Han Musang, who lost his wife, daughter, and grandson, appeals to the Supreme Court... "Requesting an open hearing"
1st and 2nd trials: "The car stops when the brake pedal is pressed... it was not pressed firmly"
On August 2, 2016, in Gamman-dong, Nam-gu, Busan, former taxi driver Han Musang was heading to the beach for water play with his wife, daughter, and two young grandchildren in a 2002 Hyundai Santa Fe. After passing Solgae Bridge near Gamman-dong, the Santa Fe suddenly accelerated. Han pressed the brake several times, but the vehicle lost control and began to speed up rapidly.
Busan Gammandong Traffic Accident Scene. Han's vehicle shook as it sped forward, turning the interior into a scene of chaos in an instant. The last thing recorded on the black box was Han's wife urgently shouting, "Baby, baby." The vehicle crashed into the rear of a trailer parked by the roadside and was completely destroyed. Four family members, excluding Han, died in the accident. The tragedy occurred on the day the second grandchild, just over 100 days old, was going on their first picnic.
Han was charged with violating the Traffic Accident Processing Act (causing death) and underwent police and prosecution investigations but was ultimately not prosecuted. At the time, the prosecution concluded, "Even if the accelerator pedal was mistaken for the brake, it is unlikely that the accelerator pedal was pressed forcefully enough to cause sudden acceleration on city roads or that the accelerator pedal was continuously pressed for 14 seconds," and closed the case with no charges.
Exactly seven years after the incident, on the 2nd, the tragedy that took the lives of four family members remains ongoing. Han is continuing a lawsuit seeking damages worth 10 billion KRW against Hyundai Motor Company and Bosch Korea, which manufactured and supplied the high-pressure fuel pump to Hyundai. Both the first and second trials ended in complete victories for Hyundai and Bosch Korea. The courts ruled that Hyundai and Bosch Korea bear no responsibility to compensate Han for damages.
The first and second trial courts accepted the forensic results from the National Forensic Service, which found no abnormalities such as fuel or oil leaks around the engine and high-pressure fuel pump of Han's vehicle that would suggest malfunction. Conversely, the courts rejected the claims of sudden unintended acceleration made by automotive master mechanic Park Byung-il, who was commissioned by Han to inspect the vehicle, labeling it as "private appraisal" and not accepting it as evidence.
Furthermore, the first and second trial courts assumed that even if a defect in the engine or other parts caused the vehicle to generate driving force, the vehicle would inevitably stop within a certain distance if the brake pedal was properly pressed. They inferred that Han, who had long experience as a taxi driver and in delivery driving, caused the accident by not firmly pressing the brake pedal. They also did not exclude the possibility that Han mistakenly pressed the accelerator pedal instead of the brake pedal at the time of the accident.
The first and second trial courts judged, "The brake system of the accident vehicle can be recognized as functioning normally, and if the brake had been properly applied, the vehicle would have stopped within a certain distance." They added, "Considering that it is impossible to confirm whether the brake lights were on at the time of the accident, it is possible that Han either did not press the brake pedal or mistakenly pressed the accelerator pedal."
They further stated, "The manufacturer's liability for damages due to product defects must be proven by the claimant. The private appraisal results submitted by the plaintiff are difficult to trust due to procedural fairness, objectivity, and issues with preserving the appraisal vehicle." They concluded, "Therefore, it cannot be presumed that this accident was caused by a defect in the Santa Fe, and the plaintiff's claim is dismissed."
Han appealed to the Supreme Court for a ruling. Han stated, "The first and second trial courts misunderstood that the accident occurred because I misoperated the accelerator and brake pedals. Hyundai and Bosch Korea refuse to comply with document submission orders related to the case, citing trade secrets, making it impossible for me as a consumer to prove the cause of the sudden acceleration accident. Yet, the lower courts ruled in favor of Hyundai, saying I failed to prove it properly."
Han's attorney, Lawyer Ha Jong-seon, said, "Whether the driver was operating the vehicle normally should be judged based on the moment the sudden acceleration occurred. However, the first and second trial courts only considered whether the driver pressed the brake and erred in judging whether the driving was proper." He added, "The courts ignored witness testimonies about loud noises that do not occur in normally running vehicles and did not examine the difference between the engine sound during sudden acceleration and the engine sound when the accelerator pedal is fully pressed during normal driving."
He also said, "All the appraisers who submitted the private appraisal reports are among the top automotive experts in Korea, and the appraisals were conducted under media coverage. Judging the appraisal results as unreliable demands procedural fairness and objectivity standards far stricter and more unrealistic than the rationality standards recognized by the Supreme Court."
Additionally, Han's side requested the Supreme Court to hold a public hearing, stating, "The first and second trial courts imposed the burden of proving sudden acceleration caused by software defects, which ordinary people cannot uncover, on the ordinary consumer plaintiff, resulting in a loss."
Lawyer Ha stated, "We ask the Supreme Court to combine this case with the BMW sudden acceleration case currently pending and hear expert testimonies on vehicle sudden acceleration, along with opinions from national agencies and related organizations, to conduct detailed hearings and reviews."
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