Court Upholds Constitutionality of Toughened School Zone Safety Law | Be Korea-savvy

Court Upholds Constitutionality of Toughened School Zone Safety Law


Cyclists pedal along a road with a 30-kilometer per hour speed sign in front of an elementary school in Seoul on May 31, 2021, as they take part in a campaign to improve road safety for children at school zones. (Yonhap)

Cyclists pedal along a road with a 30-kilometer per hour speed sign in front of an elementary school in Seoul on May 31, 2021, as they take part in a campaign to improve road safety for children at school zones. (Yonhap)

SEOUL, Feb. 27 (Korea Bizwire)The Constitutional Court has ruled that a law mandating heavier punishment for car accidents within school zones conforms to the highest law, legal sources said Monday.

The law, dubbed the “Min-sik Law,” requires tougher punishment of up to life imprisonment when an accident leads to the death of a child. In case of injuries, a driver can be imprisoned for between one and 15 years and fined between 5 million won and 30 million won (US$3,790-US$22,800).

The nine-justice panel made the ruling in an 8-1 vote to reject a petition filed by two lawyers who claimed the law on aggravated punishment of specific crimes violates the Constitution.

The court has ruled that the aggravated punishment is not excessive as the law was intended to enhance children’s safety from traffic accidents in school zones.

Under the law, the speed limit is set at 30 kph and various safety tools, such as speed cameras and speed bumps, should be installed in school zones.

The court also acknowledged the aggravated punishment can raise awareness of safe driving in such areas, and eventually contribute to fewer accidents.

Noticeably, the court cited Organization for Economic Cooperation and Development data that South Korea’s traffic accident mortality rate among children aged 14 and younger among the population of 100,000 is the sixth highest among member nations.

The law came into effect in 2020 after a 9-year-old elementary school student was killed in a car accident in front of his school in Asan, central South Korea, in 2019.

(Yonhap)

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