Constitutional Court Rules "Provisions Canceling Taxi and Cargo Driver Licenses for Retaliatory Crimes Are Constitutional"

"Not a Violation of the Principle of Proportionality...
An Appropriate Means to Achieve Legislative Purpose"

The Constitutional Court has ruled that the current law requiring the cancellation of taxi and freight driver licenses for individuals criminally punished for retaliatory crimes does not violate the Constitution.

Yonhap News

On the 27th, the Constitutional Court unanimously upheld the constitutionality of Article 87 of the Passenger Transport Service Act, which includes provisions for canceling taxi driver qualifications and individual taxi licenses, as well as Article 23 of the Freight Transport Service Act concerning the cancellation of freight transport qualifications.

The contested provisions mandate the cancellation of driving qualifications for taxi operators or freight drivers who have committed retaliatory crimes under the Act on the Aggravated Punishment of Specific Crimes and have been sentenced to imprisonment with a suspension of execution of imprisonment or higher.

The petitioner, Mr. A, who held a taxi driver’s license, freight transport license, and individual taxi license, was sentenced in May 2020 to 1 year and 6 months in prison with a 3-year suspended sentence for retaliatory assault and retaliatory threats under the Act on the Aggravated Punishment of Specific Crimes.

Mr. A filed a constitutional complaint arguing that the contested provisions violated the principle of proportionality by canceling his licenses due to his criminal record. The Constitutional Court stated, “(The provisions) have a legitimate legislative purpose to protect citizens using taxis from crime and to alleviate public anxiety about taxi use,” and judged that “prohibiting taxi driving for a certain period is an appropriate means to ensure the qualifications of taxi operators and achieve the legislative purpose.”

The Court also found that the provision for canceling individual taxi licenses does not violate the principle of proportionality. Regarding the cancellation provision for freight transport qualifications, the Court noted, “Those engaged in parcel delivery services within freight transport often visit customers’ residences directly or deliver goods face-to-face, closely interacting with the general public,” and recognized “the public interest in preventing individuals lacking a sense of legal compliance from engaging in such driving duties.”