Bulldozers, excavators, and forklifts, which the Ministry of Justice is pushing to include as automobiles under the Act on Aggravated Punishment of Specific Crimes. Photo by Ministry of Justice
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] In the future, construction machinery such as excavators and forklifts, which are not classified as 'automobiles' under the Road Traffic Act, are expected to be subject to the 'Min-sik Act.'
This measure aims to prevent a recurrence of the so-called 'Pyeongtaek School Zone Elementary Student Death Incident,' where an excavator driver hit two children in a school zone, killing one and injuring another, and fled the scene, but the aggravated punishment provisions under the Act on the Aggravated Punishment of Specific Crimes (hereinafter referred to as the Special Act) could not be applied.
On the 12th, the Ministry of Justice announced a legislative proposal to partially amend the Special Act to include construction machinery such as excavators and forklifts in the definition of 'automobiles' subject to the application of provisions such as ▲aggravated punishment for drivers of fleeing vehicles (Article 5-3), ▲dangerous driving causing death or injury under the influence (Article 5-11), and ▲aggravated punishment for causing death or injury to children in child protection zones (Article 5-13).
The amendment adds the phrase 'including construction machinery other than those specified in the proviso of Article 26, Paragraph 1 of the Construction Machinery Management Act' to the definition of automobiles in the above provisions, thereby including construction machinery that had not previously been covered under the Special Act.
Currently, the Special Act defines the subjects of aggravated punishment as 'automobiles and motorized bicycles as defined in Article 2 of the Road Traffic Act.'
Article 2 (Definitions) No. 18 of the Road Traffic Act defines automobiles as ▲passenger cars, vans, trucks, special vehicles, and two-wheeled vehicles under Article 3 of the Automobile Management Act, and ▲construction machinery as specified in the proviso of Article 26, Paragraph 1 of the Construction Machinery Management Act.
The proviso of Article 26 (Construction Machinery Operator License), Paragraph 1 of the Construction Machinery Management Act delegates the authority to the Ministry of Land, Infrastructure and Transport to specify the types of construction machinery that require a driver's license under the Road Traffic Act rather than a construction machinery operator license.
Article 73 (Special Cases for Construction Machinery Operator License), Paragraph 1 of the Enforcement Rules of the Construction Machinery Management Act, a decree of the Ministry of Land, Infrastructure and Transport, lists types of construction machinery treated as automobiles under the Road Traffic Act that require a driver's license, including ▲dump trucks, ▲asphalt spreaders, and ▲road stabilizers.
On the other hand, bulldozers under 5 tons, forklifts under 3 tons, and excavators under 3 tons are classified as small construction machinery, do not require a driver's license to operate, and are not treated as automobiles under the Road Traffic Act.
In other words, construction machinery requiring a driver's license under the proviso of Article 26, Paragraph 1 of the Construction Machinery Management Act have been recognized as automobiles under the Road Traffic Act and subject to the Special Act, but other construction machinery have not been considered automobiles and thus were not subject to the Special Act.
According to the Ministry of Justice, under current law, aggravated punishment provisions of the Special Act can be applied in cases of accidents caused while driving dump trucks, asphalt spreaders, road stabilizers, concrete mixer trucks, concrete pumps, truck-mounted drilling machines, road repair trucks, and pavement breakers, but not for bulldozers, excavators, loaders, forklifts, scrapers, cranes, motor graders, rollers, and similar machinery.
The Ministry of Justice explained the background for pushing this legal amendment: "The 'Pyeongtaek School Zone Elementary Student Death Incident' revealed a legislative gap where aggravated punishment under the Special Act cannot be applied to drivers of certain construction machinery such as excavators and forklifts involved in traffic accidents causing death or injury while fleeing, dangerous driving, or causing death or injury to children in child protection zones, necessitating improvement."
It added, "Therefore, the amendment aims to include all construction machinery under the Construction Machinery Management Act in the definition of automobiles in the Special Act provisions concerning aggravated punishment for drivers of fleeing vehicles (Article 5-3), dangerous driving causing death or injury (Article 5-11), and aggravated punishment for causing death or injury to children in child protection zones (Article 5-13), thereby closing the legislative gap and raising awareness among drivers operating construction machinery on roads, contributing to the establishment of traffic safety and order."
On the 7th of last month, an 11-year-old girl, A, crossing a crosswalk in front of an elementary school in Cheongbuk-eup, Pyeongtaek-si, Gyeonggi-do, was hit and killed by an excavator driven by a man in his 50s, B.
Driver B ignored the red light after the straight signal changed and caused the accident. He then fled the scene, driving about 3 km further before being caught by police who responded to a report.
The police considered applying the aggravated punishment provision under the Special Act, known as the 'Min-sik Act,' for causing death or injury to a child in a child protection zone, but it was impossible because the excavator driven by B was not classified as an automobile under the Road Traffic Act.
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