Constitutional Court Upholds 'Min-sik Law' for Harsher Punishment in School Zone Fatal Accidents

Constitutional Court "Recognizes Legislative Legitimacy for Child Protection in Traffic Accidents"
Justice Lee Eun-ae "Uniformly Enhanced Punishment Even for Less Severe Offenses"

The Constitutional Court has ruled that the so-called 'Min-sik Act,' which imposes aggravated punishment on drivers who cause fatal accidents in school zones, does not violate the Constitution.

Chief Justice Yoo Nam-seok of the Constitutional Court (center) and the justices are seated in the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 23rd.
[Image source=Yonhap News]

The court dismissed a constitutional complaint filed by two lawyers who argued that Article 5-13 of the Act on Aggravated Punishment of Specific Crimes infringes on freedom of action, personal liberty, property rights, and equality rights, with a decision of 8 justices (constitutional) to 1 justice (unconstitutional).

The Min-sik Act stipulates that drivers who cause the death of a child due to negligence may face life imprisonment or imprisonment of three years or more, and those who cause injury may be fined between 5 million and 30 million won or imprisoned for 1 to 15 years.

The court judged, "The legislative purpose is justified as it aims to protect children from traffic accident risks by requiring drivers of vehicles to comply with speed limits and pay attention to child safety in school zones."

It also stated, "Aggravated punishment for drivers who violate their duty of care in school zones and cause injury or death to children can raise awareness of safe driving in these zones and contribute to reducing traffic accidents."

On the other hand, Justice Eun-ae Lee dissented, stating, "(The challenged provision) relies solely on harsher penalties without sufficiently considering the installation of facilities to prevent child traffic accidents or the design of new traffic systems, and uniformly imposes aggravated punishment even on relatively minor offenses."