Guideline Set for Criminalizing Drivers

By Park Si-soo

Staff Reporter

The Supreme Prosecutors' Office announced Friday a set of guidelines to handle car accidents and resultant ``serious injuries'' in a bid to remove confusion involving a court's ruling holding comprehensively insured drivers criminally liable for accidents and any resultant injuries.

The announcement came one day after the Constitutional Court ruled that insured drivers were criminally liable for accidents, which threw police, insurance firms and drivers into confusion. It defined ``serious injury'' as something that threatened life, crippled an individual with no chance of recovery, or caused incurable permanent diseases.

``Drivers inflicting such injuries are basically to be indicted,'' the office said. ``But we will cautiously approach the issue for the moment as there are still no concrete guidelines carrying binding legal force.'' It plans to have discussions with those in the legal, medical, and insurance circles to further clarify the guidelines.

However, experts remain doubtful about the effectiveness of the measures.

The Thursday ruling said a clause enacted in 1981, which exempted drivers with comprehensive car insurance policies from criminal charges even if they caused an accident that ``seriously injured'' people, was unconstitutional.

With the decision, a driver involved in an accident that ``seriously injures'' people is to be indicted regardless of the driver's subscription to an insurance policy that inclusively covers all costs involving accidents. Violators can face up to five years in prison or a 20 million won ($13,000) fine.

However, the unexpected ruling, which will change a decades old practice, is stirring a dispute that is unlikely to subside soon. The definition of ``serious injury'' is vague among other things, insurance executives complained.

Separate from the prosecution's move, the Ministry of Justice is seeking to draw up a replacement to the traffic law clause that became void Thursday through the high-profile ruling.

Current criminal law defines ``serious injuries'' as something that threatens one's life or cripples an individual with no chance of recovery. But experts claim it's so vague that it's necessary to make another clear and detailed definition. A criminal law textbook provides more detailed definition, limiting it to cases where a victim permanently loses a body part or function or suffers incurable brain damage. But they also said it couldn't be seen as a clear legal guideline.

The Ministry of Justice is also trying to come up with follow-up measures as early as possible.

``The most important thing is to come up with clearer and more detailed guidelines,'' the ministry said. ``We will look into all relevant court rulings.''

Police are also at a loss. So far, they have used a self-developed guideline in which a victim hospitalized for more than three weeks was considered seriously injured.

``Car accident invites a variety of aftereffects. Sometimes, they take place longtime after, meaning it may be extremely difficult to set a clear definition on what a `serious injury' is,'' a police officer said.

Mixed reaction

The ruling has drawn mixed reactions from lawyers and the insurance industry. In the ruling, the court said this is a warning against drivers who have paid little attention to safe driving because of the protection provided by their insurance policies.

The legal circle showed positive reaction.

``Even if a victim lapses into coma in the aftermath of an accident, drivers with insurance polices could avoid criminal charges,'' said Han Moon-cheul, a lawyer specializing in car accidents. ``If a driver is responsible for incurable damage, he or she should be held criminally liable.''

The main purpose of enacting the clause in 1981 was to get more drivers to subscribe to insurance policies, resulting in reducing the number of convicted drivers. ``It was much easier for victims to be compensated and we could also handle such cases much faster than those uncovered,'' a prosecutor said. ``But it was gradually turned into a legal shield for careless drivers.''

The insurance industry raised concern over possible side effects. It is concerned that some victims may seek to extend their period of hospitalization as a bargaining chip in compensation deals.

``Those with insufficient funds, mostly in the low-income bracket, will be vulnerable to such swindlers disguised as victims,'' a manager from an insurance firm said.

They also express concern over the emergence of people, who intentionally throw themselves in front of a moving vehicle for financial purposes.

``Unlike the past, cargo truck drivers, substitute drivers, cabbies and all others relying on driving for their income will be hit hardest,'' said the manager.

[출처 : 코리아타임스]