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◇ Choi Hyung-Jin (Hyungjin Choi) announcer: Part 1 listen to stories in life through the voice of the field. The Minsik Law, which went into effect on March 25, is named after Kim Min-shik, who was killed by a car while crossing a crosswalk in a child protection zone in Asan, South Chungcheong Province, in September of last year. When it was overhauled, there were twists and turns, and even after it was implemented, it was hot. Let’s take a closer look at what is the reason and what methods are necessary for home remedies to work properly. Today I am with Kyung-il Jeong. Good Morning?
◆ Lawyer Kyung-il Jeong (Kyung-il Jeong): Yes, good morning.
I Choi Hyung-jin: It has been a month since the Civil Law was implemented.
◆ Kyung-il Jeong: Yes, it is.
◇ Choi Hyung-jin: Another controversy recently arose as a mobile game on the subject of the Minsik method. It is just a satire on excessive punishment, and this is a mockery of this opinion and of the deceased. How do you see a lawyer?
◆ Kyung-il Jeong: If the folk method is said to be non-specific to an unspecified majority, it can be seen as satire or humor. However, this case has killed, identified and even a specific person. And the type of game itself is hostile to children. Children should be avoided, and if not, the game is over. It is like the death of a user in the game. In a way, it turned into a game of hostility, but I didn’t point out anything specific about agility in this part, but when I look at the whole type of game, I think it’s almost ridiculous. Talking about this as satire or humor is a matter of judgment, but I think my personal thoughts are close to ridicule or insult.
◇ Choi Hyung-jin: Is there no criminal punishment for making fun of or insulting the deceased?
◆ Kyung-il Jeong: Yes, it is. There is a crime of defamation of the lion, but it is difficult to punish criminally because there is no part of the lion’s insult, but civilly, the deceased cannot claim civil damages, but the emotional trauma and suffering of the parents remain secondary. It is the same as persecution. Seems possible
◇ Choi Hyung-jin: Yes, I understand. Let’s take a look at the contents of the popular food method. The Minsik Law, as I said, has been a month since its implementation, but there are still many who do not know it. There may be a reason why the school was postponed to Corona19, but after implementation, traffic accidents at the children’s sanctuary have greatly decreased.
◆ Kyung-il Jeong: Yes, if you look at it numerically, there are 150,000 cases of speed limit violations, so if based on the previous year from March 25 to April 30, there were 50 accidents last year and injuries There were 50 people. Unfortunately, there were no deaths. However, this year, the incident itself involved 21 cases and 23 people were injured, making it true that the number of cases decreased by 58% and 54%. However, if you judge considering the crown effect, you should consider a little more.
I Choi Hyung-jin: Since I don’t go to school, it seems difficult to say that it is an accurate figure. Next month. From June 1, all students start school. Will there be many accidents then? What do you think?
◆ Kyung-il Jeong: I have very positive thoughts. Because this disagreement means that not only all viewers, but people also care. If I worry like that, I think I’ll put it into action. If this is the case, even if these concerns are met, driving habits at the children’s sanctuary will also change 180 degrees, and while there are many complaints, the accident is believed to be dramatically reduced.
◇ Choi Hyung-jin: Thought will decrease. What are the main causes of accidents in the areas of child protection in general?
◆ Kyung-il Jeong – You can think of 12 gross negligence, like normal signal violations and speeding. Neglecting the future, looking at smart devices and most of these accidents.
◇ Choi Hyung-jin: You can consider it as a place of attention.
◆ Kyung-il Jeong: Violation of the duty to drive safely is an important part of accidents.
◇ Choi Hyung-jin: Right. To prevent such accidents, the Minsik Law was prepared, but concerns and expectations have been mixed before implementation. The disagreement continues to this day, but first, let’s take a look at how the disagreement is mixed. What changes?
◆ Kyung-il Jeong: The Civil Transition Law also includes amendments to the Road Traffic Law, but this section is not divided into excellent opinions, and the special price law, so in the case of injuries and death, it was previously punished by a fine of 5 years or less and a fine of 20 million won or less. What was received now worsened. In the event of injuries, imprisonment of 500 to 30 million won or less and 1 to 15 years or less. In the event of death, it is correct to have been significantly raised to prison or three years or more.
◇ Choi Hyung-jin: It is possible to imprison a weapon.
◆ Kyung-il Jeong: Yes. You are really inclined to think that even the imprisonment that a typical driver has caused an accident is something to do, and somehow, it was done to condemn even unpredictable laws and imprison incarceration for drivers . I wonder if it is so. In reality, the most troublesome thing is that in the case of fines, it is 500 to 30 million won or less, and in the past, 20 million won or less. In the case of death, there was a part where the fine had disappeared, but there was this part. The fines have increased a little more, the fines have been removed and the punishment can only be imposed with parole.
◇ Choi Hyung-jin: That’s what’s important. I will not punish the part that I did not punish, but I will punish the part that was punished with more force. I think this is the key. Some people are concerned about the punishment of this amendment, so many people are too heavy. The worried voice is strong, as it is said that even if you rub yourself, you will face weightless punishment. How does it work?
◆ Kyung-il Jeong: Even if you rub yourself, you will be punished for the weight. This is the most extreme for those who have a negative position, and how can you be punished if you stop rubbing something that does not make sense? The car accident should at least be injured. This is a meaningless story. When I think about purpose, this means that even a slight injury is not punished for this. In any case, it is true that civil aggression in itself is a weighted punishment. It is true that we cannot deny this. However, not all conditions are penalized here, but if a child under the age of 13 violates the speed limit in the child protection zone or does not pay attention to the child’s safety, even if the speed limit has been observed, it is limited to this case. Also, what is called a child protection area is not widespread across the country, but the area itself is quite narrow when viewed across the entire area. In addition, the child protection zone itself has a radius of 300 m, but advances 333 m per minute, even if it advances at 20 km / h. It is an area that traverses in 1-2 minutes.
I Choi Hyung-jin: So, it is a law to punish more strongly if you do not fulfill the duty to continue as a driver. If the law obeys safety obligations, it is not included as a weighted punishment, but it is not easy for drivers to know the standards for safety obligations.
◆ Kyung-il Jeong: If you provide details on these areas, the police may seem less concerned, but if I give you an example, it is not explicitly defined in the law. In addition, in the case of the popular diet method, the specificity of children is also considered. When it comes to the specificity of children, it can suddenly jump on the road, or it can act suddenly. Think of it as a driver’s duty to keep in mind.
I Choi Hyung-jin: Since children can jump anytime, anywhere, it includes the duty to anticipate and pay attention to it. In fact, it is a children’s sanctuary, an environment where children are forced to jump suddenly, but in this case, if the negligence of the driver is very slight and a fatal accident occurs, they can be sentenced to prison without fines, and some they may lose their job. Especially in the case of a traffic accident, there are very few cases where there is no fault of the driver. Isn’t an abusive driver mass-producing?
◆ Kyung-il Jeong: Be careful about children’s safety if you tell me this. How to do this. I told you before, but I told you to drive with the unexpected behavior in mind, but even if you drive with the actual unexpected behavior in mind, an accident can happen. In the event of an accident, is it punished or not? In criminal trials, I don’t know if the driver was negligent or not, or not, in this case, I judge the number of the three cases. I am guilty as soon as I am there. If there is none, he is considered innocent. When he is ambiguous whether he is present or not, he is considered innocent in the interest of the accused. You must drive carefully for the safety of your child. When I tell you this specifically, you should not only look forward, but also left and right. Also, you must drive with the child in mind when you don’t know when to jump, and you should basically keep the speed limit, brake, and drive like this. Up to this point, even if there is an accident, we are not responsible, and this will not cause an accident. I did this, but there can be accidents, of course. So first of all, I am convicted of guilt and I am expected to be innocent. Even if you are not guilty but not guilty, you cannot go to jail all the time, but you can be suspended. Up to three years. In addition, civil law is still aggravated at the prosecution stage, even after leaving this area, but the special traffic accident management law is still in force. The prosecution may prosecute the prosecution entirely, or they may prosecute the special traffic accident law instead of civil law. Does a family have a bad opportunity due to the lack of a real fine? That way, you can make the most of the existing system. In addition, there are also systems that are considered violators of the Constitution due to the fact that the party has presented a constitutional petition for this part, even if it is a very extreme and negative case, as the real story says. Furthermore, even before thinking about this, he had no fines, no jobs, and one child died before talking about this. When a person dies, it is true to speak of a fine and to speak of a job. I think you should think if you are thinking only of yourself.
I Choi Hyung-jin: I think the part that you are saying is the part that drivers are misunderstanding. If you do it very well, it is not covered by the Civil Code. I think this is the key. In fact, it is often more dangerous to go through a child protection zone due to illegally parked vehicles.
◆ Kyung-il Jeong: Yes, it is. The car accident itself caused by Minsik is also an accident that happened while passing a crosswalk because there was a crosswalk while waiting for the vehicle to turn left. When the driver sees, the field of view is not visible. If the driver says he is invisible, he should stop and continue when there is a crosswalk. However, if there is an obligation to drive in the case of invisible parts, even on a normal road, not in a crosswalk, it is not visible due to illegally parked vehicles. In this area, illegally parked vehicles are not only subject to repressive measures, but are now generally 40,000 won for passenger cars and 80,000 won even if doubled. Starting in the first half of the year, it is said to be 120,000 won, but drivers should pay special attention to the fact that even if they do, they will not only be punished on criminal charges, but will also be held accountable not only for liability civil but also criminal liability for negligence if an accident occurs.
◇ Choi Hyung-jin: Yes, it is. We just talked about parking, but since the Minshik accident happened in an environment where it was difficult to ensure the field of vision, I think we need a solution to get rid of the blind spot in the children’s sanctuary. Does the revised invoice include this?
◆ Kyung-il Jeong: This is not included in the revised bill. In this area, it is not just about increasing the fine for illegal parking, but even now, it seems that it will be possible to resolve it by not making laws and taking appropriate crackdowns.
I Choi Hyeong-jin: Even children, in fact, sometimes don’t see vehicles coming due to parked cars.
◆ Kyung-il Jeong: Yes, it is the same.
◇ Choi Hyung-jin: What are some of the efforts necessary to effectively implement the civilian diet law?
◆ Kyung-il Jeong: The effort required is actually children and drivers. The accident party. You just have to be careful, but there are limits that children can be careful about. Also, there is a limit to how parents educate them. The child himself is still a minor, and the driver must be careful because not all cognitive skills are developed. The specific duty here is not to put my feet on the gas as I mentioned earlier, but on the brakes. First of all, the speed itself is supposed to go, the vehicle. There is no reason to step on the gas, at a speed limit of 30 km. And again, you should be aware that you don’t know when and where children jump. You should not only look forward, you have to look left and right. Basically, you have to do this, and when it suddenly appears, you don’t just have to brake, you have to apply the full brake. What I am talking about at the moment is not too demanding, but basically it is done in other countries. You should do this, even if you have an accident. You can make excuses, and this does not mean that it is not hard. I hope the drivers stay that long.
◇ Choi Hyung-jin: Last question. This is number 3541. “Is the child injured and if the driver is only 1% negligent, does the minimum penalty of 5 million won apply? Or is the amount of the fine adjusted according to the negligence rate as in the case of a traffic accident? You did it.
◆ Kyung-il Jeong: First, I say only 1%, but in the criminal court I didn’t judge it as a percentage. In the case of the civil court, it is not judged as a percentile, up to 10% and even up to 1% in the civil court, in general, it is judged as 90%, 80%, in 10 units. However, it is ambiguous whether there is an error, whether or not there is an error in the criminal trial. If that’s the case, there’s no reason to discuss the next part of this, and even if the error is caught, of course this is the lowest 500 in the case of a fine considering the circumstances of the accident, but if the judgment it is reduced, it is 2.5 million won. Also, the prosecution side may defer the accusation if it appears to be truly unfair.
◇ Choi Hyung-jin: Right. It does not depend on the fruit rate.
◆ Kyung-il Jeong: Yes, but the general fine is proportional to the negligence rate.
◇ Choi Hyung-jin: Yes, I understand. Today I learned about the popular diet method. Thanks for the word
◆ Kyung-il Jeong: Yes, thank you.
I Choi Hyung-jin: Until now, I have been with attorney Kyung-il Jeong.
