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A Study of Laws for Prevention of Traffic Accidents by Elderly Drivers

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.887-926
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim Chang-Hwee 1

1나사렛대학교

Accredited

ABSTRACT

The aging process of the Koreans is proceeding rapidly. Along with improvement of living condition and development of science and medical technology, the hypofertile issue will lead the elderly population to be more than 14% of the entire population soon. Eventually, Korean society will have the elderly population of 20% to reach the hyper aging society. The issues regarding an increase in aging population may cause many domestic problems. The increase in aged population leads to the increase in elderly drivers, and the increase in elderly drivers leads to the increase in traffic accidents. The increase in traffic accidents may be viewed simply with orderly manner, but in this study, a traffic accident by an eldery driver is assumed to be originated from physical changes related to eyesight, hearing, and reaction speed because those physical changes bring different driving behaviors through four steps of identification, prediction, decision, and implementation by other drivers. Moreover, overconfidence and low awareness of traffic accident probability are discussed as causes of traffic accidents by elderly drivers. Surely, these factors may directly cause traffic accidents, but in fact elderly drivers put more effort for safety driving or avoid driving as they realize their physical changes. In other words, elderly drivers avoid bad weather, heavy traffic congestion, or unfamiliar roads. On the other sides, accidents by teenage drivers are also remarkable such that the correlation of elderly drivers may not be viewed with a biased and single-sided perspective. Nevertheless, traffic accidents by elderly drivers are partially correlated with changes in driving behaviors by physical and mental factors of elderly drivers. In this perspective, to prevent traffic accidents, there shall be continuous studies to determine the causal relationship between aging and traffic accidents. This study takes the probability of traffic accidents by physical and mental changes of elderly drivers and reviews the system to prevent traffic accidents. To prevent traffic accidents, the process of elimination(survival of fittest) and the compensatory approach(fitting for survival) have been evaluated to review the improvement in laws and systems. The process of elimination(survival of fittest) is to limit the freedom of general driving behaviors under the premise that the risk of traffic accidents by physical and mental issues of elderly drivers is higher than other drivers, and the compensatory approach(survival of fittest) is a measure of policy to rectify physical and mental problems. Especially, the process of elimination(survival of fittest) may collide with the general rights of behavioral freedom extracted from the rights to pursue happiness and human dignity, and thus the relative issues have been reviewed.

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