The Supreme Court "Government has not legislated to improve access rights for the disabled for more than 14 years...National Compensation"

2024.12.19 PM 07:17
In 2018, Kim and others with disabilities filed a lawsuit against the government.Facilities for the Disabled Point out that they only forced more than a certain area
"Most stores, area smaller than the standard…"infringement of rights"
The Supreme Court overturns the ruling of the first and second trials and recognizes the government's responsibility for compensation.
[Anchor]
The Supreme Court ruled to compensate for damages, saying the state failed to properly guarantee access to the disabled due to its negligence in revising related laws.

This is the first case of recognizing the right to access the disabled as a basic right under the constitution.

Reporter Kim Joo-young reports.

[Reporter]
In 2018, two people, including a disabled person identified by his surname Kim, started a lawsuit against the government for damages.The problem was that the Enforcement Decree of the Convenience Act, such as


, stipulated that convenience facilities for the disabled, such as ramps, should be installed only when they are retail stores of a certain area or larger.

Kim and others argued that the rights of people with disabilities were not substantially guaranteed at a time when most of the stores were smaller than the area.

The first and second trials did not admit liability for compensation, but the Supreme Court decided to pay 100,000 won each in alimony after holding a public hearing.

The Supreme Court said the government has failed to comply with its legislative obligation to improve for more than 14 years, pointing out that disabled people have endured situations where human dignity and values are routinely violated.

In addition, even though the UN Committee on the Rights of Persons with Disabilities and the National Human Rights Commission pointed out problems, officials said they neglected the regulations and judged that it was a violation of the law by intention or negligence.

It is the first ruling by the Supreme Court to recognize the right to access the disabled as a basic right under the constitution.

They immediately welcomed disabled groups.

[Kim Nam-jin / Secretary-General of Citizens' Solidarity for Living Environment without Obstacles: I think the state should know from this ruling that the state's illegal activities have not been resolved, but that there are still things to be done.]

The ruling is expected to lead to lawsuits by people with disabilities who had difficulty accessing small retail stores.

As it was judged that the government could be held accountable for the legislative omission, which means that it did not do what it had to do, it is highly likely that policies for the socially underprivileged, such as the disabled, will be expanded.

I'm Kim Joo-young of YTN.


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