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madoka
Joined: 27 Mar 2008
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earthbound14
Joined: 23 Jan 2007
Location: seoul
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 Posted: Mon Nov 09, 2009 2:44 pm Post subject: |
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| Well I must say the folks talking about the law seemed pretty damned smart...the lawmakers....stupid. |
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Xuanzang
Joined: 10 Apr 2007
Location: Sadang
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| Posted: Mon Nov 09, 2009 2:53 pm Post subject: |
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| As if they needed another distraction on the road. Toddlers on the lap, texting and makeup aren't enough? |
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Smee
Joined: 24 Dec 2004
Location: Jeollanam-do
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| Posted: Mon Nov 09, 2009 3:22 pm Post subject: |
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The point of the ruling wasn't that watching TV while driving is legal, but that the particular fine levied against that taxi driver was beyond the jurisdiction of that region.
Xuanzang, most people realize toddlers on their lap in the front seat is annoying. That's why they let them crawl around in the back.
From the Korea Times:
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A Seoul court Sunday handed down a ruling invalidating a fine slapped on a taxi driver who had been caught driving while watching television via onboard satellite digital multimedia broadcasting or S-DMB.
The verdict is considered controversial because it is as good as giving the green light to the risky practice that has been proven through scientific studies to threaten the safety of not only car drivers but also passengers and pedestrians.
The judgment is also in stark contrast to a bill aimed at banning the use of DMB and mobile phones in a moving vehicle, which is pending at the National Assembly.
The Seoul Administrative Court ordered a ward office to cancel a fine of 600,000 won ($510) levied on a private taxi driver, identified by his surname Kim.
"The government has no legal ground to impose a fine, meaning the punishment of Kim was illegal," presiding Judge Lee Jin-man said in the ruling, citing a special law enacted in June 1993.
In 1961, a law empowering mayors and provincial governors to amend regulations on public transportation services for better services took effect. Based on this, Seoul City enacted an ordinance that bans the use of DMB while operating a car in March 2008.
But another special law with higher legal status than the regular one took effect in 1993, banning the government's arbitrary amendment of rules on public transportation services. |
"arbitrary amendment"? Well, okay.
http://www.koreatimes.co.kr/www/news/nation/2009/11/113_54668.html
http://briandeutsch.blogspot.com/2009/11/tv-on-your-dashboard-can-stay-court.html |
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crossmr
Joined: 22 Nov 2008
Location: Hwayangdong, Seoul
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| Posted: Mon Nov 09, 2009 4:30 pm Post subject: |
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We had a thread on this already like 1 or 2 weeks ago.
The problem was that the regulation was made on a law that was no longer usable. The Court ruled that there was already existing laws (on dangerous driving) that could be used to take care of drivers watching TV. They didn't rule that watching TV while driving was legal. They ruled that the regulation specifically against TVs wasn't properly made. |
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