'Deadly "Panspring" Accidents on Roads... 99% Lose Lawsuits Against Road Corporation'

Democratic Party Lawmaker Kim Du-kwan: "Enforcement and Penalties Must Be Strengthened"

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Despite the continuous occurrence of falling object accidents on the roads, crackdowns on improperly loaded vehicles have faced difficulties. Moreover, even when accidents occur, it is challenging to identify the perpetrators, and in such cases, victims can claim compensation from Korea Expressway Corporation; however, it has been found that victims rarely win these cases.

According to data submitted by Korea Expressway Corporation to Kim Du-gwan, a member of the National Assembly Land, Infrastructure and Transport Committee from the Democratic Party of Korea, over the past five years, highway falling object accidents have consistently occurred with 43 cases in 2017, 40 cases in both 2018 and 2019, 37 cases in 2020, and 39 cases in 2021. From January to June this year, a total of 18 falling object accidents were recorded.

Source: Office of Assemblyman Kim Du-kwan

Falling object accidents are often called "accidents with only victims" because it is difficult to identify the perpetrators. The panspring accident is a representative example. Pansprings, known as "weapons on the road," are cushioning devices installed under vehicles to absorb shocks from the road surface. However, some cargo trucks use pansprings as supports wedged beside the cargo bed to prevent cargo from spilling out when the bed opens sideways. Accidents frequently occur where pansprings fall off cargo trucks while driving and fly into nearby vehicles.

Over the past five years, 21 vehicles have been damaged by panspring accidents, but there has not been a single case where the offending vehicle was identified. In such cases, victims can claim compensation from Korea Expressway Corporation.

However, Korea Expressway Corporation’s win rate in such lawsuits is reported to be as high as 99%. From 2017 to 2021, out of 556 lawsuits, there were no cases where Korea Expressway Corporation lost entirely. There were 2 partial wins and 554 complete wins. Even in cases of partial wins, the compensation awarded was less than 50% of the claimed amount.

So far this year, there has not been a single case where the Expressway Corporation was ordered to pay compensation. Excluding 16 pending cases, Korea Expressway Corporation has won all 14 concluded cases.

On the ground, there are difficulties in cracking down on improperly loaded vehicles. Last year, Korea Expressway Corporation piloted the "AI-based Non-face-to-face Improper Loading Automatic Enforcement System." This system effectively selects suspected improperly loaded vehicles through AI video analysis after photographing cargo truck beds. In fact, the number of reports at expressway offices with the AI improper loading automatic enforcement system installed increased 2.4 times compared to the previous year, and in 2021, the number of improper loading enforcement cases for cargo trucks reached 115,576, the highest in the past five years.

However, operation has been suspended since May this year due to a ruling by the National Police Agency interpreting a violation of the Personal Information Protection Act. Under current law, Korea Expressway Corporation is not considered the entity responsible for installing CCTV. A Korea Expressway Corporation official stated, "We plan to continuously propose legal amendments to the Ministry of Land, Infrastructure and Transport and the police."

There are also criticisms that even if improperly loaded vehicles are cracked down on, the fines and penalties are too low to be effective. Currently, fines range from 40,000 to 50,000 KRW, and penalties are around 50,000 to 60,000 KRW. Korea Expressway Corporation has announced plans to double these amounts.

Assemblyman Kim Du-gwan said, "Falling object accidents can happen to anyone at any time. Since it is difficult to identify the offending vehicles, it is important to conduct continuous crackdowns on improperly loaded vehicles to prevent accidents in advance." He added, "Punishments for improperly loaded vehicles should be strengthened, and a system should be established to ensure victims receive appropriate compensation."

This content was produced with the assistance of AI translation services.