▲ Acting Chief Justice Moon Hyung-bae and other Constitutional Court judges are entering the Grand Chamber at the Constitutional Court in Jongno-gu, Seoul on the 27th for the ruling on a public constitutional complaint case.
The Constitutional Court has ruled that the current law, which mandates the cancellation of taxi and freight driver licenses for individuals convicted of retaliatory crimes, is not unconstitutional.
Today (27th), the Constitutional Court unanimously deemed constitutional the provisions under the Passenger Transport Service Act which allow for the cancellation of taxi driver qualifications, individual taxi licenses, and freight transport qualifications as stipulated in the Freight Transport Service Act.
These provisions state that if a taxi or freight transport operator commits a retaliatory crime under the Act on the Aggravated Punishment of Specific Crimes and receives a sentence of suspension of the execution, their driving qualifications should be revoked.
The petitioner, identified as A, who held licenses for taxi driving, freight transport, and individual taxi operation, received a three-year suspended sentence to a one-year and six-month term of imprisonment in May 2020 for crimes including retaliatory assault and threats under the Act on the Aggravated Punishment of Specific Crimes.
When A’s license was revoked due to past criminal offenses, A filed a constitutional complaint, arguing that the provision violated the principle of prohibiting excessive restriction as it left no room to consider the specific actions and context of the crime or its relevance to driving duties.
Regarding the taxi driver qualification revocation provision, the Constitutional Court stated that the legislative purpose is legitimate as it aims to protect the public using taxis from crime and alleviate the public’s anxiety about using taxi services.
Additionally, the court interpreted that preventing those who have committed retaliatory crimes from operating a taxi for a certain period guarantees the quality of taxi service workers, making it a suitable means of achieving legislative objectives.
The court held that the individual taxi license revocation provision does not violate the principle of prohibiting excessive restriction for similar reasons.
Regarding the revocation of freight transport qualifications, the court found a public interest necessity in ensuring that individuals with insufficient legal awareness do not engage in driving duties, as freight transport operators, especially those involved in courier services, often have direct and close contact with the general public by visiting residences or delivering items face-to-face.
(Photo by Joint Coverage, Yonhap News)