of murder were sentenced to stay of execution.189) Since the will of the disabled person is not
reflected in the death, this is an obvious case of murder; however, the social context is taken
into consideration by the court, that the burden suffered by the perpetrator and the absence of
a social support system in the continuous protection and nurturing of the person with
developmental disability is a matter to be considered.
There are a considerable anxiety about the future when the families of the people with
developmental disabilities, especially their parents, provide the daily life support at all times.
When people with developmental disabilities were asked what they were most worried about
the future, ‘fear of being left alone’ (33.4%) was found to be the biggest, and as for the
difficulties faced by the families of people with developmental disabilities, the biggest
concern was “desperate about the death of the guardian” (34.9%).190)
Article 19 of the UN Convention on the Rights of Persons with Disabilities stipulates that
providing in-home and residential support services and other community support, including
assistance with activities necessary to support life and integration of persons with disabilities
in the community and prevent marginalization or separation from the community are the
duties of the state to ensure access.
Supporting people with developmental disabilities to live their lives as members of the
society is an important role that the state must play. It is necessary to establish a systematic
and effective rights protection system to support the independent living of people with
developmental disabilities in connection with various social services, such as activity
support for people with developmental disabilities and daytime services.
189) Hankyoreh, A Tragic Choice for the Families with Developmental Disabilities ... Trapped in ‘Life-long Care,’ Jul. 4,
2022.
190) Ministry of Health and Welfare, 2021 Survey on the Conditions of the People with Developmental Disabilities, Sep.
2022.
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