Confusion in Current Disability Welfare Act Regulations
Ministry of Health and Welfare to Ministry of Justice for Crime Punishment
"Investigation Procedure Support Must Be Strengthened"

A special law is being promoted to specifically define acts that constitute crimes of abuse against persons with disabilities to enhance the effectiveness of punishment, and to have the Ministry of Justice handle the investigation and punishment of such crimes to guarantee the human rights of persons with disabilities.


On the 20th, which is Disability Day, Kim Ye-ji, a member of the People Power Party, stated, "The number of abuse cases against persons with disabilities is steadily increasing, and incidents of abuse are occurring frequently," adding, "I have submitted a bill for the 'Special Act on the Punishment of Crimes of Abuse against Persons with Disabilities'." Fifty-one lawmakers from both ruling and opposition parties have joined this special law.


In cases of crimes involving abuse of persons with disabilities, related provisions are scattered across various individual laws, and criminal procedures are established under welfare support laws, causing systemic confusion. For example, the Welfare of Persons with Disabilities Act is under the jurisdiction of the Ministry of Health and Welfare, which has been criticized for taking lenient measures. According to a research report analyzing court rulings on abuse of persons with disabilities over three years from 2017, 42% of defendants accused of physical and economic exploitation of persons with disabilities received suspended sentences.


Kim Ye-ji, Member of the People Power Party. Photo by Yoon Dong-joo doso7@

Kim Ye-ji, Member of the People Power Party. Photo by Yoon Dong-joo doso7@

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This special law aims to transfer investigations related to abuse of persons with disabilities to the Ministry of Justice to increase legal effectiveness. It stipulates punishment for human trafficking of persons with disabilities for the purpose of sexual or labor exploitation, and provides for aggravated punishment for perpetrators of abuse causing death or injury, habitual offenders of abuse crimes against persons with disabilities, and those in special relationships with the disabled who commit abuse.


In particular, this special bill revives the purpose of the now-defunct assistant system. Lawmaker Kim explained, "Seven out of ten abused persons with disabilities are individuals with developmental disabilities who have difficulty expressing their own intentions," adding, "The special law on abuse of persons with disabilities allows abused persons to receive practical support through the assistant system during judicial procedures." Although abused persons with disabilities can appoint assistants, many are unaware of this. Therefore, the special law specifically stipulates that abused persons with disabilities can receive support from lawyers and assistants through the court and other judicial procedures.



Kim said, "Although crimes of abuse against persons with disabilities are increasing, our society still lacks awareness of such cases," and added, "With more than half of the abused persons with disabilities being individuals with developmental disabilities, the Ministry of Justice must strengthen support during investigation procedures to ensure that not a single unjust victim arises."


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

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