Suspicion of Sudden Acceleration Incident in Gangneung, Legal Judgment to be Delivered After 2 Years and 6 Months
On the 13th, the responsibility for the death of Lee Do-hyun (12 years old at the time), which occurred in Gangneung, Gangwon Province in December 2022, will be determined after 2 years and 6 months of legal battles.
The Civil Division 2 of the Chuncheon District Court, Gangneung Branch (Chief Judge Park Sang-jun) is scheduled to announce the first-instance judgment of the lawsuit filed by the driver of the vehicle involved, Ms. A (68), and the family of the deceased boy, against KG Mobility (KGM), the automobile manufacturer, for 920 million won in damages at 1:30 PM today.
This lawsuit originated from a traffic accident that occurred around 3:56 PM on December 6, 2022, on a road in Hongje-dong, Gangneung.
At the time, Ms. A was driving a Tivoli Air vehicle, which fell into a drainage ditch, resulting in the death of her grandson, Do-hyun. The driver and the family claimed that the accident resulted from 'sudden acceleration' and filed a lawsuit against the manufacturer.
The controversy over sudden acceleration and the burden of proof
The plaintiffs initially filed for 760 million won in damages, but later increased the claim to 920 million won by adding the medical expenses for Ms. A, who was receiving treatment due to the shock from the accident, as well as compensation for post-traumatic stress disorder (PTSD).
On the other hand, the defendant KGM maintains a contrary position, arguing that the driver was responsible for 'pedal misoperation.'
Notably, in this case, which is running parallel to criminal proceedings, Ms. A has recently been exonerated by investigative agencies. Additionally, during the litigation process, a 'sudden acceleration reenactment test'—which is rare in the country—was conducted at the accident site.
Separately from the truth of the accident, Do-hyun’s father raised the issue of "why the driver has to prove a sudden acceleration accident," generating social consensus and leading to the legislative movement known as the 'Do-hyun Law' which calls for amendments to the product liability law.
After the final hearing in March, both parties have submitted their final written arguments to the court, just awaiting judgment.
Ahead of the first-instance verdict, Do-hyun's father, Lee Sang-hoon, said, "In the unreasonable and unfair situation in the Republic of Korea where the consumer must prove the cause of vehicle defects, I have done my best to fulfill the burden of proof for 2 years and 6 months," adding, "I hope the truth that 'sudden acceleration exists' will be revealed."
This ruling could serve as an important precedent for lawsuits related to sudden acceleration of automobiles in the country, drawing attention from both the legal community and the automotive industry. There is particular interest in how the court will judge the issue of burden of proof under product liability law.
Image source: Site of the suspected sudden acceleration incident that occurred in Gangneung, Gangwon Province in December 2022 / Provided by Gangneung Fire Station. In the ongoing civil lawsuit to determine responsibility for the suspected sudden acceleration incident that took place in Gangneung in December 2022, the driver’s side conducted an automatic emergency braking (AEB) function reenactment test in a church parking lot in Gangneung on the 27th / News1, The grave of the late Lee Do-hyun / Provided by Gangwon Provincial Council.
