'Cheongdam-dong School Zone Accident' Police's Inadequate On-Site Investigation... Controversy Over 'Hit-and-Run Not Applied'

No On-Site Investigation After Dispatch
No Application of Hit-and-Run Manslaughter Charges Under Special Act

[Asia Economy Reporter Jang Sehee] A man in his 30s who fatally struck an elementary school student while driving under the influence in a school zone in front of an elementary school in Gangnam, Seoul, has been arrested. However, it has been revealed that the police did not conduct a proper on-site investigation even five days after the incident, sparking controversy.

According to a compilation of reports from Asia Economy on the 7th, the Gangnam Police Station in Seoul had not conducted a separate on-site investigation as of the fifth day after the fatal accident involving an elementary school student in the school zone of Cheongdam-dong on the 2nd. On the day of the accident, the police only responded to the 112 emergency call and arrived at the scene, but did not accurately measure the distance the actual driver traveled in the vehicle, which has become a point of contention regarding the non-application of hit-and-run charges.

The man in his 30s, identified as Mr. A, is accused of fatally hitting a third-grade elementary school student, who was returning home after after-school classes near an elementary school in Cheongdam-dong, Gangnam-gu, Seoul, at around 4:57 p.m. on the 2nd. Investigations revealed that Mr. A struck the student, Mr. B, who was crossing the crosswalk while Mr. A was making a left turn into the alley where his home is located behind the elementary school’s back gate. After the accident, Mr. A drove about 20 meters further to his home parking lot. Mr. B was transported to a nearby hospital but died.

Although Mr. A continued driving without stopping after the accident, the police did not apply hit-and-run charges against him. The police stated that because Mr. A returned to the scene 43 seconds after parking the accident vehicle at his home and was caught on CCTV holding a phone and attempting to report the incident himself, they did not apply charges for fleeing the scene resulting in death under the Special Act on Aggravated Punishment. The police’s position is that since Mr. A returned to the scene within 43 seconds and was present when the fire department and police arrived, it is difficult to consider this as 'fleeing.'

Hit-and-run refers to a crime where a driver who causes injury, death, or property damage by operating a vehicle fails to take appropriate measures such as providing aid, personal information, reporting, or transporting the victim to a hospital and instead flees the scene. Legally, it corresponds to 'failure to take measures after an accident' under the Road Traffic Act and 'fleeing vehicle offense' under the Act on the Aggravated Punishment of Specific Crimes. The 'failure to take measures after an accident' requires the driver or other crew members to 'immediately stop' and take necessary actions such as aiding the injured or providing personal information to the victim when a person is injured or property is damaged due to vehicle operation. However, Mr. A did not stop immediately after the accident and continued driving more than 20 meters before parking at his home. This violates the law requiring immediate stopping and necessary aid to the injured.

Despite the potential for controversy, the police confirmed Mr. A’s charges based solely on CCTV footage and witness statements obtained at the scene. This has led to criticism that the charges were applied without a proper on-site investigation and has caused backlash from the victim’s parents. The police applied only the charge of causing death in a child protection zone under the Act on the Aggravated Punishment of Specific Crimes, known as the Min-sik Law, against Mr. A, excluding the hit-and-run charge under the Special Act.

After the investigation began, a police official stated on the same day, "We plan to conduct an additional on-site investigation today." The police intend to supplement the exact circumstances of the accident and Mr. A’s actions before and after the accident and will soon send the case to the prosecution.