and social participation of persons with severe disabilities. The Commission also deemed
that, in consideration of economic conditions of persons with disabilities, it is desirable for
the central or local governments to provide a subsidy for expenses incurring from the
disability grade assessment needed for applying for personal assistance service.
Despite the Commission's opinion, however, the enactment bill of the Act on Support
for Activities of Persons with Disabilities was passed by the National Assembly in its
original form and is scheduled to enter into effect in 2011.
2. Opinions Submitted to Courts
1) Opinion to Courts on Request for Ruling on the Yongsan Incident
On January 20, 2009, five evictees and a police officer died in a clash in Namildang
Building located in Hangangro 2-ga, Yongsan-gu, Seoul. Concerning the incident, the
Commission submitted its opinion to the Seoul High Court, where the request for ruling
was proceeding, that the exercise of police power at the time was an excessive measure in
that the police failed to fulfill their duty to take due diligence, thus violating the principle
of proportionality. The reasons for the Commission believing that the excessive use of
force by the police violated their duty of due diligence and the Commission submitted its
opinion to the court as follows:
Even in the case of suppressing unlawful occupation and protests, the police should
make a reasonable judgment over whether they will continue the suppression or whether
there is a need for changing enforcement methods in consideration of the danger of
potential damage based on the illegality of activities, whether to possess dangerous
substances, and the circumstances in the place of protest and should respond accordingly.
In other words, the police have the duty to prevent a situation where unnecessary physical
harm is inflicted on others in the suppression process by conducting the suppression in as
safe and peaceful manner as possible. Nevertheless, the police neglected this duty and only
focused on arresting protesters beyond the scope deemed rational and reasonable, so the
Chapter 1. Improvement of Laws, Regulations, Policies and Practices
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