Court: "Local Governments Must Cover Electric Wheelchair Costs for Severely Disabled"

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[Asia Economy Reporter Kim Daehyun] A court ruling has declared illegal the decision by a local government to refuse payment for an electric wheelchair to a person with severe disabilities on the grounds that safe operation alone would be difficult.

On the 3rd, the Administrative Court of Seoul, Administrative Division 11 (Presiding Judge Kang Woochan) ruled in favor of plaintiff A, a person with severe disabilities, in a lawsuit against the Mayor of Gangseo-gu, Seoul, seeking cancellation of the refusal to provide assistive device benefits.

Previously, Gangseo-gu rejected A's request for support for the cost of an electric wheelchair, citing reasons such as "it seems unlikely that the electric wheelchair can be operated safely by oneself."

According to the Act on Assistive Devices for Persons with Disabilities, electric wheelchairs are broadly divided into self-operated electric wheelchairs and attendant-operated electric wheelchairs (wheelchairs with control joysticks installed on the back of the wheelchair), and the state and local governments are stipulated to directly provide or rent electric wheelchairs themselves.

However, related laws such as the Medical Care Assistance Act assume that while electric wheelchairs can be provided to persons with relatively easy mobility, they should not be provided to persons with severe disabilities.

The court stated, "It is reasonable to at least open the possibility of providing attendant-operated electric wheelchairs, which are designated as eligible for provision under higher laws," and ruled in favor of A.

The court further stated, "The administrative legislative inaction of the Medical Care Assistance Act Enforcement Rules and subordinate notification regulations, which exclude attendant-operated electric wheelchairs from the scope of benefits without reasonable grounds, violates the principle of equality and is invalid," adding that "(providing attendant-operated electric wheelchairs) can slightly reduce the unilateral sacrifices of families of persons with disabilities and can significantly help persons with severe disabilities in seeking caregiving labor."

Moreover, the court added, "The plaintiff corresponds to a person with brain lesions and intellectual disabilities who can 'operate an electric wheelchair safely by themselves' in terms of intellectual and operational ability," and "the defendant's refusal decision lacks legal grounds and is illegal."

This content was produced with the assistance of AI translation services.