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In a significant decision in Korea addressing the balance between public safety and individual rights, the Constitutional Court of Korea has upheld the constitutionality of a provision in the Korean Road Traffic Act that imposes a two-year license disqualification for individuals convicted of driving under the influence (DUI) two or more times.
Please see Defense Attorneys in Korea for an article on hiring a Korean Defense Lawyer, and please see IPG Legal’s Constitutional Law Archive and IPG’s Legal Criminal Law Archive.
License Suspension for DUI in Korea
In June of 2025, the Constitutional Court of Korea (I worked at this court for six years) held no violation of the Korean Constitution in case 2022헌마1505 (2022HunMa1505). The petitioners challenged the constitutionality of Article 82(2)(6)(a) of the Road Traffic Act of Korea, which bars the issuance of a driver’s license for two years following cancellation of a driver’s license due to repeat DUI offenses. The petitioners argued that the law violates the freedom of occupation, the general freedom of action, and the right to equality.
Constitutional Court’s DUI License Disqualification Case
In a unanimous decision, the Korean Constitutional Court upheld the disqualification clause, affirming that it does not violate the Korean Constitution.
Legislative Purpose
The Court found the following purpose justifiable, noting that the two-year disqualification period was a proportionate and appropriate means of achieving the intended public safety goals.
“To protect the lives, bodies, and property of citizens from drunk driving, to ensure road safety, and to deter repeat DUI offenses.”
Minimal Infringement & Legal Flexibility
Addressing concerns of excessive hardship to those convicted, especially for individuals who rely on driving for their livelihood, the Court stated that:
“If the legal effect of the disqualification clause is excessively harsh in a specific case, prosecutorial or judicial discretion (e.g., suspension of prosecution or sentencing) can be used to mitigate the result.”
Thus, the Court concluded the provision does not violate the principle of minimal infringement.
Public vs. Private Interest
While acknowledging that the restriction may significantly impact individuals, particularly professional drivers, the Court emphasized the greater public interest in preventing DUI-related harm:
“Drunk driving is a serious crime that threatens not only the life of the driver but also that of innocent persons. The resulting societal harm is significant.”
Given this, the Court found that the public interest outweighs the individual hardship, and the law does not infringe on freedom of occupation or the general freedom of action.
This decision solidifies the Korean Constitutional Court’s stance on prioritizing road safety and public welfare in cases involving repeat DUI offenders. While acknowledging the potential hardship imposed by the disqualification, the Court affirmed that such consequences are constitutionally valid and necessary for deterring dangerous behavior and protecting public interests.
For those affected by similar administrative actions or concerned about constitutional protections in DUI-related cases, it’s essential to seek legal counsel to explore all available remedies, including prosecutorial discretion and judicial leniency. A major issue for expats on a visa is revocation of the visa or deportation. Options do exist.
Key Takeaways for DUI Offenders and Drivers in Korea
This decision confirms the Korean government’s strict stance on DUI enforcement, especially for repeat offenders. Key points to consider:
- A two-year disqualification is constitutional for repeat DUI offenders.
- The Court values public safety over occupational inconvenience.
- Mitigation is possible through judicial or prosecutorial discretion. This is key; it is necessary for all expats residing in Korea to also consider Immigration issues that can arise.
Contact IPG Legal for Legal Advice on DUI and Administrative Penalties in Korea
If you are facing DUI charges in Korea or have had your driver’s license suspended, it is critical to seek an experienced legal counsel in Korea that understands not only criminal courts, but also issues that can arise with Korean Immigration.
Sean Hayes is a partner at IPG Legal. He is the first non-Korean attorney to work as a government attorney for the Korean Court System. Sean Hayes is ranked as a top 100 attorney working in Korea, and IPG Legal is rated a top dispute resolution law firm. If you would like a consultation with a criminal defense attorney, please schedule a call at: Schedule a Call with an Attorney.
For more articles on Korean Criminal Law, please see our Korean Defense Law Archives.
