The Constitutional Court in Seoul (Image courtesy of Yonhap)
SEOUL, Dec. 23 (Korea Bizwire) — South Korea’s Constitutional Court has upheld provisions of the Road Traffic Act requiring users of electric scooters and other personal mobility devices to hold a driver’s license and wear protective gear, ruling that the measures do not violate the Constitution.
According to legal officials on Monday, the court unanimously dismissed a constitutional complaint filed by electric scooter users challenging Articles 43 and 50 of the law, which govern personal mobility devices. The decision was issued on December 18.
The disputed provisions mandate that riders possess at least a motorized bicycle license and require both drivers and passengers to wear safety equipment, with fines or administrative penalties imposed for violations. The petitioners argued that the rules infringed on their freedom of action and right to equality by making electric scooters difficult to use in everyday life.
The court rejected those claims, finding that the law serves a legitimate legislative purpose: protecting lives and physical safety, ensuring road traffic safety, and fostering a responsible culture around the use of personal mobility devices.
Electric scooters (Image courtesy of Yonhap)
In addressing the licensing requirement, the court said riders must have an adequate understanding of traffic laws and rules, as well as basic knowledge of a vehicle’s structure and operation, and that the requirement did not amount to an excessive restriction.
The justices also upheld the safety gear mandate, noting that personal mobility devices are particularly vulnerable to falls and rollovers because of their size, weight and riding structure, especially on uneven road surfaces. Given the importance of protecting life and physical safety, the court said, lawmakers acted within their discretion in enforcing helmet and protective equipment requirements through penalties.
Any inconvenience faced by riders, the court added, was not disproportionate when weighed against the public interest in safeguarding lives and maintaining road safety.
The ruling reinforces the Democratic Party–led government’s push to tighten safety standards for rapidly proliferating personal mobility devices amid growing concerns over accidents and injuries on urban roads.
Jerry M. Kim (jerry_kim@koreabizwire.com)
