Discrimination Against People with Disabilities in Daily Life... Is the "Disability Discrimination Act" Effective?

Recent Cases of Disability Discrimination Including Exam Restrictions and Restaurant Entry Denials
Questions Raised About the Effectiveness of the 'Disability Discrimination Act'
Only 2 Corrective Orders Issued by the Ministry of Justice in the Past 13 Years
Disability Rights Groups Call for Improved Disability Sensitivity at the Human Rights Commission

Recent cases of discrimination against people with disabilities have occurred one after another, raising concerns about the effectiveness of the 'Act on the Prohibition of Discrimination against Persons with Disabilities.'
[Image source=Yonhap News]

[Asia Economy Reporter Kim Choyoung] Recently, a case where a man in his 60s with a disability, Mr. A, who uses a wheelchair, was denied entry at a restaurant was revealed through media reports. At the time, the restaurant staff blocked his entry, saying, "It's lunchtime, and customers will soon flood in, so why are you coming in?" After Mr. A protested, they reluctantly offered him a seat near the entrance.

This incident occurred just five months after a controversy erupted over a large supermarket blocking the entry of a service dog and its handler. People with disabilities, who deserve to enjoy the same life as non-disabled individuals, continue to face difficulties due to deeply rooted discrimination in everyday life.

According to the '2019 National Human Rights Survey' released last year by the National Human Rights Commission of Korea (NHRCK), 13.7% of respondents answered that discrimination in our society is 'very serious,' and 55.4% said it is 'somewhat serious.' More than half of the respondents, 69.1%, indicated that discrimination is serious.

When asked which groups experience the most human rights violations or discrimination, people with disabilities (29.7%) were the most frequently mentioned, followed by immigrants (16.4%), the elderly (13.4%), and women (13.2%). This clearly reveals the current state of awareness regarding the human rights of people with disabilities in Korea.

Given this situation, voices are growing that the Act on the Prohibition of Discrimination Against Persons with Disabilities, which has been in place for over 10 years, is not fulfilling its role. Although an amendment easing the requirements for corrective orders and promoting organic cooperation between corrective agencies barely passed the National Assembly last December, recent cases of discrimination against people with disabilities continue to occur, raising ongoing concerns about its effectiveness.

The Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights was enacted in April 2007 and has been in effect since April 2008, aiming to prohibit discrimination based on disability and to protect the rights of people with disabilities.

At the time, the enactment of the Act was evaluated as contributing to the recognition that discriminatory views, once considered natural, were unjust. In fact, from November 2001 to April 2008, before the Act's enforcement, complaints based on disability accounted for about 14% of all complaints, whereas from April 2008 to December 2009, after enforcement, they rose to about 50% of all complaints.

However, there have been consistent criticisms that the Ministry of Justice's corrective orders are not effectively functioning, resulting in a lack of substantial rights protection.

In the past 13 years, only two corrective orders have been issued. The Ministry of Justice issued its first corrective order in 2010 regarding a man who was diagnosed with a brain lesion disability and was dismissed by the Gumi City Facilities Management Corporation. The last corrective order was issued in 2012 to the mayor of Suwon regarding restrictions on the mobility rights of people with disabilities in the Suwon underground shopping mall. Since then, no corrective orders have been issued.

The Seoul Coalition for the Elimination of Discrimination against Persons with Disabilities held a protest on February 10th around 3 PM, moving from Danggogae Station on Line 4 to Seoul Station. [Image source=Yonhap News]

Disability rights organizations point to the low rate of corrective recommendations by the NHRCK as the cause. Under the current law, when the NHRCK recommends correction to the Ministry of Justice, the Minister of Justice is to issue a corrective order. However, due to the NHRCK's low rate of corrective recommendations, it is difficult for the Ministry of Justice to take corrective action. According to Ministry of Justice data, until 2018, the dismissal and rejection rate of all disability discrimination complaints by the NHRCK reached 90%.

Calls to improve the NHRCK's low sensitivity to disability and its legal judgments have been ongoing. During the 20th National Assembly, Rep. Lee Cheolhee of the Democratic Party stated, "Equality and non-discrimination are fundamental to human rights, so the protection of rights against disability discrimination must be strengthened," and he introduced a bill to amend the corrective order system, which had never been implemented. However, the bill was discarded due to the expiration of the Assembly's term.

Later, in the 21st National Assembly, there was another effort to amend related laws. The amendment bill, introduced by Rep. Seo Youngseok of the Democratic Party, passed the National Assembly plenary session in December last year and was promulgated on the 29th of the same month. The bill aims to △ease the requirements for corrective orders, △allow the discriminators and victims to present their opinions during corrective orders, and △require the Minister of Justice to notify the NHRCK of the corrective orders, thereby effectively protecting the rights of those discriminated against.

The amendment revised Article 43, Paragraph 1, which had been criticized as excessive for including 'the degree of serious harm' and 'the significance to public interest,' marking the first step toward realizing substantial protection of the rights of people with disabilities.

However, there are still voices that the punishment for perpetrators of discrimination is too weak, reducing the law's effectiveness.

The current law stipulates that 'if discriminatory acts are committed maliciously,' the perpetrator shall be punished by imprisonment or fines. Furthermore, for 'malicious cases,' it specifies that △intentionality of discrimination, △persistence and repetition of discrimination, △retaliation against the victim, and △the content and scale of the discrimination damage must all be considered.

In reality, it is rare for all four conditions to be met, so perpetrators are often not punished. The weak penalties fail to raise awareness about discriminatory acts, making it difficult to improve prejudice and discrimination in daily life.

Meanwhile, the Ministry of Justice announced on the 8th of last month its major work plans for 2021, including △establishing a new criminal justice system and promoting continuous reform, △creating a safe society where citizens feel secure, and △providing legal administration that supports people's livelihoods. Among these, it also pledged to promote the 'activation of the corrective order system for disability discrimination.'