School Zone Traffic Accident/Min-sik Act

The persons protected under the Child Protection Zone Traffic Accident/Min-sik Act are children under the age of 13, and this includes not only children who are walking but also those riding a bicycle or a kick scooter.

As a rule, all drivers are prohibited from parking or stopping within a child protection zone, and a violation may result in an administrative fine under the Road Traffic Act and the Min-sik Act, or, where an accident occurs, in criminal punishment.

In addition, the installation of an on-street parking lot is itself prohibited on roads connected to the entrance of a facility designated as a child protection zone, and such physical environmental measures reflect the priority placed on the safety of children.

Within a school zone, the passage of motor vehicles and the like may itself be legally restricted or prohibited in order to prevent accidents.

According to Article 9 of the Rules on the Designation and Management of Protection Zones for Children, the Elderly, and Persons with Disabilities, the commissioner of a city or provincial police agency or the chief of a police station may take the following measures for the safety of the relevant zone.

This is not a matter of traffic inconvenience, but because such vehicles can obstruct a child's line of sight or become a factor that increases the danger when a child acts unexpectedly.

No vehicle driver may stop or park a vehicle in a location designated as a child protection zone.

▶ Recognized Exceptions

Where a driver causes bodily injury or death to a child in a child protection zone through occupational negligence or gross negligence, the following punishment applies.

▶ Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act

▶ Points to Note

The Min-sik Act (Article 5-13 of the Act on Aggravated Punishment of Specific Crimes) imposes very strict punishment on accidents within a child protection zone, in particular those causing the death or injury of a child under the age of 13.

▶ Summary of the Requirements for Aggravated Punishment

Where the driver flees without stopping after the accident occurs, or leaves without rescuing the victim, the driver constitutes a 'fleeing vehicle' and receives more severe punishment than under the Min-sik Act.

▶ Article 5-3(1) of the Act on Aggravated Punishment of Specific Crimes

Where the driver abandons the victim, the punishment is more severe.

▶ Where the driver moves the victim by vehicle, abandons the victim, and then flees

• Stop the vehicle and activate the hazard lights

→ The driver must stop immediately and then take safety measures to prevent a secondary accident.

• Report to 119 or 112

→ Because there is a duty to rescue when the victim is a child, the driver must rescue the victim and at the same time immediately report the accident to the police.

• Check the victim's condition and take rescue measures

→ Even if the child appears to be unconscious, it is necessary to request first aid from 119 and to attempt to contact the guardian.

If the driver flees or fails to take rescue measures, this may be treated as a 'hit-and-run', giving rise to the possibility of life imprisonment or an actual custodial sentence.

The circumstances of the accident and whether the driver was negligent are proven through objective video material.

In particular, because a child protection zone traffic accident proceeds on the premise that 'the driver bears sole negligence', actively securing evidence is very important.

• Immediately back up the vehicle dashcam footage

→ The driving speed, compliance with traffic signals, a child's sudden movement, and similar matters may be confirmed.

• Request CCTV footage from nearby shops and schools

→ Because there are many private cameras in addition to public CCTV, it is necessary to photograph the scene immediately after the accident and to confirm the location of CCTV cameras.

• Secure witnesses

→ A witness's statement can become key material for a reduction of sentence or the apportionment of negligence in the police investigation or the criminal trial.

Once a certain time has passed after the accident, the driver may be booked as a 'suspect', and the investigation proceeds.

• Focus on objective facts when making statements

→ Statements such as "the child suddenly ran out" or "I kept to the speed limit" should be made only to the extent they can be proven by objective material such as dashcam footage.

Exaggerated or unsubstantiated assertions may lead to a loss of credibility.

• Organize the facts before reviewing the police record

→ Noting and organizing the circumstances of the case, the speed at the time of driving, the stopping position, and whether signs were present can be helpful when responding to the investigative authorities.

• Consultation with an attorney before making statements is recommended

→ Because the level of punishment can vary considerably depending on whether the Child Protection Zone Traffic Accident/Min-sik Act applies, it is advisable to consult an attorney before making statements and to prepare a prudent and strategic response.