The Constitutional Court ruled on the 29th that the provision canceling the taxi driver's license for individuals convicted of sexual offenses against children and teenagers is constitutional. The court determined that this provision is necessary to prevent taxi passengers from feeling anxious about sexual crimes and actually becoming victims.
On this day, the Constitutional Court unanimously decided, with all seven judges agreeing, that the first clause of Article 87 of the Passenger Vehicle Transport Business Act, which an individual taxi driver surnamed A claimed was unconstitutional, does not violate the Constitution.
Individual taxi driver A worked in Busan since 1993. However, A was indicted on charges of sexually assaulting children and teenagers by coercion and received a suspended sentence of 1 year and 6 months in prison last February.
In response, the mayor of Busan revoked A's taxi driver's license. This action was in accordance with the Passenger Vehicle Transport Business Act, which stipulates that the taxi driver's license shall be canceled if the individual receives a suspended sentence of a year or more for a coercive sexual offense against children and teenagers.
A filed a constitutional complaint after his request for a judicial review of the unconstitutionality of the license cancellation was rejected in an administrative lawsuit. A argued that the provision significantly restricts the occupational freedom of taxi drivers and violates the principle of excessive prohibition, thus infringing upon the freedom of occupational choice.
However, the Constitutional Court did not accept A's claims. The court stated, "The provision aims to protect citizens using taxis from sexual crimes and to alleviate anxiety regarding the use of passenger transport services, making the legislative intent justifiable."
The Constitutional Court also mentioned the specificity of taxis among public transport means. "Taxis have a high frequency of contact between the driver and passengers, with a small space and fewer passengers, which increases contact density." It noted that "since they operate late at night, the probability of passengers being exposed to danger is significantly higher compared to other public transport such as buses."
Accordingly, the Constitutional Court stated, "There is a need for relatively stringent regulations regarding taxi driving qualifications."
The court also stated, "It cannot be considered that the provision infringes upon the freedom of occupational choice for taxi drivers." It added that "even if the taxi driver's license is revoked due to this provision, the qualifications can be reacquired after the suspension period has elapsed, thus the disadvantage faced by taxi drivers is limited," and concluded that "the public interest of protecting citizens from crime, alleviating public anxiety about the use of passenger transport services, and ensuring public safety in road transportation is very significant."