"3 Years Since 'Min-sik Law' Violation Trial... Could You Have Avoided It?" [Public Defender Report]

Taxi Driver Indicted for School Zone Accident
Prepares for Citizen Jury Trial with Court-Appointed Lawyers
Examining Details Such as Sunset Time
Persuading Jurors That the Accident Was 'Unavoidable'
Six Out of Seven Jurors Vote 'Not Guilty'

Editor's NoteFour out of ten defendants in criminal cases receive assistance from court-appointed (gukseon) lawyers. Court-appointed defense is a system established primarily to guarantee the constitutional right to counsel for suspects and defendants who find it difficult to hire private attorneys due to economic reasons. As such, 'court-appointed defense stories' often reflect the deep-rooted issues and blind spots within our society. Asia Economy's third report tells the story of taxi driver Kim Young-su (a pseudonym), who was indicted for violating the 'Min-sik Law,' and the court-appointed defense attorneys assigned to his case.

On the evening of November 11, 2021, at 7:45 PM, taxi driver Kim Young-su was driving his vehicle as usual and made a right turn at an intersection in Uijeongbu, Gyeonggi Province. The pedestrian signal was flashing, and no pedestrians were visible. After briefly stopping at the stop line, he turned the steering wheel considering the flow of traffic behind him. At that moment, a child suddenly darted out from the gap between a tree and the traffic signal controller.

Black box footage at the time of the traffic accident involving Mr. Kim Young-su (alias) and a child, which occurred around 7:45 PM on November 11, 2021. Provided by Mr. Kim.

Kim immediately applied the brakes, but the child collided with the vehicle. His view had been obstructed by a motorcycle passing on the right, overtaking the car behind him. Although Kim was startled, he promptly reported the incident to the police. Fortunately, the child did not sustain serious injuries, and the matter seemed to be resolved through insurance processing.

Contrary to expectations, that report marked the beginning of a criminal trial lasting over three years for Kim. The prosecution indicted him on charges of violating the Act on the Aggravated Punishment of Specific Crimes, commonly known as the 'Min-sik Law,' for causing injury in a school zone. The first trial resulted in acquittal, but the appellate court sentenced him to a fine of 5 million won, citing violation of the duty to protect children. Subsequently, the High Court pointed out procedural irregularities, overturned the decision, and remanded the case, which then proceeded to a citizen jury trial. During this process, Kim, who could not afford a private attorney, was represented by court-appointed lawyers.

Court-appointed defense attorneys Kim Eun-young and Lee Jin-sung focused on the advantages of the citizen jury trial. They believed that having citizen jurors directly hear and judge the defendant’s story, especially when the defendant like Kim claimed innocence, was more effective in persuading them about how unavoidable the accident was from the driver's perspective than relying solely on legal reasoning.

Uijeongbu District Court Public Defenders Eunyoung Kim and Jinseong Lee. Photo by Dayeon Yeom

During the preparation for the defense, the attorneys paid close attention to details, such as confirming the sunset time from the Korea Meteorological Administration. They explained in detail to the jurors that the accident did not occur during the usual school commute hours and that the accident site was a section without fences where jaywalking was frequent.

Expert reports commissioned from the National Forensic Service and the Road Traffic Authority also worked in Kim’s favor. According to the reports, Kim applied the brakes immediately upon recognizing the child, but physically could not avoid the accident.

The attorneys concluded their final argument by asking the jurors, "If you had been in that situation, could you have avoided the accident?" Ultimately, six out of seven jurors voted for Kim’s acquittal, and the court accepted their verdict, acquitting Kim. Kim said, "Even while watching news reports about accidents in school zones, I never thought I would be indicted for such a case," and added, "Now that I have been acquitted, I hope that in similar cases, drivers who are in situations like mine can have their grievances resolved."

Attorney Kim said, "Since the issue of school zones was a hot topic at the time, it might have been difficult to achieve acquittal without a citizen jury trial. Because there were unfair aspects in Young-su’s case, I felt a strong sense of responsibility and prepared very diligently. I am glad for the good outcome and hope it brings comfort after such a long and stressful period."

Attorney Lee stated, "This case is an important example that shows why the court-appointed lawyer system must exist and the strengths unique to citizen jury trials. Court-appointed lawyers see themselves as the last line of defense for those who are economically disadvantaged or have difficulty receiving help, so I hope people recognize that we work with a strong sense of duty."