보완이 필요한 ｢도로교통법｣ 규정에 대한 고찰

Abstract

South Korea's population is approximately 52 million, with around 34 million licensed drivers and nearly 30 million registered vehicles. Consequently, automobiles have transcended their role as mere transportation means, becoming integral components of daily life and significant cultural pillars. The primary legislative framework that ensures the orderly regulation and efficient flow of this vast number of drivers and vehicles is the Road Traffic Act. This law, originally enacted as Law No. 941 on December 31, 1961, aims to prevent and eliminate all traffic-related hazards and obstacles on the roads to ensure safe and efficient traffic flow. It has undergone approximately 114 amendments, with the most recent being Law No. 19357, effective from January 1, 2024. Despite meticulous drafting, any legal framework may contain errors or inconsistencies with other regulations, leading to interpretative ambiguities. The Road Traffic Act is no exception; provisions remain imperfect. Continuous review and improvement are necessary to address prior deficiencies, correct errors, and respond to emerging issues arising from societal changes. Presently, significant debate surrounds regulations about personal mobility devices, particularly regarding the penalization of users for joint dangerous acts and off-road drunk driving. Additionally, there is controversy over the mandatory use of vehicle lights in adverse weather conditions and the legal repercussions of non-compliance. Furthermore, questions have arisen about whether police scooters qualify as emergency vehicles. Creating flawless laws that transcend temporal and spatial contexts is practically impossible; thus, issues inevitably arise during enforcement. As these points of contention become socialized, stakeholders must promptly identify, analyze, and address errors or formulate new regulations. This responsibility lies with legislators; however, citizens in a rule-of-law state should also maintain active interest and engagement out of a sense of civic responsibility, rather than assuming a passive stance. Such continuous involvement represents the most desirable democratic legislative process.