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The Mobility Team at LIN LLC continuously monitors the latest news, legislative updates, and regulatory trends in the automotive industry and issues newsletters to clients on a periodic basis.
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The Mobility Team of LIN LLC monitors technological, legislative, and regulatory developments in the automotive and future mobility industries and presents an overview of significant issues.
The mobility sector has recently seen an expansion of vehicle safety assessments directed at pedestrian protection. In Korea, the Government has also issued an advance legislative notice of proposed revisions to the post-sale regulatory framework governing corrective actions for manufacturing defects and the supply of parts. This issue addresses (i) the publication of the results of the first pedestrian crash protection assessments in the United States, and (ii) the principal provisions and implications of the proposed amendment to the Enforcement Rules of the Motor Vehicle Management Act.
The mobility sector has recently seen an expansion of vehicle safety assessments directed at pedestrian protection. In Korea, the Government has also issued an advance legislative notice of proposed revisions to the post-sale regulatory framework governing corrective actions for manufacturing defects and the supply of parts. This issue addresses (i) the publication of the results of the first pedestrian crash protection assessments in the United States, and (ii) the principal provisions and implications of the proposed amendment to the Enforcement Rules of the Motor Vehicle Management Act.
U.S. National Highway Traffic Safety Administration (NHTSA) Publishes Results of Its First Pedestrian Crash Protection Assessments
Disclosure of Front-End Pedestrian Protection Performance Commencing with Model Year 2027 Vehicles
On September 18, 2026, the U.S. National Highway Traffic Safety Administration (NHTSA) published the results of its first pedestrian crash protection assessments, which were introduced into the U.S. New Car Assessment Program (NCAP). Among model year 2027 vehicles, 102 models from 10 manufacturers satisfied the applicable performance criteria. The rating page for each vehicle indicates whether the vehicle has passed or failed the new pedestrian protection criteria, or whether the rating is pending or has not been submitted. The assessment evaluates the risk of injury arising from impact between (i) the head of a child or adult and the hood and windshield areas, (ii) the upper leg and the hood leading edge, and (iii) the knee and lower leg and the bumper.
This assessment is to be distinguished from the evaluation of automatic emergency braking (AEB) systems, which detect pedestrians and avoid collisions; it instead evaluates the extent to which a vehicle’s structure mitigates pedestrian injury in the event of an actual collision. The assessment was adopted in 2024, and the results of the first assessments have now been published. As NCAP is a program designed to provide safety information to consumers, it is distinct from the Federal Motor Vehicle Safety Standards (FMVSS), compliance with which is a statutory prerequisite to the sale of a motor vehicle in the United States.
Vehicle manufacturers and component suppliers serving the U.S. market are advised to evaluate the impact of any change in the design or specifications of bumpers, hoods, and related components on pedestrian protection performance. Furthermore, advertisements containing claims such as “Top U.S. Safety Rating” should clearly specify the model year and the assessment categories to which the rating pertains, and should be reviewed to ensure that they do not create the misleading impression that existing crash safety ratings extend to the new pedestrian protection assessment.
On September 18, 2026, the U.S. National Highway Traffic Safety Administration (NHTSA) published the results of its first pedestrian crash protection assessments, which were introduced into the U.S. New Car Assessment Program (NCAP). Among model year 2027 vehicles, 102 models from 10 manufacturers satisfied the applicable performance criteria. The rating page for each vehicle indicates whether the vehicle has passed or failed the new pedestrian protection criteria, or whether the rating is pending or has not been submitted. The assessment evaluates the risk of injury arising from impact between (i) the head of a child or adult and the hood and windshield areas, (ii) the upper leg and the hood leading edge, and (iii) the knee and lower leg and the bumper.
This assessment is to be distinguished from the evaluation of automatic emergency braking (AEB) systems, which detect pedestrians and avoid collisions; it instead evaluates the extent to which a vehicle’s structure mitigates pedestrian injury in the event of an actual collision. The assessment was adopted in 2024, and the results of the first assessments have now been published. As NCAP is a program designed to provide safety information to consumers, it is distinct from the Federal Motor Vehicle Safety Standards (FMVSS), compliance with which is a statutory prerequisite to the sale of a motor vehicle in the United States.
Vehicle manufacturers and component suppliers serving the U.S. market are advised to evaluate the impact of any change in the design or specifications of bumpers, hoods, and related components on pedestrian protection performance. Furthermore, advertisements containing claims such as “Top U.S. Safety Rating” should clearly specify the model year and the assessment categories to which the rating pertains, and should be reviewed to ensure that they do not create the misleading impression that existing crash safety ratings extend to the new pedestrian protection assessment.
Advance Legislative Notice of Proposed Amendment to the Enforcement Rules of the Motor Vehicle Management Act
Enhanced Oversight of Delayed Recalls and Revision of Parts Supply Periods
On September 23, 2026, the Ministry of Land, Infrastructure and Transport (MOLIT) issued an advance legislative notice of a draft Ordinance partially amending the Enforcement Rules of the Motor Vehicle Management Act, with a view to improving the post-sale regulatory framework governing corrective actions for manufacturing defects and the supply of parts. Comments may be submitted until November 2, 2026, and the amendment will take effect upon promulgation.
The proposed amendment would require a manufacturer that has given notice of a defect but has not yet commenced the recall to update its corrective action plan periodically and report it to MOLIT. It would further require that, where a substantial number of vehicles remain unremedied following commencement of the recall, the manufacturer provide owners with supplementary notice of the defect and the corrective action plan. The amendment is intended to ensure that the disclosure of a defect is followed by its actual remedy.
The proposed amendment would also reduce unnecessary administrative procedures associated with recalls. Where a manufacturer’s payment of monetary compensation to owners has continued over an extended period, the manufacturer would be permitted, subject to specified requirements, to discontinue periodic reporting on the status of such compensation; the underlying compensation obligation, however, would remain in effect. In addition, a vehicle from which the defective part has already been removed in the course of a vehicle modification (tuning), and in respect of which the owner has acknowledged that no further repair is required, would be deemed a remedied vehicle for purposes of calculating the recall completion rate.
The proposed amendment is significant in that it reinforces manufacturers’ oversight of recall implementation so as to ensure that recalls result in actual repairs. Manufacturers are advised to evaluate, from the outset of recall planning, both the availability of replacement parts and the capacity of their service networks, and to manage follow-up notifications to owners of vehicles that remain unremedied.
On September 23, 2026, the Ministry of Land, Infrastructure and Transport (MOLIT) issued an advance legislative notice of a draft Ordinance partially amending the Enforcement Rules of the Motor Vehicle Management Act, with a view to improving the post-sale regulatory framework governing corrective actions for manufacturing defects and the supply of parts. Comments may be submitted until November 2, 2026, and the amendment will take effect upon promulgation.
The proposed amendment would require a manufacturer that has given notice of a defect but has not yet commenced the recall to update its corrective action plan periodically and report it to MOLIT. It would further require that, where a substantial number of vehicles remain unremedied following commencement of the recall, the manufacturer provide owners with supplementary notice of the defect and the corrective action plan. The amendment is intended to ensure that the disclosure of a defect is followed by its actual remedy.
The proposed amendment would also reduce unnecessary administrative procedures associated with recalls. Where a manufacturer’s payment of monetary compensation to owners has continued over an extended period, the manufacturer would be permitted, subject to specified requirements, to discontinue periodic reporting on the status of such compensation; the underlying compensation obligation, however, would remain in effect. In addition, a vehicle from which the defective part has already been removed in the course of a vehicle modification (tuning), and in respect of which the owner has acknowledged that no further repair is required, would be deemed a remedied vehicle for purposes of calculating the recall completion rate.
The proposed amendment is significant in that it reinforces manufacturers’ oversight of recall implementation so as to ensure that recalls result in actual repairs. Manufacturers are advised to evaluate, from the outset of recall planning, both the availability of replacement parts and the capacity of their service networks, and to manage follow-up notifications to owners of vehicles that remain unremedied.
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LIN LLC has extensive advisory and litigation experience across the mobility sector, ranging from automotive regulatory compliance and administrative proceedings to patent and trade secret disputes. The firm’s Mobility Team brings together attorneys and professionals with deep knowledge of, and hands-on experience in, the automotive and future mobility industries.
For further information on this newsletter, or for any inquiries, please contact the LIN Mobility Team:
Yong-Kap Kim, Attorney at Law (ygkim@law-lin.com, +82 2 3477 8695)
Min-Goo Kang, Attorney at Law (mgkang@law-lin.com, +82 10 3907 9217)
Jeong-Pil Oh, Attorney at Law (jpoh@law-lin.com, +82 2 3477 8695)
Keun-Hyeok Yook, Attorney at Law (keunhyeok.yook@law-lin.com, +82 2 3477 8695)
For further information on this newsletter, or for any inquiries, please contact the LIN Mobility Team:
Yong-Kap Kim, Attorney at Law (ygkim@law-lin.com, +82 2 3477 8695)
Min-Goo Kang, Attorney at Law (mgkang@law-lin.com, +82 10 3907 9217)
Jeong-Pil Oh, Attorney at Law (jpoh@law-lin.com, +82 2 3477 8695)
Keun-Hyeok Yook, Attorney at Law (keunhyeok.yook@law-lin.com, +82 2 3477 8695)
