Disabled Lawyer "Lack of Accessibility Facilities for Disabled at Courts"... Constitutional Court Dismisses Case

Constitutional Court: "Discriminatory Acts Did Not Undergo Remedies Such as Court Rulings"

A disabled lawyer who was diagnosed with a first-degree physical disability due to spinal cord injury from a fall accident filed a constitutional complaint claiming that his fundamental rights were violated because courts, investigative agencies, and detention centers did not install facilities for the disabled. However, the complaint was dismissed on the grounds that he did not go through the prior relief procedures.

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On the 25th, the Constitutional Court announced that it unanimously decided to dismiss the unconstitutionality confirmation lawsuit filed by petitioner Park regarding the failure to install facilities for the disabled.

Park, who was diagnosed with a first-degree physical disability and uses a wheelchair, claimed that he faced difficulties because facilities for the disabled were not installed whenever he visited courts, investigative agencies, and detention centers to perform his duties as a lawyer.

He filed a constitutional complaint arguing that his fundamental rights, such as freedom to perform his profession and privacy, were infringed due to the failure of courts and others to install facilities for the disabled, such as elevators or restrooms for the disabled, and the failure of the Minister of Health and Welfare to oversee the installation and operation of such facilities.

The Constitutional Court stated, "One can seek a court ruling to determine whether discriminatory acts under the Act on the Prohibition of Discrimination Against Persons with Disabilities exist and to request the implementation of affirmative measures to correct such discrimination if it exists." However, "after reviewing the case records, there is no evidence that the petitioner went through the (statutorily prescribed) relief procedures, so the complaint is deemed inappropriate."

The Constitutional Court Act stipulates regarding constitutional complaints, 'if there are relief procedures under other laws, the complaint can only be filed after all such procedures have been exhausted.'

Regarding the inaction against the Minister of Health and Welfare, the court ruled, "It is difficult to derive a specific affirmative duty from explicit constitutional provisions, constitutional interpretation, or laws requiring public institutions to install disabled-only parking spaces or take corrective measures," and "a constitutional complaint against the non-exercise of public authority without an affirmative duty is inappropriate."

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