in “voters who cannot vote by themselves” regarding the voting assistance, and to provide
voting assistance.193) In response, the NEC changed the manual to allow voters who wish to
receive voting assistance because they cannot vote alone, regardless of whether or not they
are registered with a disability and the type of disability. However, it was repeatedly asserted
that there were cases in which the polling station workers, who were not familiar with the
type of disability, refused voting assistance unless they had apparent disabilities, such as
eyesight.194)
In the National Assembly, a bill to partially amend the Public Official Election Act195) has
been proposed and is pending, including adding the persons with developmental disabilities
to the list of voters eligible to obtain voting assistance, preparing and providing election
notices and voting guides that are easy to understand, and allowing easy identification of
candidates and political party by including photos of the candidates and the political party
symbol to the ballot. In Jan. 2022, human rights groups for the persons with disabilities filed
a discrimination relief lawsuit against the state, demanding that the persons with
developmental disabilities be provided with easy-to-understand election materials and
picture ballots.
B) No System to Protect the Right to Vote of the Persons with Developmental
Disabilities and Controversy
The right to vote has the power to express political opinions freely and bring about policy
changes through various methods, and is a right to be protected for the broad freedom of
political activities. Moreover, it is a fundamental right that any citizen can exercise, and the
persons with disabilities are no exception. However, Article 157(6) of the Public Official
Election Act stipulates that “a voter who is unable to record his or her vote for him/herself
due to a visual or physical impairment may be accompanied by his/her family or two persons
nominated by him or her to assist in his or her voting.” Voting assistance for the persons with
developmental disabilities is not explicitly stipulated.
193) Seoul Central District Court, Decided on Feb. 10, 2022, 2021KaHap21948
194) Be Minor, “No Suffrage for the Persons with Disabilities? Voting Assistance Blocked at Local Elections, Complaint
to the Human Rights Commission,” Jul. 22, 2022.
195) Co-sponsored by Rep. Lee, Eun-ju and 10 Others, Bill No. 2112977.
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