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		Troll_Bait
 
  
  Joined: 04 Jan 2006 Location: [T]eaching experience doesn't matter much. -Lee Young-chan (pictured)
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				 Posted: Tue Mar 03, 2009 2:44 am    Post subject: Reckless drivers now more criminally liable? | 
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				http://joongangdaily.joins.com/article/view.asp?aid=2901596
 
 
 
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	  Buying comprehensive insurance policies will no longer exempt drivers from criminal liability if they injure others in a car accident, the Constitutional Court ruled yesterday.
 
 
The court ruled yesterday that a special clause covering traffic accidents in Korea is unconstitutional. The ruling ends a decades-long practice that exempted insured drivers from criminal liability in car accidents unless the driver had committed a serious violation, such as a hit-and-run or was driving under the influence of alcohol.
 
 
With the ruling, all drivers who seriously injure others in a car accident will be prosecuted, whether they subscribe to a comprehensive insurance policy or not.
 
 
The change is effective immediately. | 
	 
 
 
 
This is very good news, since Korea has the most dangerous traffic in the OECD.
 
 
But wait ...
 
 
http://joongangdaily.joins.com/article/view.asp?aid=2901635
 
 
 
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	  | The Constitutional Court�s Thursday ruling has spurred a debate over whether the court has made the right decision, as the decision is likely to increase the number of traffic accident offenders who have to be prosecuted. | 
	 
 
 
 
You've got to love that logic: Passing laws means that criminals have to be prosecuted, and that's just so inconvenient.  So let's not pass any laws.
 
 
*facepalm* | 
			 
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		BreakfastInBed
 
  
  Joined: 16 Oct 2007 Location: Gyeonggi do
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				 Posted: Tue Mar 03, 2009 4:32 am    Post subject: Re: Reckless drivers now more criminally liable? | 
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	  | Troll_Bait wrote: | 
	 
	
	  
 
You've got to love that logic: Passing laws means that criminals have to be prosecuted, and that's just so inconvenient.  So let's not pass any laws.
 
 
*facepalm* | 
	 
 
 
 
Yeah, certainly sounds strange.  But to play devil's advocate for a moment, suppose it's an automatic thing, it's hard to tell from the language.  What I mean is, if I'm in an accident and the other driver is seriously hurt and I'm not, do I automatically get prosecuted regardless of fault or cause of the accident?  Sounds ridiculous you say, but recall for a moment the recent plight of the Indian fellows from the oil spill incident.  Bear in mind this is Korea, the land where if you attack me and, in the course of defending myself, I hurt you worse than you hurt me then I'm the one who pays damages.  I'd hate to lose my license, not to mention my wallet, to some idiot who careens into me and busts himself  up flying through the windshield because he wasn't wearing his seatbelt.   
 
 
If someone has to be prosecuted in every accident where anyone is badly injured, regardless of who caused the accident, I could see where that would be a big headache and needlessly tie up the courts (not to mention be a colossal perversion of justice).  The choice to prosecute should be that, a choice left to the discretion of responsible authorities.  It wouldn't surprise me to learn the ruling was written without adequate forethought and sloppily enough to be interpreted in such a way.
 
 
I'm all for cleaning up the roads here and it sounds like the court has the right idea, however, it seems so simple and makes too much sense for me to believe there isn't some piece of insanity involved in it somewhere. | 
			 
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		Bibbitybop
 
  
  Joined: 22 Feb 2006 Location: Seoul
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				 Posted: Tue Mar 03, 2009 11:12 am    Post subject:  | 
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				| I drive a motorcycle and I'm torn.  On one hand, I hate Korean drivers, especially motorcycle delivery men.  But I also hate Korean pedestrians.  God help you if you are driving on a street with no sidewalk.  They have no awareness and will walk right in front of you.  Or they let their kids run into the street without a moment's notice.  I don't want to be liable because little JongHo ran in front of me while mommy looked at 10,000 shoes on the sidewalk. | 
			 
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		Cheonmunka
 
  
  Joined: 04 Jun 2004
 
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				 Posted: Tue Mar 03, 2009 2:55 pm    Post subject:  | 
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				You are quite right Bibbity. On the other hand, people who are neglectful while driving are many. They need to be punished for their carelessness. 
 
 
As for riding, yeah, I stay away from bikes and give them space, many drivers don't. I saw a crunched up bike on the side of the road the other day. It was basically squashed. Horrible to think that that rider died just at that spot. 
 
Be careful out there.
 
 
PS: About kids running out. As a driver, you've got to expect the unexpected. That's what defensive driving is. You keep an eye on them as you slowly go by. You don't hoon it down streets like some idiots (esp taxi drivers) do. | 
			 
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		sjk1128
 
 
  Joined: 04 Feb 2005
 
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				 Posted: Tue Mar 03, 2009 3:14 pm    Post subject:  | 
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				I'm with Bibbity on this one. The kids in my last neighborhood were CRAZY, and their moms would stand right there and say nothing to them after they jumped in the street and I screeched to a halt to avoid hitting them or the oncoming car. They literally used the parking lot and the streets around their apartment buildings as a playground - even though there was a sizeable one provided. 
 
 
What burns me up is that even if someone jumps in front of my car on a highway with a suicide note pinned to his chest, I can be held liable for hitting him in Korea. I don't understand the "everyone's at fault" mentality. It's far too fatalistic. | 
			 
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		ryoga013
 
  
  Joined: 23 Nov 2008
 
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				 Posted: Tue Mar 03, 2009 5:18 pm    Post subject:  | 
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				Koreans are worse than English futbol players in games that mean something. They cry and moan and say that their leg's been chopped off until a ruling has been made about who's at fault, they jump right up and take a penalty kick. Likewise, those in accidents ride out the blood money train until the other party goes dry. 
 
 
There will still be great deals of perversion where the older person will be let off free.
 
 
I think the age discrimination needs to be the first thing destroyed before this country can break free and develop at even greater speeds.
 
 
That and some basic parental guidance... but I guess both of these might be asking a bit too much.... | 
			 
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		bassexpander
 
 
  Joined: 13 Sep 2007 Location: Someplace you'd rather be.
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				 Posted: Tue Mar 03, 2009 5:35 pm    Post subject:  | 
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				| I wonder how long it will be before rich people are scammed/targeted by groups in two cars trying to cause accidents.  I'm sure it happens already.  I'm not saying the law is a bad idea -- some people can be very crafty about finding ways to cheat others out of money. | 
			 
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