"Violation of Equality Rights"... Unanimous Decision by Justices Declares Constitutional Incompatibility
Constitutional Court "Current Law to Remain in Effect Until December 31, 2022"
[Asia Economy Reporter Kim Suhwan] The Constitutional Court has ruled that the provision in the Act on Support for Disabled Persons' Activities (Disability Activity Support Act) excluding people receiving long-term care benefits for the elderly from eligibility for disability activity support benefits is unconstitutional.
On the 23rd, the Constitutional Court delivered a ruling on the constitutional review case concerning Article 5, Paragraph 2 of the Disability Activity Support Act, which prohibits people receiving long-term care benefits for the elderly from receiving disability activity support benefits, stating that "the provision violates the right to equality," and issued a unanimous decision declaring the provision unconstitutional.
However, the Court ordered provisional application of the current law until the legislature amends the law by December 31, 2022.
On the day, the Court stated, "Excluding people with senile diseases uniformly from eligibility for activity support benefits constitutes unreasonable discrimination and violates the principle of equality."
However, it added, "Considering issues such as overlapping eligibility for the two benefits and potential confusion in the benefit classification system, as well as recognizing the legislature's discretion in resolving unconstitutionality," the Court issued the decision of constitutional inconsistency.
It further said, "The legislature has the responsibility to improve the system so that beneficiary selection is made within a reasonable scope by comprehensively considering disabled persons' will and potential for independence, general social lifestyle including life cycle, national financial conditions, and the overall state and balance of social security."
A, a person with a first-degree severe brain lesion disability, applied to the district office in 2016 to change the long-term care benefits he was receiving to disability activity benefits, but when the district office refused, he filed a cancellation lawsuit with the court and during the litigation requested a constitutional review of Article 5, Paragraph 2 of the Disability Activity Support Act.
This provision stipulates that "persons under 65 years of age with senile diseases such as dementia or cerebrovascular disease under the Long-Term Care Insurance Act for the Elderly cannot receive disability activity support benefits."
In requesting the constitutional review, A’s side argued that "it infringes on disabled persons' right to life, human dignity, right to independent living, right to a humane life, and right to equality for the sake of securing national finances or administrative convenience."
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