"If Military Service Is Hidden, There's No Defense" Driving by Mental Illness Patients, Is There No Solution?

Inadequate Management of Driver's Licenses for Mental Illness Patients... Reliance on Voluntary Reporting
Social Prejudice Surrounding Mental Disabilities Also Criticized as Human Rights Violations
Experts Say "A Medical Network System Capable of Monitoring Patient Conditions Is Needed"

Recently, news has emerged about a person with a mental illness causing a traffic accident in Changwon, Gyeongnam, sparking public demand for related legal reforms to prevent recurrence. The photo is unrelated to specific expressions in the article. [Image source=Yonhap News]

[Asia Economy Reporter Kim Seohyun] Recently, news broke about a mentally ill person causing a traffic accident on the road, sparking public calls for stricter laws. Although regulations exist under related laws, there is no way to prove a driver's medical history except through voluntary self-reporting by the patient, creating a practical legal blind spot. Experts advise establishing a kind of safety net to prevent recurrence.

Earlier this month in Changwon, Gyeongnam, a mentally ill person caused an accident by ramming a car while claiming "(another driver) shocked me with electricity," then chased the car and struck the window with a helmet.

Previously, in 2019, three people, including children and a bride-to-be, died due to a mentally ill person driving in the wrong direction on a highway. The driver, Park (20), was diagnosed with schizophrenia. Park's wife reportedly said, "Park has been dangerous recently because he stopped taking his medication."

Despite repeated traffic accidents involving mentally ill drivers, no institutional changes have been made. Article 82 of the Road Traffic Act stipulates that "mentally ill persons or epilepsy patients who may cause traffic hazards or disabilities" cannot obtain a driver's license.

However, since applicants must voluntarily report their illnesses when taking the license test, if the patient does not disclose their condition, it is difficult to identify mental illness after obtaining the license.

Additionally, only those mentally ill patients with hospitalization history exceeding six months are required to undergo periodic aptitude tests. Therefore, even severely ill patients without long-term hospitalization records can renew their licenses without any restrictions.

Even if designated for periodic aptitude testing, forced examinations cannot be conducted due to drivers' human rights issues. In the case of Park, who caused the wrong-way driving accident in 2019, he was included in the periodic aptitude test list in September last year but reportedly did not take the test.

The photo is not related to any specific expressions in the article.

Given this situation, there is criticism that unless the individual discloses their medical history, restrictions on license acquisition or aptitude testing cannot be enforced.

An official from the Korea Road Traffic Authority's License Civil Affairs Department said, "We acknowledge the system gap," and explained, "A third-party linkage system involving family, doctors, police, and others is currently in the legislative process." This system would distribute the reporting obligation beyond the patient, allowing surrounding persons to request examinations.

He added, "We are currently organizing a Driving Aptitude Evaluation Committee to more effectively determine license eligibility," and "We plan to institutionalize this by supplementing the manual."

However, there are also criticisms that restricting licenses for mentally ill persons infringes on human rights. Lee Hangyu, president of the Korea Association of Persons with Mental Disabilities, said, "(Regulations on mentally ill drivers) are discriminatory compared to other drivers," emphasizing, "Many patients have no problems in daily life. There is clearly a societal issue of hastily generalizing mental disabilities."

He continued, "Physically disabled persons are supported with customized driving options. Even colorblind individuals who cannot distinguish red and blue are allowed to drive Class 2 licenses, so I do not understand why mentally ill persons face such strong regulations."

Meanwhile, experts suggest that IT network systems should enable patients to have their condition verified by doctors.

Kim Younghee, a researcher at the Korea Association of Families of Persons with Mental Disabilities, explained, "Considering Korea's advanced IT technology and the strict security of medical networks, we need to explore solutions by combining these factors." She advised, "Under conditions of strict security for personal information protection, linking mental health-related medical networks with administrative IT systems for driver's license management is necessary."

She also emphasized, "The Korea Road Traffic Authority should establish a medical network so that patients can have their condition checked by doctors. Once a safety net is formed, the stigma against mentally ill persons will naturally be resolved."