Research Report
A study on the conversion of fines for negligence under the Road Traffic Act
I. Background and Purpose of Research
▶ System for operating administrative punishment system under the current Road Traffic Act;
○ Under the current "Road Traffic Act", the administrative penalty system for violations of traffic regulations is organized and operated as follows: "administrative punishment (Articles 148 to 159 of the same Act)", "traffic fines (each subparagraph of Article 156 of the same Act, each subparagraph of Article 157)", and "cancelation and suspension of driver's license and penalty system" as administrative sanctions.
Separation | Relevant regulation |
Administrative punishment | Where a penalty is imposed for a violation of the Road Traffic Act: Provisions from Article 148 (penalty provisions) to Article 159 (penalty provisions) of the Road Traffic Act; |
Traffic penalty | In the case of avoiding punishment by paying a certain amount instead of imposing punishment for violations of the Road Traffic Act: Only violations falling under each subparagraph of Article 156 or each subparagraph of Article 157 of the Road Traffic Act shall be specified as offenses (Article 162(1) of the same Act), and Article 93(1) of the Enforcement Decree of the same Act shall be specified in attached Tables 8 and 9. |
Gynecomastia | Where a fine for negligence is imposed as an administrative order penalty for a violation of the Road Traffic Act: Pursuant to Article 160 of the Road Traffic Act (Fine for Negligence), the maximum amount of imposition of a fine for negligence of not more than 5 million won, not more than 200,000 won, and the imposition of a fine for negligence of not more than 200,000 won and exceptions to the imposition of a fine for employers, etc. under unmanned control shall be prescribed. |
Administrative sanction (Revocation and Suspension of Driver's License, and Demerit Points) | As an administrative sanction for violations of the Road Traffic Act, the license is suspended or revoked within one year for violations of traffic laws prescribed by the Act, including drunk driving, reckless driving, and issuance of false licenses (Article 93 (1) of the Road Traffic Act and attached Table 28 of Article 91 of the Enforcement Rules of the same Act). Regulations on the penalty system to be used as a standard for canceling or suspending a driver's license (Article 93 (2) of the same Act). |
▶ Problems in the operation of the administrative punishment system under the Road Traffic Act;
○ Operation of a dualization system of penalties and fines for the same violation;
- The operation of the administrative punishment system under the "Road Traffic Act" can be evaluated as having some problems compared to the legislative purpose of the same Act to prevent dangerous acts that cause traffic accidents. In other words, traffic penalties and school fees under the same Act, which were introduced in terms of decriminalization of punishment and enhancement of the actual rights and interests of the people, delegate the choice to the violator for the same violation of obligations
- It is causing confusion in the practical operation of sanctions administrative dispositions that differ in legal nature, and above all, there is criticism that the incentive crackdown in the distinction between the two is a traffic penalty, and the unmanned crackdown is a bureaucratic administration due to a simple division system called a traffic penalty.
○ Increase in fines due to the expansion of unmanned control and limitation of sanctions against habitual violators
- As the government is currently operating to voluntarily pay fines for those who have violated traffic regulations caught in unmanned control equipment, there are limitations in the operation of the system that effective sanctions such as cancelation and suspension of driver's licenses are insufficient. In other words, if the actual driver cannot be identified, administrative dispositions related to the driver's license are impossible.
- In particular, it is not possible to restrict the driving of high-risk drivers who habitually violate traffic laws, such as canceling or suspending their driver's licenses, which hinders traffic safety, and it is necessary to manage such as revealing actual drivers through investigation of location and imposing fines and penalties, but it is limited to the disposition of fines due to lack of on-site personnel.
○ Controversy over the continued unconstitutionality of penalties in case of non-compliance with the summary trial related to the penalty system under the Road Traffic Act
- In the "Road Traffic Act", there is no punishment regulation for non-attendance of the summary judgment, and the disposition of license suspension is stipulated only in the enforcement decree without the delegation of the law, so an opinion that it is contrary to the "Legal Reservation Principle" (recently, Daejeon District Law 2015.5.29) has been raised
- Since the suspension of a driver's license (40 days) due to the imposition of 40 penalties on those who did not attend the summary trial is forcing them to attend the trial, opinions that it violates the right to a trial guaranteed by the Constitution and opinions requesting improvement are constantly being raised.
▶ Deriving measures to improve the effectiveness of the administrative punishment system under the Road Traffic Act;
○ The dualization of the penalty and fine system for violations of the same traffic laws as described above has ultimately resulted in a negative evaluation that the operation of the administrative punishment system under the same Act is insufficient to ensure the actual rights and interests of the relevant people.
○ In order to improve this, related ministries and others have previously discussed the 'plan to convert fines to fines' as a way to unify the system. Based on the review of these discussions from a legal point of view, the purpose of this study is to "seek and propose a plan to convert fines to fines to fines to enhance the effectiveness of unmanned crackdowns under the "Road Traffic Act".
Ⅱ. Contents
▶ Legislative composition and understanding of the administrative punishment system under the current Road Traffic Act
○ As a legislative form of the administrative punishment system under the Road Traffic Act, which is the subject of the study, it was intended to outline the current status and concept of the legal system on administrative penalties, school attendance fees, traffic penalties, and cancelation and suspension of driver's licenses as administrative sanctions, as well as clarify the legal and practical aspects of the study through statistical surveys of major traffic accidents. At this time, the method of cracking down and handling by unmanned control equipment in major countries such as the United States, Japan, and the United Kingdom was reviewed with the results of previous studies and related data to mention the need for advanced sanctions and legislation for traffic violations corresponding to the digital age.
▶ Recognizing the problems of the current system dualized into fines and penalties, a plan to unify it into fines
○ The current problem of the current traffic penalty and the uniform fee dualization system, which was designed to focus on whether or not to identify violators, is the status of operation and in particular 1. The inefficiency of the current fine system due to the expansion of unmanned control and the increase in the imposition of fines, and 2. The main legal-practical problems of the problem of the notification disposition system under the Road Traffic Act and the unconstitutionality of the penalty payment procedure (controversy over the unconstitutionality of penalties in case of refusal to the summary judgment) are specified, thereby deriving the need for system improvement.
▶ Legislative proposals to find a plan to unify it into teaching aid and to enhance the effectiveness of the system;
○ The purpose of this study was to clearly recognize the limitations of the management system dualized into the traffic penalty and the traffic penalty for the same violation of obligations, to demonstrate the validity of unification into the traffic penalty as an improvement plan, as well as to suggest a plan for setting specific imposition standards
○ In addition, in order to enhance the effectiveness of the fine system, 1. Imposition of the obligation to identify violating drivers on the owners of individual and corporate vehicles, 2. Strengthening responsibility as the manager (employer) of the violating vehicle and 3. Conduct legislative suggestions on restrictions on the issuance of driver's licenses for delinquent fines;
Ⅲ. Expected Effects
▶ Expectation of utilization as legislative basic data for the improvement of the future system in accordance with the search and legislative proposal for the conversion of fines into fines for negligence to enhance the effectiveness of unmanned control under the Road Traffic Act;
▶ It can be utilized as policy data for the development of technology and the preparation of a preemptive foundation for changes in the transportation environment