On October 23, people with disabilities participated in a public hearing of the Supreme Court’s full bench regarding the state compensation case for disability access rights, held in Seocho-gu, Seoul (Yonhap)
SEOUL, Dec. 20 (Korea Bizwire) – In a landmark decision, South Korea’s Supreme Court has held the state accountable for inadequate accessibility for people with disabilities, ordering compensation and setting a precedent for broader systemic reform.
On December 19, the court ruled that the government must pay KRW 100,000 (approximately $70) in damages to each plaintiff in a lawsuit brought by disability advocacy groups.
The court deemed the state’s failure to update regulations for over 24 years a violation of constitutional rights, marking the first recognition of accessibility as a basic right.
The case centered on the “Act on Guarantee of Convenience Promotion for the Disabled, Elderly, and Pregnant Women,” which mandates accessibility facilities in public spaces. However, the outdated criteria applied only to retail spaces over 300 square meters until 2022, excluding most small-scale stores such as convenience stores.
Although the threshold was reduced to 50 square meters in 2022, the regulation still applies only to new buildings.
Chief Justice Cho Hee-dae of the Supreme Court speaks ahead of the full bench ruling in the Supreme Court courtroom in Seocho-gu, Seoul, on the afternoon of December 19. The court delivered verdicts on key cases, including whether regular bonuses paid only to current employees qualify as ordinary wages, state responsibility for neglecting disability access rights, and issues related to the Pro-Japanese Property Act. (Yonhap)
Advocates argue that the state missed multiple opportunities for reform, including recommendations from the United Nations and South Korea’s National Human Rights Commission. The court found that the prolonged legislative inaction undermined the rights of people with disabilities.
Despite some progress, challenges persist. A 2023 government survey revealed that 10% of required public facilities lack accessibility features, with only 79.2% meeting legal standards.
A study by the Korea Disabled People’s Development Institute estimated that full accessibility upgrades over the next decade could generate benefits of KRW 3.82 trillion, far exceeding the costs of KRW 709 billion.
Disability rights groups hailed the ruling as a pivotal moment. “This decision acknowledges people with disabilities as equal members of society,” said Park Kim Young-hee, leader of the Disability Discrimination Act Solidarity.
The Ministry of Health and Welfare pledged to uphold the court’s ruling and strengthen policies ensuring equal access for individuals with disabilities. Advocates emphasize the need for legislative amendments to ensure lasting change and full accessibility in all public spaces.
M. H. Lee (mhlee@koreabizwire.com)
