regulation, such as employment restrictions, is difficult because there is no specific
regulation of abuse crimes in the case of the disabled, unlike children and the elderly.
However, strictly speaking, crimes related to abuse of persons with disabilities are distinct
concepts from crimes against persons with disabilities.
Meanwhile, as of Jan. 28, 2022, due to the revision of the Act on Welfare of Persons with
Disabilities, the application of the ‘crimes and relationships’ was partially excluded for
crimes related to abuse of persons with disabilities. Under the Criminal Act, ‘crimes and
relationships’ exempt relatives, such as direct blood relatives and spouses, from punishment
for property crimes, such as fraud, embezzlement, and theft. The provisions on ‘crimes and
relationships’ have been demanded to be abolished for being one of the causes that
encourage the exploitation of the persons with disabilities by relatives, and constitutional
complaints have been filed.
In 2020, with the revision of the Act on Welfare of Persons with Disabilities, a special
provision for the appointment of public defenders for persons with disabilities who have
been victims of abuse was newly established, and has been in force since Jun. 2021.
However, an issue has been raised that the appointment of a lawyer is not effective because
it is a voluntary provision rather than a mandatory provision. The percentage of crimes
involving abuse of persons with disabilities in all public defender appointed cases is only
0.3% in 2021 and 0.5% in 2022 (as of Nov.), and the difference is large as compared to 33%
of child abuse crimes, where the appointment of a lawyer is mandatory.205)
C) Efforts to Eradicate Abuse of Persons with Disabilities
As the abuse crime of persons with disabilities is a crime that violates many laws, there is
a potential for various discussions, but related discussions are not actively conducted. Much
research on the application or interpretation of penalty provisions under various laws,
including the Criminal Act, Special Act on Criminal Affair, Act on Welfare of Persons with
Disabilities, Act on Persons with Developmental Disabilities, and Act on the Prohibition of
Discrimination Against Persons with Disabilities, etc.
205) The Indigo, “On my side?”… First step in discussion on public defender for the persons with disabilities, Jan. 28,
2023.
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