Over 10 Years Ago, Government Legislation with 'Traffic Basic Act'
Repeatedly Failed Due to Taxi Industry Opposition
"Reviewing Conflicts and Absorption with Existing Laws"
[Asia Economy Reporter Noh Kyung-jo] The government has recently launched a research project to determine the necessity of the 'Framework Act on Transportation Policy,' which codifies the universal right to transportation for the public. The legal system, including the hierarchy and roles of existing transportation-related laws, will also be reviewed. Since a similar bill named the 'Basic Transportation Act' was first proposed about 10 years ago but was discarded due to issues regarding the inclusion of taxis as public transportation, the plan is to carefully examine whether to absorb or repeal the Public Transportation Act (Act on the Promotion and Use of Public Transportation).
According to the Ministry of Land, Infrastructure and Transport on the 20th, the Korea Legislation Research Institute was finally selected as the contractor following the bidding for the 'Policy Research Project for the Preparation of the Framework Act on Transportation Policy,' announced at the end of August. The research project started on the 7th of this month and will continue for 360 days until October 1 of next year.
The Framework Act on Transportation Policy has been recognized as necessary under the name 'Basic Transportation Act' for over a decade and has led to government and parliamentary legislation efforts. The purpose is to ensure that all citizens, including those in transportation-disadvantaged areas and groups, can receive universal transportation services and move freely and safely.
At the end of 2009, the then Ministry of Land, Transport and Maritime Affairs included the 'Enactment of the Basic Transportation Act' in its New Year's plan, held expert seminars, and announced the legislative proposal in August 2010. In February of the following year, the concept was expanded from 'limited mobility rights for transportation-disadvantaged persons' to 'universal transportation rights for all citizens,' and the bill was re-announced. The bill was submitted to the Land, Infrastructure and Transport Committee of the 18th National Assembly after passing the Cabinet meeting.
However, the taxi industry opposed the bill, arguing that it did not provide a concrete solution for the comprehensive promotion of land, maritime, and air transportation policies. In particular, while the bill aimed to absorb the Public Transportation Act and support public transportation, it only included buses, railroads, and urban railways as public transportation among land transportation modes, which they claimed discriminated against taxis.
At that time, the taxi industry stated, "Taxi transportation accounts for 43% of land transportation but faces management difficulties due to small-scale operations and a decrease in passengers," and "The exclusion of taxi transportation from the concept of public transportation causes significant dissatisfaction due to policy and financial discrimination." They added, "If the bill is enacted as is, it will result in the elimination of taxis not included in public transportation, which contradicts the legislative intent of comprehensive promotion of land, maritime, and air transportation policies."
In response, a revision bill to include taxis in the definition of public transportation was proposed by lawmakers. However, due to divided opinions, the bill was eventually discarded in May 2012. The public transportation status of taxis has not been realized since then, especially after former President Lee Myung-bak exercised a veto on the 'Taxi Act' containing this provision in January 2013.
The Basic Transportation Act was reintroduced by former lawmaker Lee Cheol-woo during the 19th and 20th National Assemblies but lost momentum and was shelved under the government's judgment that there was "no fiscal benefit." In the 21st National Assembly, Democratic Party lawmaker Jang Kyung-tae reintroduced the bill last December.
As the bill has been consistently proposed and social calls for universal transportation rights have grown, the Ministry of Land, Infrastructure and Transport decided that careful review is necessary and thus commissioned this research project. They plan to examine ways to codify transportation rights by referring to legislative examples from Japan and France, which share the same civil law tradition, as well as transportation-related rights codified in individual laws such as the Public Transportation Act and the Act on Transportation Vulnerable Persons.
The research will also identify conflicts with existing laws and necessary amendments to other laws that should be made concurrently with the enactment of the Framework Act on Transportation Policy. Based on whether to absorb or repeal the Public Transportation Act, the ministry aims to establish a rational legal system considering the functions of each law and administrative efficiency.
A Ministry of Land, Infrastructure and Transport official said, "We have not decided to enact the Framework Act on Transportation Policy but are first examining whether it is appropriate to do so," adding, "As there has been a demand for establishing a basic law to set transportation policy directions, we will carefully review whether the Framework Act on Transportation Policy can fulfill its role as the highest-level plan corresponding to changes in policy conditions."
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