bore some fault, and ordered the government to pay Samsung Fire & Marine Insurance 24.84 million KRW. It held that the armored vehicle owned by US Forces Korea is not classified as military supplies under the Military Supplies Management Act, thus the Korean government has compensation liability.
The Supreme Court also ruled that the appellate court's judgment was correct. Although the appellate court erred by applying the Automobile Damage Compensation Act instead of the State Compensation Act, which should apply to accidents involving US Forces Korea official vehicles under SOFA regulations, the Supreme Court stated that since the conclusion recognizing the government's liability for damages was appropriate, this error does not affect the appellate court's ruling.
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