5. The Welfare of Disabled Persons Act (WDPA) began using the term “degree of
disabilities” as a replacement to the “disability rating” since its amendment on 19 December
2017. With this amendment, the disability rating will lose its legal effect starting 1 July 2019,
wherein the revised Act prescribes that the recipient of service for disabled persons will be
selected through the comprehensive survey of applicant’s needs, characteristics and
circumstances.
List of possible inquiries for consideration
6. Specify the extent of monitoring, which the Korean government has adopted for the
future ratification of the Optional Protocol to the Convention, the results of monitoring, and
the government’s detailed plans for ratification.
7. Specify relevant budget, organizational structure, allocation of human resources and
operational plan of the Korean government for implementation of the customized service for
disabled persons, following the repeal of existing policy on disability rating.
III. Specific Rights
Article 5- Equality and Non-discrimination
Current status
8. The Civil Procedure Act (Article 1286) stipulates that the government may grant a
litigation aid, as a remedial procedure, for persons who falls short of the solvency to pay the
cost of lawsuit; however, the Act of the Stamps Attached for Civil Litigation, etc. has yet to
enact a provision to exempt or reduce the cost of lawsuits for victims of disability
discrimination. The Commission notes that the CRPD has made recommendation to the
Korean government “to exempt or reduce the cost of lawsuits for victims of disability
discriminations in order to ensure the access to remedies through court.”
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Article 128 (Requisites for Aid) ①A court may grant a litigation aid, either ex officio or upon request of a
person who falls short of the solvency to pay the costs of lawsuit: Provided, that the same shall not apply
where it is obvious that the lawsuit will fail.
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