"You Really Can't Avoid It": Can the Controversy Over the "Min Sik Act" as a Bad Law Be Resolved?

Controversy Over Excessive Punishment Continues Amid Implementation of the "Min Sik Act"
Parents of Min Sik Kim Express Willingness to See Law Revised and Improved

On the afternoon of November 19 last year, at MBC in Sangam-dong, Seoul, the parents of the late Min-sik Kim are asking President Moon Jaein a question during the event "The People Ask, 2019 Dialogue with the People."

Min-sik Kim died last September in a traffic accident while crossing a crosswalk in a child protection zone in Asan, Chungnam. The National Assembly proposed the "Minsik Act," which mandates the installation of speed enforcement equipment in child protection zones. [Image source=Yonhap News]

[Asia Economy, reporter Han Seunggon] Strong criticism continues to surround the "Min Sik Act," which went into effect on the 25th of last month. While there is widespread agreement and support for ensuring the safety of children in child protection zones (school zones), critics argue that it is difficult for drivers to avoid children who suddenly dart out, and that the law is problematic because it could lead to harsher penalties under the Min Sik Act in such cases. Some even claim that the law could create unfair situations for innocent drivers.

Because of this, some drivers have gone so far as to label the law as "bad legislation." In response to the ongoing criticism, the parents of the late Min Sik Kim have also expressed their willingness to see the law revised.

The Min Sik Act applies when: ① an incident occurs in a child protection zone, ② the driver exceeds the speed limit of 30 km/h, or ③ neglects the duty of safe driving, and ④ causes death or injury to a child under the age of 13.

Drivers argue that even if they adhere to the speed limit and fulfill their duty of care in school zones, it is not easy to avoid children who suddenly run into the road or emerge from blind spots. They are frustrated that they could still be subject to harsher penalties under the Min Sik Act despite their caution.

A mid-30s driver, Mr. A, who previously worked as a driving instructor, said, "Drivers basically fulfill their duty of care. However, accidents still happen." He continued, "The problem is the level of punishment based on the degree of fault. Even if I fulfill 99% of my duty of care, if an accident involving a child happens in a school zone, I would still be subject to the Min Sik Act. That is the issue," he said with frustration.

Another driver, Mr. B, in his 40s, said, "If you are sentenced to imprisonment, you can consider it as losing your job." He added, "It is truly tragic when a child dies in an accident, but the law needs to be revised." He further commented, "Navigation systems are now adding features to avoid school zones. You really cannot avoid children who suddenly run out. There are many problems."

On the morning of March 24, one day before the enforcement of the "Min-sik Law" (revised Road Traffic Act), which strengthens penalties for causing child traffic accidents in school zones, a child protection zone traffic safety sign was installed in front of an elementary school in Seongdong-gu, Seoul.
[Image source=Yonhap News]

Some people also feel uneasy that the duty of care may be even harder to fulfill in school zones. Since school zones are different from ordinary roads, children may suddenly dash out or act unpredictably, and there is an argument that drivers must anticipate even these possibilities in order to be recognized as having fulfilled their duty of care.

Mr. C, an office worker in his 40s who commutes by car, said, "I always observe the speed limit in school zones. But I wonder if it is really possible to prevent accidents involving children who appear suddenly or are hit from behind, even if I am careful." He added, "As a result, anyone who causes an accident in a school zone could be subject to the Min Sik Act. I want to ask if this is a reasonable law."

In response to the ongoing criticism of the Min Sik Act, the parents of the late Min Sik Kim have expressed their willingness to see the law revised. They also appealed for restraint from excessive criticism directed at them, emphasizing that the law was created by the National Assembly, not by themselves.

In an interview with No Cut News on the 28th of last month, the parents of Min Sik Kim said, "We do not view it negatively if the Min Sik Act is revised or supplemented to become a more perfect law." They continued, "Our intention was to raise awareness among drivers, but we did not decide on the details. The law was discussed and passed by the National Assembly, so we do not have much to say about that."

They also said, "The Min Sik Act is not a law for retaliation. We understand the concerns and confusion of drivers. If there are misunderstandings, we hope the government will clarify them, and we hope that those who have moved past misunderstandings will no longer attack us."

They added, "It was the National Assembly that proposed and revised the law. It is unfair to say that we created the law in this way." They continued, "We are being targeted with criticism. The law was created to protect children, but sometimes we wonder if we should have gotten involved at all."

[Image source=Yonhap News]

Meanwhile, the driver in his 40s whose case triggered the "Min Sik Act" was sentenced to imprisonment without labor on the 27th of last month.

At the sentencing hearing held that day, Judge Choi Jaewon of the Cheonan Branch of the Daejeon District Court's Criminal Division 2 sentenced Mr. D (44), who was charged with violating the Special Act on Traffic Accident Handling (resulting in death), to two years of imprisonment without labor. This type of sentence involves confinement in prison but does not require forced labor, distinguishing it from a prison sentence with labor.

The court stated, "The accident occurred in a child protection zone with a crosswalk on a two-way, two-lane road, and there are middle and elementary schools and apartments nearby. The defendant struck the victim and activated the brakes belatedly. If the brakes had been applied sooner, the death might have been prevented."

The court continued, "The parents of Min Sik have suffered severe emotional distress and are demanding a heavy punishment for the defendant, and there are concerns about aftereffects for the sibling who was also involved in the accident." However, the court also considered that "the defendant has shown remorse, and the vehicle's speed was below the speed limit (30 km/h) at the time."

Mr. D was indicted for hitting the Kim brothers with his car while they were crossing a crosswalk in a child protection zone in front of an elementary school in Asan, Chungnam, at 6:10 p.m. on September 11 last year. As a result, Min Sik Kim died and his younger brother suffered injuries requiring two weeks of treatment.

This incident led the National Assembly to pass the "Min Sik Act" at a plenary session on December 10 last year. The Min Sik Act is divided into an amendment to the Road Traffic Act and an amendment to the Act on the Aggravated Punishment of Specific Crimes. The Road Traffic Act amendment focuses on expanding safety facilities in school zones, while the amendment to the Act on the Aggravated Punishment of Specific Crimes includes provisions for harsher penalties for child fatalities occurring in school zones.

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