[The Editors' Verdict] Is Managing Seats for Pregnant Women an Autonomous Police Duty?

Subway Priority Seat for Pregnant Women
Photo by Asia Economy DB

[Asia Economy Reporter Park Hyesook] Anyone who has used the subway may have occasionally hesitated about whether to sit in a seat reserved for pregnant women inside the train. Even though there are stickers and the seats are pink, clearly indicating that these seats are for 'special' passengers, there are moments when one is tempted by the thought of "just this once."

Still, it is natural to be mindful of others, but it is not uncommon to see young teenage girls, grandmothers, and even "jjeokbeol-nam" (men sitting with legs wide apart) unhesitatingly occupying the seats reserved for pregnant women, regardless of gender. If you respond with the logic that you can sit there since the seat is empty and move when a pregnant woman boards, it is difficult to argue against it. Conflicts continue over whether these are 'courtesy seats' for pregnant women rather than 'designated seats,' or whether men are being discriminated against.

However, many pregnant women complain that although these are called 'courtesy seats,' they do not receive any consideration. In the early stages of pregnancy, it is difficult to visually identify pregnant women, so they hope that the seats reserved for pregnant women will remain empty so they can sit comfortably whenever needed.

According to a 2019 survey conducted by the Korea Population, Health and Welfare Association targeting 500 pregnant women, 54.1% of respondents said they did not receive any courtesy such as seat offers when using public transportation. Additionally, last year, over 8,700 complaints related to seats reserved for pregnant women were filed with the Seoul Subway Customer Center, averaging more than 720 cases per month.

Incheon is drawing attention as it is pushing for the enactment of an ordinance that includes regulations for seats exclusively for pregnant women, the first among local governments. However, unexpectedly, the proposal was postponed at the Incheon City Council plenary session held on the 10th due to opposition from the police.

The ordinance in question is the "Basic Ordinance on Public Transportation," which was introduced by the chairman of the Incheon City Council. Article 6, Paragraph 3 of the ordinance states, "The subway police unit may recommend that passengers other than pregnant women keep the seats reserved for pregnant women vacant during train patrols." The police raised issues with this provision, sparking controversy over whether this role fits the autonomous police, contrary to the intention of protecting pregnant women.

The Incheon Police Workplace Council, composed of active police officers, demanded the repeal of the ordinance, arguing that it shifts the responsibilities of subway operators or local governments onto the subway police unit. They claim, "The designation and operation of seats reserved for pregnant women is a local government task for resident welfare (convenience), not a police duty, so it cannot be considered an 'autonomous police task.'" They cited Seoul as an example, where Seoul Metro employees (subway security officers) handle this responsibility.

They also pointed out that the subway police unit is a national police organization and is not subject to ordinances applied to local governments. Furthermore, they argued that assigning the management of seats reserved for pregnant women to the police contradicts the "Police Act," which defines the scope of police duties, raising concerns about legal violations.

However, some interpret that based on the Incheon Autonomous Police Ordinance, which states that "an autonomous police unit may be established and operated to protect the life, body, and property of residents," the management of seats reserved for pregnant women as a safety measure also falls within the duties of the autonomous police. The police counter this by stating that under the Incheon Autonomous Police Ordinance, "operation of the subway police unit" refers to police duties such as crime prevention patrols.

Among the police, there are strong reactions fearing that focusing on managing seats for pregnant women might cause them to miss catching sexual offenders or pickpockets. There are also concerns that, under the guise of 'recommendation,' the police might be burdened with tasks such as prohibiting littering or preventing seating in priority seats for the elderly on buses in the future.

Perhaps aware of this atmosphere, the city council postponed the ordinance, which had passed the standing committee, just before the plenary session. However, since it may be resubmitted after a legal interpretation by the Ministry of Government Legislation, the controversy remains unresolved. Before the ordinance gains the stigma of being the first case nationwide to unjustly expand autonomous police duties, as claimed by the Incheon Police Workplace Council, sufficient discussion within the local community seems necessary.