Four Years Since Minsik Law Enactment, 88% of Violations Result in Suspended Sentences or Fines

Out of 373 First Trial Cases, Only 22 Resulted in Prison Sentences
Kang Hoonshik: "Punishments Must Be Convincing to the Public"

As the so-called 'Minsik Law' marks its 4th anniversary, out of 373 first-instance court rulings, only 22 resulted in prison sentences.

On the fourth anniversary of the enforcement of the so-called "Minshik Law," it was found that out of 373 first-instance verdicts, only 22 resulted in prison sentences.

According to Democratic Party lawmaker Kang Hoonshik (Asan-eul), from March 2021 to April 30 this year, there were a total of 373 first-instance trials nationwide for violations of the "Partial Amendment to the Act on the Aggravated Punishment of Specific Crimes," also known as the "Minshik Law," which mandates harsher penalties for causing death or injury to children by neglecting safe driving duties in school zones.

Of these, 22 cases (5.9%) resulted in prison sentences, 154 cases (41.2%) in suspended sentences, 158 cases (42.4%) in fines, 17 cases (4.6%) in suspended fines, and 19 cases (5.1%) in acquittals. There was one case of dismissal and three cases of suspension of sentence.

Among the 22 prison sentences, four involved the death of a child, with sentences ranging from a maximum of 12 years to a minimum of 2 years. The driver who received a 12-year sentence was driving with a blood alcohol concentration of 0.108%, crossed the center line, and struck four children walking on the opposite sidewalk. A 9-year-old child died from brain damage, and the other three required up to 12 weeks of treatment. In another case, a bus driver received a 6-year sentence for failing to stop at a green pedestrian signal and making a hasty right turn, resulting in the death of a 7-year-old child.

Looking at the duration of the prison sentences, more than half (13 out of 22) were for one year or less, and suspended sentences and fines accounted for 329 cases, or 88% of all verdicts.

Kang Hoonshik stated, "There are questions as to whether the level of punishment is appropriate to protect children from roadside dangers," and added, "Since sentencing guidelines for child fatalities and injuries in school zones have been applied since July last year, it is necessary to carefully review whether mitigation or aggravated punishment is warranted so that the public can be convinced that appropriate penalties are being imposed."