[단독] Elderly people in their 80s who filed a constitutional petition to “abolish free riding for the elderly”, the result?

Recently, while the pros and cons of the ‘free ride system for seniors aged 65 and over’ have been contested, the Constitutional Court’s judgment has come out on the constitutional complaint adjudication filed by seniors in their 80s, saying, “Abolish free rides for the elderly.”

In a situation where some politicians insisted on raising the age for free riding due to an increase in the deficit of the urban railway (subway), the person directly filed a constitutional complaint against free riding for the elderly, drawing attention.

According to the Segye Ilbo coverage on the 6th, the Third Designated Court of the Constitutional Court recently made a decision to dismiss the constitutional petition for the ‘confirmation of the constitutionality of the free ride system for the elderly’ filed by A (84) and B (89) in their 80s. A constitutional complaint can be filed by ‘a person whose fundamental rights have been violated due to the exercise of public power or an unfortunate death’, but it was judged that this request for adjudication cannot be seen as a request for adjudication on the exercise of public power that unfavorably changes their legal status.

The two filed a constitutional complaint last year, saying, “The free ride system for urban railways gives the elderly, who are subject to it, a negative perception as free riders.” They also argued, “(Due to the free ride system), the amount of basic pension benefits will be reduced, so the free ride system on the urban railway should be abolished.”

◆Constitutional Court “It is not a matter that affects the legal status of the claimant”

Regarding this, the Constitutional Court said, “Even if it is possible to give people a negative perception by free riding on the urban railway as the claimants claim, such circumstances alone do not affect the legal status of the claimants in any way, and it cannot be seen that the basic rights of the claimants are directly violated. No,” he judged.

The urban railway free ride system for the elderly is a system that allows the state or local governments to use public facilities such as transportation facilities free of charge for those aged 65 or older. In other words, it is intended to provide the benefit of exemption from fares to those aged 65 or older for the purpose of preferential treatment for the elderly, so that the basic rights of the claimant are not infringed.

The claimant’s argument that the basic pension entitlement was reduced due to the free-rider system was also not accepted. The Constitutional Court said, “The claimants claim that the amount of basic pension paid to seniors aged 65 or older who meet certain requirements is deducted by 60,000 won per month due to the free-rider system.” It is difficult to see the reduction as a result of the free ride system, as claimed by the claimants.”

In addition, “The urban rail free ride system, which the claimants claim is unconstitutional, has been maintained with the same contents since it was revised and implemented on December 13, 2007.” Even though it fell under the target, it filed a request for judgment on November 22, 2022, so the request for judgment in this case is illegal because it has exceeded one year from the date of the reason.”

◆Politicians “need to consider raising the free ride age”

Controversy surrounding the free ride system for seniors aged 65 or older arose when the city of Seoul promoted an increase in public transportation fares in April.

The plan is to raise the subway fare by about 300 won from the current base fare of 1,250 won. This is because ‘deficit due to loss of subway free transportation’ was mentioned as one of the backgrounds for the fare increase. In fact, according to the Seoul Transportation Corporation, of the net loss for the year (964.4 billion won) in 2021, the loss due to free transportation was 278.4 billion won, accounting for about 30% of the total.

In this regard, Seoul Mayor Oh Se-hoon said at a press conference held on the 30th of last month, “Even if the subway fare is raised, it falls far short of the transportation cost.”

Daegu City is reviewing a plan to raise the free ride age for urban railways from the current 65 to 70.

On the 2nd, Daegu Mayor Hong Joon-pyo said on his social network service (SNS), “I will consider raising the free use rule from 65 years old or older to 70 years old.” As long as it is written as 70 years old, there is no flaw.”

Reporter Park Myeong-won [email protected]

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