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Court dismisses suit over 12-year-old's death in alleged unintended acceleration

Published: 13 May. 2025, 15:57 Updated: 13 May. 2025, 18:17

A picture showing a suspected sudden unintended acceleration crash in Gangneung, Gangwon in December 2022. [GANGNEUNG FIRE STATION]

The family of a 12-year-old boy who died in a crash in Gangneung, Gangwon, lost their lawsuit against carmaker KG Mobility alleging sudden unintended acceleration on Tuesday, as the court ruled there was no evidence of a vehicle defect.

The Chuncheon District Court dismissed the family’s 920 million won ($650,000) damage suit against KG Mobility, formerly SsangYong Motor.

The court rejected the plaintiffs’ claim that a defect in the vehicle’s electronic control unit (ECU) software caused unintended acceleration, and that the automatic emergency braking system failed to activate during rapid acceleration.

"It was difficult to conclude that the incident was caused by a technical defect," the ruling said. “It appears that the driver — the boy’s grandmother — may have mistaken the accelerator for the brake pedal.”

The case involved the death of Lee Do-hyun, who was in the passenger's seat when the vehicle crashed.

The late boy's family argued it's "impossible for the driver to have mistaken the accelerator for the brake pedal during the roughly 30-second episode of sudden acceleration,” adding that “this was a typical case of sudden unintended acceleration caused by a defect in the electronic control unit ECU software.”

KG Mobility countered with data from the event data recorder (EDR), which showed a full-throttle input during the crash. The company also cited a government investigation that supported the pedal error theory.

The two sides engaged in a prolonged legal battle for over two and a half years, with the trial examining the credibility of the EDR data, an audio analysis of black box footage, a reconstruction of the crash through on-site driving tests and expert testimony on ECU software — a first in Korean court proceedings for this type of case.

While most sudden acceleration claims have ended with findings of driver error, this case drew widespread attention after the recording containing the voice of the boy’s grandmother pleading “Why isn’t this working, Do-hyun?” during the incident was made public and fueled public belief that the car may have malfunctioned.

Public sympathy mounted for the family as petitions requesting leniency for the grandmother poured in from Gangneung and across the country.

Police had previously dropped criminal charges against the driver, citing limitations in the National Forensic Service’s analysis, which found no mechanical fault but acknowledged the possibility of pedal misapplication.

Lee Sang-hoon, the boy's father, said after Tuesday's ruling that he would file an appeal immediately.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY LEE JI-YOUNG [[email protected]]