DUI & Traffic Accident Center · Case Type

If you were charged over a school zone accident,
the issue is whether you breached the safe-driving duty

Article 5-13 of the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법), known as Min-sik's Law, sets high penalties for accidents in child protection zones. But it does not apply automatically just because an accident occurred in a protection zone. The outcome depends on whether the driver observed the speed limit and the safety duties.

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Key Points

  • If you injure a child under 13 by breaching the duty to follow the required measures and drive with care for children's safety in a child protection zone, the penalty is 1 to 15 years in prison or a fine of KRW 5 million to 30 million (Article 5-13 of the Specific Crimes Aggravated Punishment Act).
  • If the child dies, the penalty is life imprisonment or at least 3 years in prison.
  • The same act also falls under the serious faults in Article 3(2)11 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법), so you are punished even with insurance.
  • The points in dispute are whether you kept to the speed limit (usually 30 km/h) and whether you could have avoided the child's sudden movement (avoidability).

Penalties

Penalties for killing or injuring a child in a protection zone
ResultPrisonFine
Injury1 to 15 yearsKRW 5 million to 30 million (either one)
DeathLife or at least 3 yearsNot applicable

Here, a child means someone under 13. Protection zones are designated under Article 12 of the Road Traffic Act, and a mayor or similar official can cap the speed of vehicles passing through at 30 km/h. In addition, speeding, running a signal, or failing to protect pedestrians in such a zone between 8 a.m. and 8 p.m. adds extra penalty points (Note 4 to Annex 28 of the Enforcement Rule).

When Min-sik's Law applies

The location within a zone alone does not trigger this provision. It must be proven that the driver neglected the duty to follow the measures under Article 12(1) and drive with care for children's safety. So we check the following items in turn.

  • Driving speed · We analyze video frames and compare them with event data recorder (EDR) records to see whether the speed at the moment of the accident was within the limit.
  • Lookout ahead and avoidability · We look at whether the accident was hard to avoid even at the speed limit, for example when a child suddenly darted out from between parked cars. Expert assessment results often decide between acquittal and conviction.
  • Accident location · We check whether the accident occurred within the posted and designated area of the protection zone.
  • The victim's age · We check whether the child was under 13 at the time of the accident.

How to respond

  1. Secure footage and analyze speedCollect your original dashcam footage and nearby CCTV, and in some cases seek an opinion from an accident analysis expert.
  2. Settle with the guardiansBecause the victim is a child, you will negotiate with the parents as legal representatives. Feelings are easily hurt on both sides, so it is better for a defense attorney to act as the point of contact.
  3. Prove the accident was unavoidableShow through footage and expert assessment that the driver did everything that could be done.

Frequently Asked Questions

I was driving at 25 km/h when a child suddenly ran out.
If you kept to the speed limit, were watching ahead, and could not possibly have avoided the child, a breach of duty may be denied. The key is analyzing the time between when the child first appears on video and the collision.
Does a school zone accident always mean prison?
For injury, a fine is also an option, so many cases end with a fine or a suspended sentence depending on the harm and whether a settlement is reached. A fatal accident, on the other hand, has a high minimum sentence, so prison is far more likely.
Does it apply to an accident at 10 p.m.?
Article 5-13 of the Specific Crimes Aggravated Punishment Act has no time condition. The time of day matters for the administrative action, where extra penalty points are added.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026

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