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.
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