By KIM Seong-kon, Professor of English Literature

For a long time, Korean drivers who accidentally caused serious injuries or death in a traffic accident have been exempt from criminal charges if they were fully insured by a comprehensive insurance policy in addition to liability. Recently, however, the Constitutional Court ruled that the conventional law is unconstitutional and that drivers who caused a major traffic accident must be brought to criminal court. Unless, of course, they succeed in negotiating a cash indemnity with the victim's family, in which case they would drop all charges.

The Constitutional Court's decision has some merits. It will drastically reduce the number of DUI (driving under the influence) cases. Instead of hiring a designated driver, a number of Koreans still dare to take the wheel after consuming a few drinks, recklessly assuming that they can safely drive home. The result, however, is disastrous. According to recent statistics, there are more than 100 traffic accidents involving drunk driving every day in today's Korea. The new law will also significantly diminish the number of reckless drivers who terrorize other drivers on the street. Both drunk drivers and reckless drivers should be extremely careful from now on, because once they are caught in a major traffic accident, they are likely to be charged as criminals.

Nevertheless, the court's decision provokes some fundamental questions. For example, is a traffic accident really a crime? Traffic accidents are neither premeditated nor intentional. They are merely an"accident" that can happen at almost any time. According to the new law, however, all drivers are potential criminals and consequently, our society will soon be swarmed with so many unfortunate people who have criminal records. If a driver who is involved in a traffic accident is prosecuted as a criminal, the term"traffic accident" should be changed to"traffic crime."

Drunk driving may well be a crime, for drunk drivers are fully aware that they may kill people, and yet they intentionally take the wheel. So these people can be charged as attempted murderers. So unless it is a hit and run case, a DUI case, or a murder case where the driver runs over someone on purpose, drivers cannot be labeled as criminals. That is why in many advanced countries, including the United States, traffic accidents are seldom brought to the criminal court.

Another serious problem that the Constitutional Court's decision entails is the inevitable dispute between the driver and the victim's family. In order to avoid the criminal charge, the driver must negotiate with the enraged family of the victim. To meet their requirements, the driver will surely be bankrupt while paying for the astronomical amount of compensation money. That is why all drivers, including taxi and bus drivers, are furious at this new law.

The Constitutional Court's decision may have nothing to do with the Lee administration. Nevertheless, people will eventually blame President Lee Myung-bak for the sudden, inconvenient change in the traffic law. This is not the only bad news for Lee. Recently, the Lee administration announced that it would ask, or rather force, government officials to return 5 percent to 7 percent of their salaries in order to create new jobs. Never before were government officials' salaries cut down and never before were the government officials not given the annual raise.

Running a nation is different from running a company. When a company suffers financial crisis, the president may reduce the salary of his workers. In a nation, however, that is not the way it is. A nation is different from a church also. You cannot simply preach"Let us share the pain of others," to non-Christians. People elect politicians, expecting them to create jobs, boost the economy and create a better society, not to cut back their already meager salary or to share the pain of others.

Lee was able to march into Cheong Wa Dae, thanks to the incredible incompetence and impudence of the Roh administration, which extorted from us with tax bombs under the pretense of sharing the pain of others. In the eyes of many people, however, the Lee administration appears to be doing a similar thing, only on the opposite side. Worse, it looks like a pushover, intimidated by the belligerent leftist radicals, unable to establish law and order in our society. Disappointed people will choose the leftists again at the next election. If so, the Lee administration should assume the responsibility for losing this precious opportunity and ruining the nation.

Metaphorically speaking, Lee is a driver who is driving a bus called South Korea. While driving, he may cause some traffic accidents involving heavy injuries. Yet he is not going to be charged as a criminal because they are merely accidents. Of course, he should be extremely careful not to hurt people, but as long as he brings us to the final destination safely, he will be applauded. Likewise, we should exercise discretion so that drivers are protected from easily being labeled as a criminal. Let's not confuse"accident" with"crime."