NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 ㅇ In addition, in Korea, there are substitutes for decision-making who do not receive supervision or monitoring of court under various health and welfare-related legislation. Notable examples are Article 43 of the Mental Health and Welfare Act(protective hospitalization of patients with mental illness, refer to 14-2) and paragraph 6 of Article 60 (2) of the Act on Welfare of Persons with Disabilities which prescribed that families, etc may execute vicariously all or part of the contract where persons with disabilities have difficulties in concluding contracts due to lack of intellectual abilities in deciding usage of facilities. ㅇ Article 8 paragraph 3 and Article 21 paragraph 2 of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities(hereinafter referred to as the ‘Act on Persons with Developmental Disabilities’) prescribe that guardians can support the decision-making of persons with developmental disabilities including a decision on dwelling, consent or rejection of medical services, use of welfare service and manage an account on behalf of them. □ Recommendations ㅇ Regarding the current guardianship system, substituted decision-making should be replaced with supported decision-making that conforms to Article 12 of the Convention and General Comment No.1. ㅇ To this end, it is recommended to study and develop exemplary practices that respect the right of persons with disabilities to receive the support needed to exercise their legal capacity. ㅇ It is recommended that compulsory education on public officials, judges, and social workers pursuant to Article 25 of the Act on Welfare of Persons with Disabilities be enhanced to conform to the purpose and contents of the Convention including contents on legal capacity and supported decision-making of persons with disabilities. ㅇ It is recommended to improve the law that recognizes substitutes for decisionmaking not supervised by the court, such as Article 60 (2) paragraph 6 of the Act on Welfare of Persons with Disabilities and Article 8 paragraph 3 and Article 21 paragraph 2 of the Act on Persons with Developmental Disabilities. 23