A view of the courthouse building in Seocho-dong, Seoul, jointly used by the Seoul Central District Court and the Seoul High Court (Image provided by the Seoul High Court).
SEOUL, May 16 (Korea Bizwire) — A South Korean appeals court has upheld a lower court ruling rejecting a lawsuit by a man seeking disability registration despite having a borderline intelligence quotient (IQ) score, reigniting debate over legal protections for individuals with mild cognitive impairments.
On Thursday, the Seoul High Court dismissed an appeal by a plaintiff identified only as “A,” who sought to reverse a decision by the Dongjak District Office in Seoul, which had denied his application for disability registration. A had scored 72 on the Wechsler IQ test—just above the threshold of 70 typically used to define intellectual disability under South Korea’s current welfare law.
While the court acknowledged that IQ should not be treated as the sole criterion for disability recognition, it concluded that A’s background and personal testimony did not support a finding of intellectual disability under existing legal definitions.
“The IQ threshold is merely one benchmark,” the court stated. “However, considering the applicant’s history and statements, it is difficult to conclude that he qualifies for disability protection as defined under the Welfare of Persons with Disabilities Act.”
The ruling highlighted a broader legal gap, noting that support for those with “borderline intellectual functioning”—individuals who fall just above the traditional cutoff—is a matter that should be resolved legislatively. A bill addressing such cases is currently pending in the National Assembly.
A ruling at a court (Image: ChatGPT)
In 2022, A underwent psychological testing and received an IQ score of 72. He subsequently applied for disability registration, but his application was rejected in early 2023 after he failed to submit a required medical evaluation form, despite being given a chance to supplement the documentation. A, with assistance from a civic group, filed a lawsuit to overturn the decision.
His legal team argued that the inability to obtain a required diagnosis form was itself a consequence of narrowly defined IQ criteria, which effectively bar those with borderline scores from access to welfare services.
“Unlike other types of disabilities, intellectual disabilities are only recognized if they are severe,” A’s lawyers argued, calling the current system discriminatory.
Jo In-young, an attorney with the nonprofit GongGam Human Rights Law Foundation representing A, said the ruling suggests the court believes individuals like A should be supported through separate legislation rather than existing disability registration systems.
“This is a bill that would require significant budgetary support, and the government has shown little interest in pushing it forward,” Jo said after the ruling. “If no action is taken, people currently struggling in the gap between definitions will be left without any public support.”
Lina Jang (linajang@koreabizwire.com)
