One Month of the 'Minsik Law'... Ongoing Debate Over 'Harsh Punishments' vs 'Still Necessary'

"Hold All Responsible Drivers Accountable" Petition to Amend Minsik Law Surpasses 350,000 Supporters
In 2015, South Korea Had 9.1 Child Traffic Fatalities per 100,000, Significantly Higher Than Developed Countries
Late Kim Minsik's Parents Say "If There Is a Problem, the Law Should Be Revised"

On the afternoon of November 19 last year, the parents of the late Kim Min-sik are asking President Moon Jae-in a question at the "The People Ask, 2019 Dialogue with the People" held at MBC in Sangam-dong, Seoul. / Photo by Yonhap News

[Asia Economy reporters Seunggon Han and intern Juhyung Lim] One month after the implementation of the so-called 'Minsik Law,' which strengthens penalties for child traffic accidents occurring in school zones (children protection zones), debates over the bill continue.

Opponents argue that the increased penalties are too harsh and especially claim that it is unfair to place full responsibility for child traffic accidents solely on drivers, calling for amendments to the law.

On the other hand, supporters argue that similar laws are already in place in countries like the United States, and that the law is essential in South Korea, where the number of traffic accident deaths in school zones is high compared to advanced countries.

The 'Minsik Law,' officially the 'Road Traffic Act Amendment' and the 'Partial Amendment to the Act on the Aggravated Punishment, etc. of Specific Crimes' (Special Act), passed the National Assembly last December and has been in effect since the 25th of last month.

Among these, the Special Act includes provisions for aggravated punishment for child school zone accidents. If a driver causes the death of a child under 13 years old due to negligence in a school zone, the driver can be sentenced to imprisonment for three years or more, or life imprisonment. For injury accidents, the penalty ranges from imprisonment of one year to 15 years or a fine between 5 million and 30 million won.

Since the law's enforcement, some have criticized the bill as excessively harsh on drivers. On the 23rd of last month, a petition titled 'Request to Amend the Minsik Law' was posted on the Blue House's public petition board. As of the morning of the 29th, about a month later, it had received over 350,000 endorsements.

In the petition, the petitioner stated, "The sentence for drivers involved in child fatalities in school zones is the same as that for drunk driving offenders causing death under the 'Yoon Chang-ho Law.' Drunk driving deaths are considered acts of murder with implied intent, so it is illogical that such serious intentional crimes and pure negligence crimes receive similar sentences."

They continued, "It is unfair to place all responsibility on drivers even when they could not have avoided the accident. Among causes of child traffic accidents, violations of pedestrian crossings account for 20.5%, more than twice that of adults. Demanding drivers to always prevent and be cautious is unrealistic and unjust," they pointed out.

School Zone Speed Enforcement Camera / Photo by Yonhap News

Conversely, voices supporting the Minsik Law emphasize that similar laws are already enforced in advanced countries, and OECD statistics show that the number of child traffic accident deaths in South Korea is higher than in developed countries, underscoring the necessity of the law.

In the United States, the standards for establishing and operating school zones follow the federal traffic safety facility manual's fundamental principle that "vehicle traffic is never more important than children's pedestrian safety." Violations of traffic regulations in school zones result in fines twice those on regular roads, and drivers who speed more than twice in these zones can face a 60-day license suspension.

Additionally, laws impose fines and penalty points for passing or overtaking stopped school buses.

Sweden has introduced the 'Home Zone' system, which expands school zones to designate all children's activity areas as protection zones. Vehicle traffic is completely banned in Home Zones, and parking lots must be located outside the village.

According to OECD statistics as of 2015, South Korea's child traffic accident death rate was 9.1 per 100,000 population, significantly higher than in advanced countries such as Sweden (2.7), Norway (2.3), and the United Kingdom (2.8).

Children Protection Zone / Photo by Yonhap News

Amid the growing controversy, the parents of the late Kim Minsik expressed that they are open to partial amendments if improvements to the law are necessary.

Kim Minsik's father, Kim Taeyang, appeared on 'No Cut News' on the 28th and said, "This law was created to protect children, but it is receiving criticism. I sometimes wonder if we should have stepped forward."

He added, "The National Assembly proposed and amended the law. We are grateful that the law was proposed and passed, and any modifications and improvements were made by the National Assembly. It is unfair to say that we made the law."

He continued, "I understand the concerns and confusion of drivers. If there is room for misunderstanding, I hope the government clarifies it. If there are problems with the Minsik Law, it is okay to amend it. I do not view the law being revised and improved into a perfect law negatively."

Meanwhile, experts emphasize the need to carefully analyze the situation after the law's application before starting discussions on amendments.

Attorney Sujin Jo of the law firm Women appeared on CBS Radio's 'Kim Hyun-jung's News Show' on the 7th and said, "Once social consensus is reached, the law should be steadily enforced for several years. We need to examine whether there are many unfair cases, how effective the Minsik Law is, and how much the traffic accident rate has decreased. We should start amendment discussions after observing future developments."

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