NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 2016Du50907, October 31, 2019) saying, “It is unfair to refuse disability registration of a patient with Tourette syndrome, whose daily life is significantly restricted.” The Ministry of Health and Welfare and National Pension System conducted face-to-face investigation of the applicants and exceptionally allowed disability registration through a resolution by Disability Review Committee in May 2020. In addition, a provision on exception was added to the Notification of the Ministry of Health and Welfare on the level of disabilities(Standard to determine the level of disability, Notification of the Ministry of Health and Welfare 2021-109), but the methods of notifying the types of disability that can be registered under the Enforcement Rules of the Act on Welfare of Persons with Disability was not revised. 3 According to the 2021 Survey on Economic Activity of Persons with Disabilities(published by Employment Development Institute of Korea Employment Agency for Persons with Disabilities), among the 15 types of disabilities, figures were relatively high for facial disorders(55.2%), liver disorder(45.3%), and physical disabilities(42.8%) and mental disabilities were the lowest at 10.9%. 4 According to data submitted by the Ministry of Health and Welfare in 2022, the rate of education implementation increased from 50.6% in 2020 to 78.2% in 2021 for national institutions and from 74.6% to 91.8% for local governments. However, this seems to be the effect of the implementation of remote control due to COVID-19, which is easy to implement. In fact, as the rate of remote education tripled from 11.2% in 2016 to 30.8% in 2019, the rate of education implementation also nearly tripled from 19.3% in 2016 to 64.9% in 2019. 5 In October,2019, the pilot operation of high-speed bus equipped with wheelchair boarding started, but there are only 4 routes nationwide(From Seoul to Busan, Gangneung, Jeonju, and Dangjin), and there are only 10 such buses among 9,000 highspeed and intercity buses. 6 Recently, with regards to the discrimination remedy case to guarantee the right of persons with disabilities to move between cities, the Supreme Court reversed and remanded the second trial, which ordered bus companies to take active measures to prepare wheelchair lifting facilities based on the Disability Discrimination Prohibition Act, saying that it is in violation of the principle of proportionality(Supreme Court, Ruling 2019Da217421, February 17, 2022). The Supreme Court also decided that the government’s negligence of its duty to supervise and monitor the establishment of wheelchair lifting facilities and provide technical, administrative and financial support for reasonable accommodation is not discrimination because it was not in the type of discrimination under the Disability Discrimination Prohibition Act. However, when returning the case to the High Court, the Supreme Court decided that “the route subject to the installation of wheelchair boarding facilities shall be a route that has concrete and realistic probability for the plaintiffs to board in the future, and within the scope of the rout, wheelchair boarding facilities shall be established gradually in consideration of the financial condition of the defendants. 7 Seoul Central District Court, February 10, 2022, Ruling 2018GaHap524424 8 In Korea, with regards to children’s playground, there are various laws including the Act on Safety Management of Playing Facilities of Child>, <Housing Act>, <Act on Urban Parks and Green Areas>, <Child Care Act>, <Child Welfare Act>, but none of them include a provision on establishment of a playground to which a child with disabilities can access. The Act on the Guarantee of Convenience Promotion of Persons with 52