Initially, the NEC expressed that allowing all persons with developmental disabilities to receive voting assistance is not permitted under the Public Official Election Act, and emphasized that the right to self-determination of the persons with disabilities must be protected as the direction of voting can be determined by the preference of the voting assistant, not the voter. On the other hand, there are also objections that not allowing voting assistance to people with developmental disabilities due to the possibility of voting by proxy, unlike people with visual or physical disabilities, is discrimination,196) and there is a high probability that an arbitrary standard will intervene in determining whether a person is eligible under the category of “a voter who cannot cast a ballot due to a visual or physical disability” at the polling station.197) The fact that it is difficult for the persons with developmental disabilities to access the information at the same level as people without disabilities in elections also acts as a barrier to the persons with developmental disabilities in exercising their right to vote. In order for the persons with disabilities to exercise equal right to vote as non-disabled people, they must be able to access the election information so that they can select candidates, and must be able to vote the candidate of their choice. However, it is difficult for the persons with developmental disabilities to easily understand the generally provided election announcements, and even if the voters understand the campaign pledges and vote for the candidate of choice, the voters often have difficulty voting alone because the voter cannot read. C) Efforts to Guarantee the Right to Vote of the Persons with Developmental Disabilities Article 29 of the UN Convention on the Rights of Persons with Disabilities (Participation in Political and Public Life) states that, in order to ensure that the persons with disabilities enjoy political rights and opportunities on an equal basis with others, the states must ensure that voting procedures, facilities and equipment are adequate and accessible, easy to understand and use, guarantee the free expression of opinions for the persons with 196) Be Minor, “NEC, Refusing Voting Assistance to the Persons with Development Disabilities, Even with Court Orders,” May 24, 2022. 197) Yonhap News, “Capricious Voting Standards for the Persons with Developmental Disabilities,” Jun. 1, 2022. 81

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