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Mother Sending 4-Year-Old Daughter to Kindergarten Faces Tragedy... One Year of Minsik's Law, Unending School Zone Accidents

A man in his 30s hit and killed while crossing a crosswalk in a child protection zone
One year after Min-sik Law enforcement, traffic accidents in school zones decreased by 15.7%
Pedestrians account for 40% of total traffic accident deaths... Twice the OECD average
"Min-sik Law should be strengthened" vs "It's already excessive" Citizens in heated debate

Mother Sending 4-Year-Old Daughter to Kindergarten Faces Tragedy... One Year of Minsik's Law, Unending School Zone Accidents A man in his 50s, driver A, who fatally struck a mother crossing a crosswalk while holding her 4-year-old daughter's hand with a passenger car, is entering the Incheon District Court in Michuhol-gu, Incheon, on the afternoon of the 17th to undergo a pre-arrest suspect interrogation (warrant hearing). [Image source=Yonhap News]


[Asia Economy Reporter Lim Juhyung] A tragic accident occurred where a mother holding her 4-year-old daughter's hand on the way to kindergarten was hit by a car and died, raising awareness about the dangers of traffic accidents in school zones (Seukuljon). Although the so-called 'Minsik-i Law,' which imposes heavier penalties for traffic accidents occurring in school zones, has been in effect for a year, concerns remain as accidents continue to happen. On the other hand, there are counterarguments that it is unfair to place full responsibility for traffic accidents solely on drivers.


On the 17th, the Western Incheon Police Station arrested driver A (54) on charges of causing death under the Special Act on Traffic Accident Handling and injury in a children's protection zone under the Act on the Aggravated Punishment of Specific Crimes.


A is accused of hitting and killing B (32), who was crossing a crosswalk in a school zone holding her 4-year-old daughter's hand, while driving his passenger car at an intersection in Majun-dong, Seo-gu, Incheon, at around 9:20 a.m. on the 11th.


As a result of the accident, B was run over by A's vehicle and dragged about 4 to 5 meters, sustaining injuries all over her body. B was transported by ambulance to a nearby hospital for treatment but ultimately died. Additionally, B's daughter, who was holding her hand while crossing the crosswalk, fell to the ground and suffered a leg fracture, receiving hospital treatment.


A told the police that at the time of driving, B and her daughter were partially obscured by the vehicle, so he could not see them properly. It was also found that A had undergone surgery on his left eye three days before the accident, on the 8th.

Mother Sending 4-Year-Old Daughter to Kindergarten Faces Tragedy... One Year of Minsik's Law, Unending School Zone Accidents Speed enforcement camera in a school zone [Image source=Yonhap News]


This is not the first traffic accident to occur in a school zone. In May last year, an SUV driver in a school zone in Jeonju hit and killed a 2-year-old child. It was confirmed that the SUV driver made an illegal U-turn on the road and hit the child.


While traffic accidents in school zones have decreased compared to before since the Minsik-i Law was enacted, there are concerns that it is still insufficient to eradicate traffic accidents completely.


Since the enactment of the Minsik-i Law last year, the installation of unmanned enforcement cameras, speed bumps, and traffic lights near school zones has been made mandatory. The 'Partial Amendment to the Act on the Aggravated Punishment of Specific Crimes' (Special Act) was also passed, allowing drivers who cause the death of children under 13 years old in school zones to be sentenced to at least three years in prison or life imprisonment.


According to data from the Korea Road Traffic Authority, traffic accidents in school zones decreased by 15.7% last year compared to the previous year, and the number of deaths dropped sharply by 50%. This is why some claim that the Minsik-i Law is effective.


However, the traffic accident death rate per 100,000 people last year (5.9) did not reach the OECD average (5.6), remaining at a high level, and the proportion of pedestrian deaths among all traffic accident fatalities was 40%, nearly double the OECD average of 20.5%.


On the other hand, there is criticism that the current Minsik-i Law is excessively harsh on drivers. In March last year, when the law was passed, a petition titled "Request to Amend the Minsik-i Law" was posted on the Blue House's public petition board and received over 350,000 signatures within a month.


The petitioner pointed out, "The sentence for drivers who cause death in school zones under the Minsik-i Law is the same as that for drunk driving death offenders under the Yoon Chang-ho Law," and added, "Drunk driving death accidents are considered intentional murder, so it is unreasonable that such serious intentional crimes and pure negligence crimes receive similar sentences."


Mother Sending 4-Year-Old Daughter to Kindergarten Faces Tragedy... One Year of Minsik's Law, Unending School Zone Accidents On the afternoon of November 19, 2019, at MBC in Sangam-dong, Seoul, the parents of the late Kim Min-sik are asking President Moon Jae-in a question during the event "The People Ask, 2019 Dialogue with the People." / Photo by Yonhap News


The late Kim Minsik's father, whose son's case prompted the introduction of the Minsik-i Law, also stated that it would be acceptable to amend parts of the law if necessary. In an interview with a media outlet last year, he said, "The law was created to protect children, but it is receiving criticism. The National Assembly is responsible for proposing and amending laws. It is unfair to say that we made this law."


Given this situation, public opinion on the Minsik-i Law is divided.


Choi, a company employee in his 30s, said, "Although there was much controversy when the Minsik-i Law was passed, I believe there is no disagreement that it is effective now. After all, it was created to protect the most vulnerable children in our society. We should strengthen it further to prevent children from losing their lives in traffic accidents, not discuss repealing or amending it."


On the other hand, another office worker, Lee (32), said, "Because of children's nature, you never know when they might suddenly run out onto a crosswalk, so I get nervous every time I cross a Seukuljon. I fully agree with prioritizing students' safety, but honestly, I think the Minsik-i Law is somewhat excessive."


Experts suggest that it is necessary to carefully analyze the situation after the Minsik-i Law's implementation and discuss future directions for improvement.


Attorney Jo Sujin of the law firm 'WeMin' advised in a radio interview last year, "We need to compile statistics on how effective the Minsik-i Law is and how much the traffic accident rate has decreased. This will be possible a few years after its implementation. After observing future developments and reaching social consensus, discussions on amendments can begin."


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