“Restrictions on delivery driving by people with drug convictions are justified”: Constitutional Court upholds law, 6–3

[Financial News] The Constitutional Court of Korea has ruled that the current law revoking a parcel delivery driver’s qualification to work in freight transport because of a prison sentence for a drug offense does not violate the Constitution. The ruling reflects the view that driving duties need to be restricted for a certain period in light of the risk of repeat drug offenses and the safety of parcel delivery users. Some justices, however, noted that long-term occupational restrictions that do not take individual risks of reoffending into account could hinder social reintegration.
According to legal sources on the 25th, the Constitutional Court of Korea ruled on the 22nd that the provisions of Article 9-2(1)(1)(c) of the Truck Transportation Business Act, among others, were constitutional, by a 6–3 vote in a case reviewing the constitutionality of statutes.
The case began when A, who had worked as a parcel delivery driver, lost his qualification to work in freight transport because of a drug offense on his record from about 20 years earlier.
In 2001, A was sentenced to one year in prison for violating the Narcotics Control Act. He obtained his qualification to work in freight transport in 2010 and, after receiving a permit to operate a freight truck transport business in 2018, worked as a parcel delivery driver. However, Geoje City discovered his past drug offense in November 2021 and revoked his qualification to work in freight transport.
The current Truck Transportation Business Act bars people who have received an actual custodial sentence or a more severe sentence for violating the Narcotics Control Act from working in parcel delivery driving for a period set by Presidential Decree, up to a maximum of 20 years. Anyone who violates this rule has their qualification to work in freight transport revoked.
A challenged the decision to revoke his qualification and filed an administrative lawsuit. During the proceedings, it was argued that the provision infringed the freedom to choose an occupation, and the court referred the case to the Constitutional Court of Korea for review of its constitutionality.
The Constitutional Court of Korea found that the provision was a legitimate measure to protect public safety. It reasoned that, given the highly addictive and dependence-forming nature of narcotics, there was a need to restrict people with drug offenses on their record from working as parcel delivery drivers for a certain period.
In particular, the Court focused on the fact that parcel delivery drivers may meet recipients in person or obtain personal information while carrying out their work. It found that preventing accidents and further crimes resulting from repeat drug offenses, and securing public trust in parcel delivery services, were necessary.
Another basis for the ruling was that, although the restriction on working in the field can last up to 20 years, the specific period is set by Presidential Decree with consideration given to the type and severity of the offense and the sentence. The Court explained that because the restriction period can vary according to the seriousness of the offense, it was difficult to view the measure as a blanket occupational ban.
The Court also rejected the argument that applying a new law to past criminal records was unjust. It said that the legal assessment of a person’s drug offense record could change as social circumstances, including the spread of drug crime, change.
Three justices dissented. Justices Kim Sang-hwan, Jeong Jeong-mi and Jeong Gye-seon said it was excessive to impose long-term occupational restrictions without an individual review or an exception, even on people whose risk of reoffending had fallen significantly. They said that restricting a person’s livelihood without considering the individual’s risk of reoffending and prospects for social reintegration could instead make rehabilitation and reintegration more difficult.
[email protected] Lee Dong-hyuk Reporter