Residents Near 'School Zone' Voice Anxiety Over Violations of 'Minsik's Law'
Entrance of an apartment in Gangseo-gu, Seoul, on the 2nd. Photo by Seulgi Kim, Intern Reporter sabiduriakim@
[Asia Economy Reporters Seunggon Han and Intern Yeonju Kim] # A man in his 30s, Mr. A, who lives near a school zone apartment, recently had a harrowing experience. Just as he was exiting the apartment entrance, an elementary school student suddenly darted out. Mr. A lamented, "Since the enforcement of the Minsik Law, I've been careful, but kids who suddenly run out like this are impossible to respond to." He added, "I'm even considering leaving for work earlier."
Named after Kim Minsik, who died last September in a child protection zone in Asan, Chungnam, the revised 'Minsik Law' mandates the installation of unmanned surveillance cameras and traffic signals in child protection zones and strengthens penalties to impose up to life imprisonment for child traffic fatalities.
As a result, residents living near school zones are increasingly anxious. Although they drive safely near elementary schools, they complain that the strengthened penalties under the 'Minsik Law' might lead to imprisonment.
◆ A child suddenly darted out from the side, but is the driver still at fault?
On the 28th of last month, a post titled 'Seeking advice on an accident with a bicycle in a child protection zone' was uploaded on the online community 'Bobae Dream.' The poster shared dashcam footage of an accident where a bicycle suddenly appeared right in front of an apartment entrance school zone, making it impossible to avoid.
The poster explained, "Around 5 p.m. on March 28, while heading home from work, a bicycle came out in the school zone right in front of the apartment entrance, and I couldn't avoid the accident." He added, "I believe the speed at the time was under 30 km/h." He also said, "The insurance company said the situation is ambiguous because of the Minsik Law," and asked, "Does the Minsik Law apply in such cases?"
Those who saw this news raised their voices, saying that traffic accidents in school zones should not be solely attributed to the driver's fault.
Office worker Ms. B (27, female) said, "I'm still a novice driver with less than a year of experience, and I think the Minsik Law is unreasonable." She continued, "I've had many minor collisions so far, but now I'm too scared to pass by schools. It was almost like the child ran into the car, yet the driver is the one facing punishment." She criticized, "It seems like a law heavily biased to one side has been passed," and added, "I think it needs to be revised."
A post titled "Seeking advice on a bicycle accident in a school zone" was uploaded on the online community 'Bobaedream' on the 28th of last month. Photo by Online Community 'Bobaedream' capture
◆ "It's like being told to crawl in school zones" - Drivers' frustration
After the Minsik Law was enacted, navigation systems that avoid school zones even appeared. However, for drivers who must pass through school zones or residents living nearby, these are useless. Complaints continue on online communities about this.
One netizen said, "Who crosses the crosswalk at the apartment while obeying the signals? Even children look around and jaywalk if they think no cars are coming." They added, "I think the Minsik Law is necessary, but if a child gets hurt and the driver is always at fault, does that mean we should get out and push the car from the apartment entrance?" expressing frustration.
A netizen with an elementary school child said, "There was no speeding, and the accident happened just in a school zone, but I think there will be many unfair situations for drivers." They expressed frustration, saying, "How can you avoid a child who might suddenly dart out from anywhere?"
Office worker Mr. C (28, male) said, "If it weren't serious, navigation systems avoiding school zones wouldn't have been developed. Children should be protected, but putting all traffic accident fault on drivers is problematic." He added, "I agree with the law's intent, but it's so strict that drivers feel like they have to crawl through school zones. The law needs to be revised quickly."
Housewife Ms. D (50, female) said, "There is an elementary school between apartment complexes, so right after leaving the complex, there is a school zone." She said, "Accidents caused by inattentive driving or speeding are definitely the driver's fault, but blaming drivers for accidents caused by children jaywalking or suddenly darting out doesn't seem right."
She continued, "As a parent, I empathize, and I understand pedestrians might think differently, but from a driver's perspective, even if you drive safely around your home every day, you never know when something like this might happen, so it's genuinely worrying," she added.
A petition titled "Request to Amend the Min-sik Law" posted on the Blue House National Petition Board on the 23rd of last month. Photo by Blue House National Petition Capture
◆ "Revise the 'Minsik Law'" - National Petition Submitted
Amid ongoing controversies surrounding the Minsik Law, a petition urging its revision was submitted to the Blue House on the 23rd of last month.
The petitioner stated, "I support mandatory installation of speed cameras, crosswalk signals, and bans on illegal parking to prevent child accidents in protection zones," but added, "However, I strongly oppose the amendment to the Special Act on Aggravated Punishment for Specific Crimes for the following reasons and urge prompt revision."
The reasons cited include ▲violation of the principle of proportionality in punishment ▲unfairly placing all responsibility on drivers even when accidents in child protection zones were unavoidable ▲the law being a flawed product of legislative overreach and public opinion manipulation.
The petitioner emphasized, "Some say that only when victims arise from the Minsik Law will opposition grow, petitions be made, and the National Assembly revise it. But who will compensate the victims and their families caused by this law? The law must be revised before victims emerge."
As of 1:10 p.m. on the 2nd, the petition had garnered over 280,000 signatures.
Experts emphasize the importance of complying with related regulations before debating the Minsik Law. Traffic accident specialist lawyer Han Moon-chul explained on YouTube, "It's not just about keeping the speed limit of 30 km/h," adding, "The speed limit can vary depending on the situation."
He continued, "Even if you drive at 20 km/h, if the driver is at fault in any way, they are subject to punishment," and added, "If a child is injured, even if the speed limit was observed, the driver is subject to the Minsik Law penalties."
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