Seoul Metro files constitutional complaint over free-ride losses for merit recipients
In short
Seoul Metro (서울교통공사) said on October 8 that it had filed a constitutional complaint with the Constitutional Court. It argues that laws requiring it to carry national merit recipients and others free of charge, without rules on compensating the lost revenue, violate the Constitution. The company puts those losses at 3.9 billion won for 2025, up from 3.0 billion won in 2022.
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Seoul Metro (서울교통공사) said on October 8 that it had filed a constitutional complaint with the Constitutional Court, arguing that the state should compensate it for fare revenue lost by carrying national merit recipients and others free of charge. Chosun Ilbo and Kyunghyang Shinmun reported that the complaint was filed that day. [ 1 , 2 , 3 , 4 , 5 , 6 ]
The complaint targets free-ride provisions in the laws on national merit recipients, 5·18 democratic merit recipients, independence patriots and persons eligible for veterans' compensation, as well as a provision of the Framework Act on Railroad Industry Development. Seoul Metro argues that Article 66(1) of the national merit act and other provisions impose a duty to carry these passengers free but set no specific rules on subsidies for the lost revenue. It says this violates Article 23(3) of the Constitution, which requires just compensation when property rights are restricted for public necessity, and forces a "special sacrifice" on Seoul Metro alone. Newsis reported the company's view that the railroad act has the state bear public-service costs such as free rides but does not apply that rule to Seoul Metro. [ 1 , 2 , 3 , 4 , 5 , 6 ]
The complaint also argues that the state pays free-ride subsidies unequally among transport operators, infringing the right to equality. Seoul Metro said it runs 299 trains on the Ogeum–Daehwa section of Line 3 against Korail's 107, about 2.8 times as many, yet the government pays subsidies only to Korail each year. Chosun Ilbo described those figures as daily runs. Newsis reported that, according to the company, the government budgeted 399.6 billion won this year for Korail's free-ride related subsidies. [ 2 , 3 , 5 , 6 ]
Seoul Metro said losses had snowballed since a January 2023 amendment to the act on persons eligible for veterans' compensation added military and police personnel and public officials injured in accidents to free-ride eligibility. Losses from free riders under the Ministry of Patriots and Veterans Affairs rose from 3.0 billion won in 2022 to 3.4 billion in 2023, 3.7 billion in 2024 and 3.9 billion in 2025, the company said. Kukmin Ilbo put the number of such free passengers at 2.21 million in 2022, 2.39 million in 2023, 2.49 million in 2024 and 2.44 million last year. [ 1 , 2 , 3 , 4 , 5 , 6 ]
The company said the ministry repeatedly refused its subsidy requests because no budget had been allocated. In July 2025 it sued the state for return of unjust enrichment of some 3.7 billion won covering 2024 losses, but the claim was dismissed at first instance in September; Chosun Ilbo reported the ruling became final because the company did not appeal. Seoul Metro said that after reviewing the judgment it judged a constitutional challenge more advantageous than an appeal. If the provisions are ruled unconstitutional, it plans to seek a retrial of the civil case, and it will also press the government for measures on losses from free rides for people aged 65 and over. [ 1 , 2 , 3 , 4 , 5 , 6 ]
Chief executive Kim Tae-gyun (김태균) said free-ride support to honour national merit recipients is a duty the state and Seoul Metro should carry out, but that preparing stable operating measures is most urgent as free-ride losses have surged to a level that is hard to bear. He said he hoped the complaint would lead to an environment in which the company can receive fair subsidies for creating public benefit. [ 1 , 2 , 3 , 4 , 5 , 6 ]
Why it matters
The complaint follows the company's loss in a civil suit against the state over its 2024 losses, which it says it would seek to reopen if the provisions are ruled unconstitutional. It also challenges the government paying free-ride subsidies to Korail but not to Seoul Metro. The company says it will also press the government for measures on losses from free rides for people aged 65 and over.
Key facts
- Seoul Metro filed a constitutional complaint with the Constitutional Court seeking compensation for revenue lost by carrying national merit recipients and others free of charge. [ 1 , 2 , 3 , 4 , 5 , 6 ]
- The company says the laws impose a free-ride duty without specific rules on compensating lost fare revenue, which it argues violates Article 23(3) of the Constitution. [ 1 , 2 , 4 , 5 , 6 ]
- Losses from free riders under the Ministry of Patriots and Veterans Affairs rose from 3.0 billion won in 2022 to 3.4 billion in 2023, 3.7 billion in 2024 and 3.9 billion in 2025, according to the company. [ 1 , 3 , 4 , 5 , 6 ]
- Seoul Metro said a January 2023 amendment added military and police personnel and public officials injured in accidents to free-ride eligibility. [ 1 , 2 , 4 , 5 , 6 ]
- A July 2025 suit seeking some 3.7 billion won from the state for 2024 losses was dismissed at first instance in September. [ 1 , 2 , 4 , 5 , 6 ]
- On Line 3 between Ogeum and Daehwa, Seoul Metro says it runs 299 trains to Korail's 107, but the government pays subsidies only to Korail. [ 2 , 3 , 5 , 6 ]
- If the provisions are ruled unconstitutional, Seoul Metro plans to seek a retrial of the civil case. [ 2 , 4 , 5 , 6 ]
Confirmed by several sources
- Seoul Metro filed a constitutional complaint with the Constitutional Court over losses from free rides for national merit recipients and others. [ 1 , 2 , 3 , 4 , 5 , 6 ]
- The company's free-ride losses for riders under the Ministry of Patriots and Veterans Affairs were 3.4 billion won in 2023, 3.7 billion in 2024 and 3.9 billion in 2025. [ 1 , 2 , 3 , 4 , 5 , 6 ]
- The Ministry of Patriots and Veterans Affairs refused the company's subsidy requests, citing the lack of an allocated budget. [ 1 , 2 , 3 , 4 , 5 , 6 ]
- The company's suit against the state over some 3.7 billion won in 2024 losses was rejected at first instance in September. [ 1 , 2 , 3 , 4 , 5 , 6 ]
- Seoul Metro says it runs 299 trains on the Ogeum–Daehwa section of Line 3 against Korail's 107, yet only Korail receives government subsidies. [ 2 , 3 , 5 , 6 ]
- Seoul Metro will press the government for measures on losses from free rides for people aged 65 and over. [ 2 , 3 , 4 , 5 , 6 ]
Still unclear
- Whether the 299 and 107 train runs on Line 3 are daily figures. Only Chosun Ilbo describes them as runs per day; other outlets give no period.
- The government budgeted 399.6 billion won this year for Korail's free-ride related subsidies. Reported only by Newsis, citing Seoul Metro.
- Losses were 2.9 billion won in 2021, and the 2025 figure was the highest in five years. Reported only by Seoul Economic Daily.
- How the complaint is framed. Kyunghyang Shinmun reported Seoul Metro called the inclusion of injured military and police personnel and public officials as free-ride recipients unconstitutional, while other outlets say the complaint targets the lack of compensation rules.
What local media are saying
Timeline, local time
- Kukmin Ilbo reports that Seoul Metro has filed a constitutional complaint over free-ride losses. [ 1 ]
- Yonhap reports the complaint, including the equality argument over Korail subsidies. [ 2 ]
- Chosun Ilbo reports the complaint and says the September civil ruling became final without appeal. [ 3 ]
- Kyunghyang Shinmun reports the complaint and lists the provisions challenged. [ 4 ]
- Newsis reports the complaint and the Korail subsidy budget figure. [ 5 ]
- Seoul Economic Daily reports the complaint with loss figures back to 2021. [ 6 ]