"Please Amend the Law" Controversy Over Excessive Punishment of the 'Minsik Law' Continues

Deceased Kim Min-sik's Attacker's Insurance Company Ruled 90% Liability
"Imprisoned for One Mistake" Ongoing Controversy Over Min-sik Law's Excessive Punishment
Kim Min-sik's Parents: "Min-sik Law Is Not Retaliatory... Hope Government Clears Misunderstanding"

A traffic safety sign for a child protection zone is installed in front of an elementary school in Seongdong-gu, Seoul. [Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] Regarding the accident involving the late Kim Min-sik, which led to the so-called 'Minsik Act,' the court has ruled that the insurance company of the offending vehicle must pay 90% of the compensation liability to Min-sik's parents.

There are criticisms from some quarters that this is incomprehensible. Although the compensation amount was not determined by the application of the 'Minsik Act,' public opinion is somewhat resentful as this ruling involves Min-sik's parents, who are at the legislative background of the Minsik Act, which has been controversial for excessive punishment.

Given this situation, various criticisms surrounding the Minsik Act and ongoing debates about excessive punishment continue. Some drivers express concerns that they could face imprisonment under this law.

According to the legal community on the 8th, the court (Daejeon District Court Cheonan Branch, Civil Division 7, Judge Lee Jeong-ah) recently ruled partially in favor of the plaintiffs, Min-sik's parents, in a damages claim lawsuit against the insurance company of the offending vehicle, ordering the insurer to pay 90% of the compensation liability, amounting to over 507 million KRW.

The court stated, "Since the accident occurred in a children's protection zone (school zone), even if the crosswalk had no traffic lights, the defendant's vehicle should have stopped first, checked the surroundings, and then proceeded. Considering this, the defendant's liability is limited to 90%."

Earlier, the insurance company of the offending vehicle argued during the trial that since Min-sik ran out between vehicles stopped in the opposite lane, the defendant's liability should be limited to within 80%.

As a multi-million won compensation amount was decided for Min-sik's parents, who are at the background of the 'Minsik Act' that has been controversial for excessive punishment, some citizens opposing the law expressed disbelief.

Kim, a company employee in his 40s, said, "The law itself still has problems," adding, "In school zones, children can suddenly run out anytime and anywhere, so there are many possibilities of violating the law, but the level of punishment itself is too severe." He added, "The law needs to be revised."

Another office worker in his 30s, Lee, said, "Min-sik's parents have expressed opinions that if the law needs to be revised, it can be done," adding, "Shouldn't we change this law that excessively punishes even now?"

The Minsik Act, which has been controversial for excessive punishment, passed the National Assembly on December 10 last year. The Minsik Act is broadly divided into amendments to the Road Traffic Act and the Act on Aggravated Punishment of Specific Crimes (Special Act). The Road Traffic Act amendment includes expanding safety facilities in school zones, while the Special Act amendment contains provisions for aggravated punishment for child fatalities occurring in school zones.

The Special Act part of the Minsik Act stipulates that if a driver kills a child under 13 years old in a school zone, the driver shall be sentenced to life imprisonment or imprisonment for three years or more. If the victim is injured, the driver faces imprisonment from one year to 15 years or a fine ranging from 5 million KRW to 30 million KRW.

However, some drivers complain that even when they drive with due care, it is practically difficult to prepare for children suddenly running out, making it hard to fulfill the duty of care. They argue that being subject to aggravated punishment in such situations is unfair and violates equity.

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 People Ask, 2019 Dialogue with the People' held at MBC in Sangam-dong, Seoul. [Image source=Yonhap News]

Meanwhile, amid ongoing controversies over excessive punishment related to the Minsik Act, Min-sik's parents said in an interview with a media outlet, "We do not view negatively the parts of the (Minsik Act) that need to be revised or supplemented to become a perfect law."

They added, "(The law) was intended to raise awareness among drivers, and we did not decide the details," emphasizing, "It was discussed and passed by the National Assembly, so we have little to say about that part."

They also said, "The Minsik Act is not a law for retaliation," adding, "We understand the concerns and confusion of drivers. If there is room for misunderstanding, we hope the government will clarify it, and we hope those who have moved beyond misunderstandings will stop attacking us."

They continued, "The law was proposed and amended by the National Assembly. It would be unfair to say that we made the law as it is," expressing frustration. They added, "We are being targeted by criticism. The law was made to protect children, but sometimes I wonder if we should have stepped forward."

Min-sik died in a traffic accident on the afternoon of September 11 last year while crossing a crosswalk in a two-lane road children's protection zone in front of a middle school in Asan, Chungnam. The offender was sentenced to two years in prison in the first and second trials for violating the Special Act on Traffic Accident Handling (causing death).

The Minsik Act was proposed after this accident, aiming to impose aggravated punishment on drivers who violate safe driving obligations in school zones and cause death or injury. It passed the National Assembly on December 10 last year and has been in effect since March 25.

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