Person A was caught by a speeding camera around 4:40 a.m. on a day in January while driving near an elementary school in Anyang, Gyeonggi Province. This area is a children’s protection zone (school zone), and Person A exceeded the speed limit of 30 km/h by 18 km. However, they were driving 2 km below the general road speed limit of 50 km/h in the urban area. Person A noted, "What child would be walking around at that hour before dawn?" stating that the regulations are excessive.
According to the legal community on the 5th, a petition for constitutional review was filed with the Constitutional Court, stating that the current Road Traffic Act, which does not allow exceptions to the speed limit in children’s protection zones, violates the principle of excessive prohibition and infringes on the right to freedom of action.
◇There are 17,000 children’s protection zones nationwide... most have a 30 km/h speed limit 24 hours a day
Children's protection zones are areas where vehicle speed is limited to 30 km/h within 300 meters of the main entrances of kindergartens, elementary schools, and academies (up to 500 meters if necessary). The speed limit regulation of 30 km/h was introduced along with the amendment of the Road Traffic Act starting in January 2011. As of the end of 2023, there are 16,940 children's protection zones nationwide.
The 30 km/h speed limit was introduced to minimize casualties even if a traffic accident occurs. According to the Korea Road Traffic Authority, if a car traveling at 30 km/h collides with a person, 90% of pedestrians can survive. It is said that the probability of death significantly increases beyond 30 km/h.
According to the current Road Traffic Act, the speed limit in children’s protection zones is uniformly applied 24 hours a day unless there are special circumstances. The only difference is that from 8 p.m. to 8 a.m. the following day, points, fines, and penalties for violating the speed limit are not increased by 2 to 3 times.
◇Since the 'Min-sik Law,' the number of speed cameras has increased, leading to more violations detected at night
However, there has been a consistent outcry that the regulations are excessive. The reason is that children who need protection from vehicles do not typically roam around late at night before or after going to kindergarten or elementary school. Since the so-called 'Min-sik Law' was implemented in March 2020, the installation of unmanned speed cameras in children’s protection zones has significantly increased, leading to more instances of violations, resulting in rising discontent among drivers.
During the 21st National Assembly in 2023, Representative Kim Seung-soo of the People Power Party proposed an amendment to the Road Traffic Act to adjust the speed limit based on the volume of children or pedestrians and the risk of accidents. Even in the 22nd National Assembly, Representative Woo Jae-jun of the People Power Party submitted a similar amendment last year.
◇In 2021, among 523 traffic accidents in children’s protection zones, there were '0 incidents' of child accidents late at night
In fact, statistics indicate that there are no accidents occurring during late night hours. An analysis by the Ministry of Legislation found that while there were 523 traffic accidents in children’s protection zones in 2021, there were no accidents involving children from midnight to 6 a.m.
The police are also reflecting these opinions and are conducting pilot projects to relax the speed limits in children's protection zones based on the time of day in some areas. In the children’s protection zone near Kwangwoon Elementary School in Jangwi-dong, Seongbuk-gu, Seoul, the speed limit was raised to 50 km/h from 11 p.m. to 7 a.m. starting in October 2022. There were no pedestrian traffic accidents in that area for three months thereafter. The vehicle speed during the night hours also increased.
The Korean National Police Agency determined that this approach has proven effective and began full enforcement of the 'Children's Protection Zone Time-based Speed Limit' in August 2023. Subsequently, the Jeju Autonomous Police Agency raised the speed limit to 50 km/h from 9 p.m. to 7 a.m. in the children’s protection zone near Sin San Elementary School in Seogwipo City this January. The Jecheon Police Station plans to raise the speed limit during nighttime hours in the first half of this year. However, as of the end of last year, only 43 children’s protection zones had the nighttime speed limit relaxed nationwide.
◇In Singapore, children’s protection zones are only enforced three times a day during school commute
Major countries overseas are operating children’s protection zone speed limits flexibly. According to the Korea Transportation Institute, Virginia in the United States applies a system that lowers speed limits only for 30 minutes before and after school arrival and departure times. In many of the 36 states in the U.S. that clearly define children’s protection zone operations in the law, speed limits can only be lowered if a feasibility study is conducted to enhance traffic safety.
In Singapore, the speed limit in children’s protection zones is reduced to 40 km/h only during three specified time periods: from 6:30 a.m. to 7:45 a.m., from noon to 2:30 p.m., and from 6 p.m. to 7 p.m. At other times, vehicles can travel at a speed of 50 km/h.
However, the Korean National Police Agency is of the position that the application of the 'Children's Protection Zone Time-based Speed Limit' should be expanded. The agency stated regarding the amendment to the Road Traffic Act proposed by Representative Woo Jae-jun, "The current laws regarding child protection were established as a result of discussions in the National Assembly in response to the social demands arising from repeated child traffic accidents. Therefore, there is a need for careful review, as regulatory relaxation could potentially lead to a recurrence of similar accidents."