NATIONAL HUMAN RIGHTS COMMISSION OF KOREA
Submission to the Committee on the Rights of Persons with Disabilities – July 2022
□ Recommendations
ㅇ In consideration of the vulnerable situation of the disabled victims of sexual
violence, a measure to prevent secondary damage against the victims should be
devised.
ㅇ The court or investigation institutions should inform everyone of the right to
receive assistance in cases of disabilities in communication or expression of
intention and the content of such assistance.
ㅇ A fact-finding survey has to be conducted on the dedicated investigation system
for persons with developmental disabilities to check if it is effective in
guaranteeing the rights of persons with disabilities.
13-2~5
Granting legally binding force on the guideline on judicial assistance
for persons with disabilities
□ Current status and problems
ㅇ Publishing the revised Guideline on Judicial Support for Persons with
Disabilities(June 2020) and conducting a fact-finding survey on judicial support of
the court and research on improvement measures are evaluated to be meaningful
efforts of the Ministry of Court Administration. However, the court has not
considered the accessibility of persons with disabilities in regulations on facilities
such as rules on judicial facility standards and rules on court seats and it does not
receive a regular fact-finding surveys on accessibility and Barrier-Free(BF)
certification. In addition, disability support of the Center on Judicial Access or
window for preferential support is not linked to the trial process, and the provision
of convenience for persons with disabilities is insufficient. There is no effort seen
to establish a judicial support system including monitoring with the participation of
persons with disabilities and legislating measures to enhance guidelines and
institutions.
ㅇ Inmates with disabilities can use the public defender system, but there are cases
where adequate legal support is not provided due to a lack of understanding of
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