Government and Ruling Parties Begin Preparations for Enacting the Basic Transportation Act
Considering Inclusion of Mobility Rights in Constitutional Amendment
"Transportation Should Be a Universal Service for All Citizens"
The government and the ruling party have begun practical work to enact the Basic Transportation Act. This will provide a legal basis for fundamentally guaranteeing mobility rights for people living in island and mountainous regions, as well as for persons with disabilities. Although there were previous attempts to legislate such a law, they ultimately failed due to difficulties in coordinating opinions among stakeholders. This time, however, as both the government and the political community are showing strong motivation to push the legislation forward, there are growing expectations that the law will be enacted.
It has also been reported that, at the party-government level, there is consideration of amending the Constitution to explicitly include mobility rights. If mobility rights are recognized as a constitutional fundamental right, it is expected that the public sector will have a clearer basis for expanding transportation services. Lee Hanju, chairman of the National Policy Planning Committee, recently listed housing, healthcare, care, education, and transportation as services that all citizens should universally enjoy in his book "Basic Society."
According to coverage from the National Assembly and the Ministry of Land, Infrastructure and Transport on the 17th, Yoon Junbyung, a lawmaker from the Democratic Party of Korea, introduced the Basic Transportation Act bill in late June. Representative Yoon explained, "By integrating the main provisions of the complex and pluralistic transportation-related laws, we aim to establish the 'Basic Transportation Act' to lay the foundation for improving transportation services for the public and to provide direction for other related laws as the fundamental law of transportation."
Activists from the National Solidarity for the Elimination of Discrimination against Persons with Disabilities are boarding low-floor buses during the 17th Bus Action event. Photo by Yonhap News
This bill was submitted to the subcommittee on transportation legislation of the National Assembly's Land, Infrastructure and Transport Committee the previous day but was not processed. The Basic Transportation Policy Act, which was introduced last year by Um Tae Young, a lawmaker from the People Power Party, was also scheduled to be discussed on the same day but was not addressed. There is no significant disagreement between the ruling and opposition parties; rather, discussions on other agenda items ran long. Although there are some differences in the details of the bills proposed by both parties, both share the intention to strengthen transportation services at the public level, making future cooperation between the ruling and opposition parties likely.
The ruling party's proposal includes provisions for developing a mid- to long-term roadmap (a 20-year master plan and five-year implementation plans) to enhance the efficiency of the transportation system, as well as establishing a "minimum transportation service standard" to assess income and cultural levels. The bill mandates the implementation of measures to improve transportation services in vulnerable areas and requires policies to protect the rights and interests of workers and users. It also includes the creation of a transportation welfare fund to support the guarantee of transportation rights and the improvement of services. Funding sources will include government contributions, settlement of revenues from the Transportation, Energy, and Environment Tax Act, transportation impact fees, lottery proceeds, and donations.
The enactment of the Basic Transportation Act is one of President Lee Jae Myung's campaign pledges. Since the government first attempted to introduce such legislation in 2011, both the ruling and opposition parties have proposed similar bills multiple times. As transportation modes and systems have become more diverse and welfare needs have increased compared to the past, there has been a consistent call for a basic law that comprehensively covers all transportation-related matters scattered across various laws.
Lee Jae Myung, leader of the Democratic Party of Korea, is meeting with representatives from the National Solidarity for the Elimination of Discrimination Against Persons with Disabilities (Jeonjangyeon) to hear their suggestions regarding the Disability Welfare Act while attending a forum held at the National Assembly Members' Office Building in 2023. Photo by Kim Hyun Min kimhyun81@
Although bills have been introduced sporadically, the main reason the law has not been enacted is the financial burden perceived by fiscal authorities. If a basic law is established, it is highly likely to include mandatory provisions for regularly surveying transportation conditions and for supporting regions or groups that fall below certain standards. Local governments are already facing overwhelming demand for transportation-related social overhead capital (SOC), and the law would provide further justification for even more active demands.
A government official said, "Just as we established a basic law more than ten years ago to recognize housing as a fundamental right, there is also a consensus that transportation should be considered a fundamental right requiring public support." However, the official added, "Since budget allocations are involved, it will be difficult to implement the law based solely on the will of a particular ministry."
In addition to budget execution, coordination among stakeholders is expected to be a challenge. A major point of contention is whether taxis should be considered public transportation. Currently, taxis are not classified as public transportation under existing laws, but if this changes, it will inevitably require budgetary support similar to that provided for subways and buses. Existing public transportation workers and companies have consistently voiced opposition, anticipating that expanding the scope of support to include taxis would reduce the amount of support available to them.
President Lee has taken this into consideration, having pledged to recognize taxis as "quasi-public transportation." He has promised to ease regulations and increase support for demand-responsive public taxis in remote and isolated areas with poor external accessibility, as well as for call taxis for persons with disabilities and others.
Rural welfare taxi introduced by Jeongeup City, Jeollabuk-do. It is a means of transportation for residents in areas where buses do not operate. Photo by Yonhap News, provided by Jeongeup City
To clarify the legal basis, the ruling party is reportedly considering specifying mobility rights in the Constitution during a constitutional amendment. Prime Minister Kim Min Seok is said to have recently shared these plans at the Korea Transport Institute. While some countries, such as Germany and Canada, recognize mobility rights as a fundamental constitutional right, the Korean Constitution does not. Transportation experts have long argued that mobility rights should be recognized as a fundamental right, so that transportation welfare can be more broadly provided not only to vulnerable groups but also to the majority of citizens.
Once the Basic Transportation Act is established, it is expected to become much easier to promote transportation-related projects that require budget expenditures. For example, village taxis serving areas with low public transportation accessibility currently rely on local government budgets, but national funding would become immediately available. With the widespread adoption of smartphones and the universalization of IT-based platforms capable of implementing complex transportation services, conditions are now more favorable than ever for launching diverse projects and programs compared to the past.
However, there are concerns that, given the current shortage of tax revenues, it will not be easy to establish a new fund to support transportation welfare. An official from the Ministry of Land, Infrastructure and Transport said, "We plan to finalize the specific contents of the bill through consultations with the National Assembly."
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