I. Background and Purpose of Research
▶ Looking at regulations historically, finding out what they originally intended and why they came to be is the basis for how they will change the current regulations and in what direction they will be directed ...
I. Background and Purpose of Research
▶ Looking at regulations historically, finding out what they originally intended and why they came to be is the basis for how they will change the current regulations and in what direction they will be directed in the future
○ Looking at the historical approach of regulation, events, accidents, and national events are generally the biggest factors of change
○ According to the Road Traffic Act, regular training was conducted four times a year for 20 hours in 1973, two times a year for 10 hours in 1976, and once a year in 1979, but it was changed to a three-hour training before obtaining a driver's license in 2002
○ In 2010, traffic safety education to obtain a driver's license was reduced from 3 hours to 1 hour, and functional education and road bridge driving education were eased, but functional education and road driving education were strengthened again in 2016. In recent years, there has been discussion about increasing traffic safety education by an hour
▶ Historical approaches to regulation can contribute to the rationality of regulation and to setting regulatory directions in macro aspects
○ Regulation should find an appropriate balance between public and private interests in that it limits the rights of the people, but the nature of regulation can be investigated through the historical approach of regulation
○ Regulatory failure due to excessive regulation leads to the failure of regulatory enforcement standards, so it is necessary to standardize regulatory enforcement, and to do so, analysis of the causes of regulatory failure, such as uncertainty in legal status, wide-ranging regulations, and overlapping regulations must precede
○ According to the Product Market Regulation Index (PMR) released by the Organization for Economic Cooperation and Development (OECD), Korea ranked 6th in 2008, 4th in 2013, and 6th in 2018
○ Although the development of artificial intelligence is advancing digital technology and the development of the Internet is accelerating changes in spatial concepts, 45.5% of the respondents said they had a low sense of regulatory innovation in 2023 (Korea Chamber of Commerce and Industry)
○ In the case of the United States, an increase in the unit of the regulatory index would reduce GDP per capita by $1,343 (Clarin, 2005). "In the case of Korea, the per capita economic burden is estimated to be $951, which is estimated to be 78.1 trillion won across the country." (Samsung Economic Research Institute, 2008)
▶ It is necessary to look at the discussion of traffic regulations, which are subject to historical approaches to regulation, and which are closely related to the lives and property of the people, as regulations are applied in relatively vast areas
○ Historical approaches can be divided into macro and micro approaches. The macro method has the advantage of being relatively easy to access by reflecting on meaningful incidents, accidents, technology discoveries, presidential political decisions, and changes in international treaties, but there was a limit to not being able to investigate specific level changes. On the other hand, the micro method had the disadvantage of requiring a long time and a lot of input factors by examining laws, enforcement ordinances, enforcement rules, notices, and related ordinances under one regulation
○ The targets that require historical approaches are areas where regulations are the most established, and are generally aimed at protecting the lives and health of the people, as well as specialized and technical areas
○ The Road Traffic Act consists of a total of 14 chapters and focuses on road traffic safety regulations such as mandatory traffic and restrictions on behavior. It was enacted on December 31, 1962, and was revised 120 times in total along with two comprehensive revisions on August 4, 1984 and May 31, 2005
○ In particular, traffic fatalities caused by drunk driving have emerged as a social issue, and the need to strengthen regulations such as speed and punishment has been continuously raised, and the Minsik Act has been enacted to strengthen its obligations within child protection zones. The Minsik Act was also accompanied by the revision of the Act on Aggravated Punishment of Specific Crimes
○ On the other hand, regulations on the obligation to stop right turn signals have recently been newly established
○ Due to changes in social structure and technology, such as the introduction of autonomous police and the expansion of self-driving cars and personal mobility devices, regulatory demand under the Road Traffic Act is continuously increasing
○ As traffic conditions are changing due to the development of bus and truck technology under the Passenger Transportation Business Act and the introduction of electric vehicles, it is necessary to examine future-oriented regulatory directions through historical regulatory approaches
Ⅱ. Contents
▶ Analysis of regulatory generalizations such as regulatory concepts, principles, and legal grounds
○ Regulation is a system designed by combining various means and procedures to achieve a certain public interest purpose, and the legal and theoretical basis analysis in the field of regulation is greatly changed by events, accidents, national events, and government decisions at the time
- Historically speaking of regulations, examining what they originally intended and why such regulations came into being is the basis for how they will change the current regulations and in what direction they will be directed in the future
- Through historical research, the future direction of traffic regulation can be presented by examining the past process in which the purpose of legislation changes through the original purpose of legislation and its social and environmental aspects
- Historical research of traffic regulations is carried out to present reasonable regulatory directions by identifying unnecessary regulations through historical research and analyzing the mission of the times and the specific directions of legislators' legislation
▶ History analysis of traffic regulations under the Road Traffic Act, the Passenger Vehicle Transportation Business Act and the Freight Vehicle Transportation Business Act
○ History analysis of traffic regulations under the Road Traffic Ac
- Changes in Duty to Follow Signals or Directions
- Changes in regulations such as curfews and restrictions
- Changes in regulation of speed and method of passage of vehicles and streetcars
- Changes in prohibition of drivers, employers, etc., such as drunk driving
- Introduction and Change of Special Provisions on Expressways and Motorways
- Changes in road use regulations
- Changes in the driver's license system (e.g., qualifications, driver's license tests, renewal and aptitude tests, traffic safety education, etc.)
- Changes in regulations on school buses, elderly drivers, and emergency vehicles
- Changes in the introduction of driving training schools and regulations
- Appearance and Regulation of automatic driving automobile, mobile device, and outdoor mobile
○ Historical analysis of traffic regulations under the "Traffic Transportation Business Act“
-Changes in the introduction and regulation of passenger car transportation business, automobile rental business, passenger car terminal business, and passenger car transportation platform business
- Changes in regulations on qualifications of transport operators, such as licenses and reasons for disqualification
- Changes in regulations on transportation companies' obligations, such as commencement of transportation, notification of fares and charges, and measures taken in the event of an accident
- Changes in carrier compliance
- Changes in qualifications and compliance of transport workers
- Changes in Administrative Obligation and Authority of Disposition of Administrative Organs
○ Motor Truck Transportation Business Act
- Background of the Act on Motor Truck Transportation Business under the Automobile Transportation Business Act and regulations on motor vehicles
- Truck transportation business, truck transportation agency business, truck transportation member business and regulations
- Qualifications and regulations of carriers, such as licensing standards and reasons for disqualification
- Qualifications and Regulations for Driving Operations
- Carrier Compliance and Regulation
- Restrictions and regulations on outsourcing of management
- Changes in Administrative Obligation and Authority of Disposition of Administrative Organs
▶ Historical Approach to Traffic Regulation and Direction of Traffic Regulation
○ Analysis of major factors in traffic regulatory changes
- Industrial development and the increase in roads increased car ownership, resulting in increased traffic accidents, and traffic regulations were tightened
- In the case of frequent traffic accidents, the government grants business permits only to those with certain conditions and implements management supervision
- Analysis of historical change factors in past traffic regulations and consideration when regulating or easing future technologies
○ Direction of Korean-style traffic regulation
- In the case of regulations on new technologies, the period of stability after implementation under strong government regulations Deregulation may be considered when entering
- Transportation methods with a high degree of infringement of life, body, and property will be able to take into account measures to prevent confusion by prioritizing strong regulations, and to actively utilize exceptions within the scope of permitted regulations
Ⅲ. Expected Effects
▶ It analyzes traffic-related regulations such as the Road Traffic Act, the Passengers' Transportation Business Act, and the Freight Vehicle Transportation Business Act, and diagnoses the nature of traffic regulations, their intended directions, and their effectiveness
▶ The purpose of the initial introduction of traffic regulations and changes accompanying environmental changes will be examined according to the factors of traffic regulations such as events, accidents, policy and political choices, and technological advances
▶ Traffic regulation is the most basic means of guaranteeing the right to move and providing the right to move freely under the Constitution. So far, there have been no historical studies on regulations and traffic regulations, and there have been no comprehensive studies on people's bodies, lives, and safety