A firefighter conducts rescue operations at the scene of a suspected sudden unintended acceleration accident that occurred in Gangneung, Gangwon Province, in December 2022. (Image provided by Gangneung Fire Department)
GANGNEUNG, South Korea, May 13 (Korea Bizwire) — The family of a 12-year-old boy who died in a suspected sudden unintended acceleration (SUA) incident in late 2022 has lost a civil lawsuit against the vehicle manufacturer, underscoring the legal challenges consumers face in proving vehicle defects under South Korea’s current product liability law.
The accident occurred in December 2022 in Gangneung, Gangwon Province, when Lee Do-hyun was fatally injured in what his family claimed was a sudden acceleration incident. Despite exhaustive expert reviews and technical assessments, the court ruled against the family on Tuesday, citing the lack of conclusive evidence of a manufacturing defect.
Under South Korea’s Product Liability Act, the burden of proof rests entirely with the consumer, making it extremely difficult for plaintiffs to succeed in SUA-related lawsuits—often labeled “battles on a tilted playing field.” Between 2010 and March 2024, the Korea Transportation Safety Authority recorded 791 suspected SUA cases, none of which were officially recognized as caused by vehicle defects.
To date, not a single South Korean Supreme Court ruling has held a manufacturer liable for sudden acceleration. Only four lower court cases have awarded limited damages, including a 2018 incident involving a BMW on an expressway in southern Korea. That case is still pending a final decision at the Supreme Court.
In stark contrast, a landmark 2013 U.S. jury verdict in Oklahoma awarded $3 million to victims of a Toyota Camry SUA crash, based on software defect analysis by the Barr Group. Toyota ultimately settled before punitive damages were determined.
In Gangneung, Gangwon Province, a ‘reenactment test’ to determine whether a defect in the vehicle caused the sudden unintended acceleration of a car that killed Lee Do-hyun (12 years old at the time of his death) in December 2022 was held on the afternoon of April 19 at Hoesan-ro in Gangneung City. Cameras and transmission diagnostics are being installed on the 2018 Tivoli Air, the same model as the accident vehicle. (Image courtesy of Yonhap)
Mounting Legislative Pressure: The “Do-hyun Law”
The growing number of SUA complaints has fueled efforts to amend South Korea’s product liability law. In particular, the proposed “Do-hyun Law”—named after the victim—aims to shift the burden of proof from consumers to manufacturers, especially in cases involving technologically complex products like modern vehicles.
Eight such amendments are currently pending in the National Assembly. These bills call for:
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Reversing the burden of proof when scientific or technical complexity makes it overly difficult for the plaintiff to demonstrate a defect.
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Strengthening disclosure rules to compel automakers to submit critical documents, even those classified as trade secrets, if they are essential to proving liability.
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Imposing penalties for failing to comply with document requests, including presuming facts to be true in the plaintiff’s favor.
The draft legislation reflects new guidelines adopted by the European Union in 2024, which expand protections for consumers involved in complex product liability cases.
Despite these efforts, a previous set of five related bills was discarded at the end of the 21st National Assembly’s term, amid concerns about their potential impact on the domestic automotive industry.
Photo taken on May 23, 2023, the date of the first civil trial over the suspected sudden unintended acceleration accident that occurred in Gangneung in December 2022. Pictured are over 17,000 petition letters submitted from across the country.
Family and Advocates Demand Change
Speaking after the court’s dismissal, attorney Ha Jong-seon, who represents the Lee family, urged lawmakers to enact the Do-hyun Law.
“How long must South Korean drivers bear the burden of proof while manufacturers remain silent?” Ha asked. “We’ve spent tens of millions of won out of pocket for expert reviews, only to be met with scientifically unconvincing rulings.”
Lee Sang-hoon, Do-hyun’s father, echoed the sentiment. “The automaker hides the truth in silence. The state turns away. The law protects corporations. Where is the law that protects the people?”
Unless the law changes, legal experts warn that South Korean consumers will continue to face near-impossible odds in holding automakers accountable for suspected sudden acceleration incidents.
In December 2022, a suspected sudden acceleration accident in Gangneung resulted in the loss of a 12-year-old grandson. The grandmother, who was booked on charges of fatal traffic accident under the Special Act on Traffic Accident Handling, completed a police investigation in March 2023 and is seen leaving the police station with the support of her son. (Image courtesy of Yonhap)
M. H. Lee (mhlee@koreabizwire.com)
