'Min-sik Law' Applied for the First Time Two Months After Enforcement... Police Say "Will Closely Check Whether Drivers Violate Obligations"

Two Child Injury Cases in Pocheon and Busan
Sent to Prosecution under Special Act
Detailed Analysis of Driver's Duty Violation by NFS, Road Traffic Authority, and Others
First Child Fatality Since Enforcement in Jeonju

[Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-joo] The first case applying the so-called ‘Minsik Law’ (Act on the Aggravated Punishment of Specific Crimes, Special Act) ? which imposes heavier penalties on drivers who cause child death or injury traffic accidents within school zones ? has emerged just two months after its enforcement. The police plan to thoroughly analyze whether drivers violated their duty of safe driving and apply the Minsik Law accordingly in the future.

According to the police on the 22nd, the National Police Agency is compiling nationwide child traffic accidents in school zones that occurred after the Minsik Law came into effect on March 25 and analyzing whether the law applies. The Special Act stipulates aggravated punishment if a driver violates the speed limit or the duty to drive with caution for child safety and causes a child traffic accident. Accordingly, if a child dies, the driver faces life imprisonment or imprisonment of three years or more; if injury occurs, imprisonment from one year to 15 years or a fine between 5 million and 30 million KRW is imposed.

The police are most carefully examining whether the driver violated the speed limit as stipulated in the Special Act and whether the driver breached their duty of safety. This is because, amid ongoing controversy surrounding the Minsik Law, law enforcement that resonates with the public is necessary. Since the law’s enforcement, the National Police Agency has been directly reviewing and guiding the application of the Minsik Law for all child traffic accidents occurring in school zones nationwide. Based on accident records, videos, and various data, they collaborate with analysis institutions such as the National Forensic Service and the Korea Road Traffic Authority to check for speed violations and traffic law violations, then relay the review results to each police station.

The National Police Agency is currently reviewing at least 30 child traffic accidents in school zones. The police previously stated that they had examined 21 cases up to last month since the Minsik Law’s enforcement. Although this month’s statistics have not been disclosed, it is reported that about one school zone traffic accident occurs daily. Among these, the police decided to apply the Minsik Law to two child injury accidents that occurred in Pocheon City, Gyeonggi Province, and Busan City for the first time. A police official explained, “We confirmed violations of traffic laws, including exceeding the speed limit and running a red light,” and “the driver admitted their fault.”

Given the ongoing controversy over the Minsik Law, the National Police Agency plans to continue directly reviewing child traffic accidents in school zones to decide on law application for the time being. Especially with elementary schools and kindergartens resuming classes on the 27th of this month, they anticipate a possible increase in related accidents and remain vigilant. At a press briefing last month, National Police Chief Min Gap-ryong emphasized, “We will ultimately handle cases uniformly and rationally according to the legislative intent, public expectations, and legal principles.”

Meanwhile, on the 21st, the first child death accident since the Minsik Law’s enforcement occurred in Jeonju City, Jeollabuk-do. The police are expected to decide on applying the Minsik Law after investigating the driver’s fault.

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