NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 4-2 Remedy of the court and corrective orders of the Ministry of Justice □ Current status and problems ㅇ The government stated that disability remedy litigation for persons with disabilities is supported through the litigation aid system, but there are no related national statistics. In addition, support through the litigation aid system covers only part of the remuneration of the lawyer in addition to the fees paid to the court(stamp and service charges), and the cost of losing the case has to be paid by persons with disabilities, the plaintiff of the remedy litigation. Discrimination remedy litigation is a difficult lawsuit in terms of biased information as well as the input of cost and time, and the risk of losing the case is high because the legal principles of the discrimination relief lawsuit for persons with disabilities are being established. ㅇ There are two types of corrective measures under the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of Their Rights(hereinafter referred to as the “Disability Discrimination Prohibition Act”); corrective recommendations of the Commission and corrective orders of the Ministry of Justice. However, the performance of the Ministry of Justice’s corrective orders has been very poor. Article 43 of the Disability Discrimination Prohibition Act was amended recently to partially ease the requirement for issuing corrective orders (amended on June 30, 2021) and the number of corrective orders has increased to 4 cases in 2021 by shortening the cycle of holding the Deliberation Committee on Disability Discrimination Correction from once a year to once a quarter. Before the amendment, there were only 2 correctives orders for the period of 13 years. Meanwhile, as the number of public officials in charge is insufficient and investigation is conducted only in writing, improvement is needed. In addition, the penalty for non-compliance with the corrective order is 30 million won or less, and there is no case of imposing a fine. □ Recommendations ㅇ To enhance the effectiveness of rights remedy through courts, data on discrimination remedy litigation for persons with disabilities should be established, 10