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A Study on an Improvement Plan for the Legislative System to Prevent Children Traffic Accident

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 96(), pp.269-285
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2021
  • Accepted : November 22, 2021
  • Published : November 25, 2021

seon eun ae 1

1송원대학교

Accredited

ABSTRACT

In our society, children are in the physically, mentally, emotionally and economically immature state, thereby being the subjects that will need to be socially protected safely for growing up to be an adult. But ensuring children's social safety right is not stipulated as a basic right in the Constitution. Still, the responsibilities of the state and local governments pertinent to children's safety rights are specified in 「Act on the Safety Management of Children」, which was enacted on May 26, 2020 with the aim of forming an environment where children can enjoy a happy and healthy life, through prescribing the matters for preventing a danger to children's lives and bodies and for securing children’s safety. Especially, owing to the revision of 「Act on the Aggravated Punishment, etc. of Specific Crimes」 pertinent to children traffic accident that may be considered to be a danger to children’s lives and bodies, the aggravated punishment for children's fatalities was established in school zone for children(under the age of 13). But whether it is the effective legislative improvement for children’s safety right in terms of this is being still raised a lot of controversy. As children’s traffic accident is the one that took place in the immaturely physical and mental state compared to an adult, its damage is shown to be bigger than an adult. Thus, to reduce children’s traffic accident and to guarantee safety right, the effective legal improvement is judged to be likely to be necessarily made. In terms of this, an appropriate improvement measure must be devised by various researches in consideration of characteristics in children traffic accident. This is in the reality of being emerged the necessity of establishing the direction of a policy that approaches in the social-security dimension of safety rights for children as well as in the aspect of simply diminishing children traffic accident. Therefore, what improves the relevant legislative system to children traffic accident and suggests an efficient policy with regard to children’s safety right should lead to allowing the essential education for preventing traffic accidents in children to be possibly carried out and to making a prompt action for this be taken systematically given the occurrence of children traffic accident. The perception in the country and society on children traffic accident as a serious social issue will lead to necessarily ensuring children’s safety right.

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