'Caregiver Qualification' for People with Developmental Disabilities... Court Rules "Termination of Adult Guardianship"

[Asia Economy Reporter Kim Daehyun] The court has provided relief by deciding to terminate adult guardianship for a person with developmental disabilities who lost their qualification as a caregiver due to the designation of an adult guardian.

According to the legal community on the 18th, Judge Park Woncheol of the Family Court Division 54 of Seoul Family Court terminated the adult guardianship for A (23), a person with developmental disabilities, on the 16th. Judge Park stated, "Continuing adult guardianship rather harms A's welfare."

A's mother was designated as the adult guardian of her child by the court in 2018.

The adult guardianship system is a system in which the court appoints a guardian for people whose judgment is impaired due to mental limitations caused by illness, disability, or old age, so that they can receive property management and personal protection.

When the family court receives an application from the person concerned, relatives, or prosecutors to appoint an adult guardian, it appoints a guardian after mental evaluation, family investigation, and hearing.

A passed the caregiver qualification exam in 2021 but did not receive the certificate. According to current law, once adult guardianship is initiated, one loses the qualification to hold about 200 jobs, including public officials, lawyers, and caregivers.

A's mother applied for termination of the adult guardianship, arguing that it seriously infringes on A's basic rights.

The court accepted the application, stating that it is an environment where A should be allowed to attempt independence sufficiently.

Judge Park explained, "Although medically A's disability may persist, adult guardianship should be conducted according to the principle of 'minimum necessary intervention' that respects A's right to self-determination."

He also emphasized, "Merely being an adult ward should not infringe on the freedom to choose qualifications and occupations, as it does not align with the welfare of persons with developmental disabilities," adding, "It inevitably deepens social stigma and alienation against persons with developmental disabilities." He further added, "Currently, A performs daily activities such as commuting, hospital visits, cooking and eating, purchasing goods, and hiking without parental assistance through repetitive learning."