Can People Aged 65 and Over Continue to Receive Day Activity Services for Persons with Developmental Disabilities?

Ministry of Health and Welfare Guidelines Set Age Limit at 18-65, No Restrictions in Higher Laws

Court Rules "Stopping Service Due to Age Limit Not Specified in Law Is Illegal"

Local Governments Demand Guideline Revisions from Government...

There is growing interest in whether people aged 65 and over can continue to receive the 'Day Activity Service' that helps individuals with developmental disabilities live independently.

This follows a court ruling that declared the government guideline limiting the service usage age to between 18 and under 65 years old illegal, marking the first such decision nationwide.

This is not directly related to the article. On the afternoon of the 8th, a disability organization held a press conference in front of the Gwangju District Court, urging the provision of daytime activity services without age restrictions for people with developmental disabilities.
[Photo by Yonhap News]

The Gwangju District Court's 1st Administrative Division (Presiding Judge Park Sang-hyun) ruled on the 8th in favor of Mr. A, who had his Day Activity Service for developmental disabilities discontinued due to the age restriction guideline, in a lawsuit against the Mayor of Gwangsan District, Gwangju Metropolitan City. The court ordered Gwangsan District to cancel the discontinuation of the service for Mr. A.

The Day Activity Service is a program initiated by the Ministry of Health and Welfare since 2019 that supports various hobbies and educational activities for people with developmental disabilities during daytime hours. While the 'Act on the Guarantee of Rights and Support for Persons with Developmental Disabilities' does not set an age limit, the Ministry of Health and Welfare's related guidelines specify the support target as 'from 18 years old to under 65 years old.' All local governments nationwide, including Gwangsan District, follow this guideline.

Mr. A had been receiving this service but was no longer eligible after turning 65 in April last year. In this lawsuit, the court held that the discontinuation of service based on the age-restricted guideline, which lacks a basis in higher laws, must be canceled.

The Day Activity Service provides various programs such as bowling, climbing, and baking for people with developmental disabilities (intellectual and autism spectrum). The purpose is to support individuals with developmental disabilities in spending a 'meaningful and desirable day' through diverse daytime activities.

The Ministry of Health and Welfare funds the program, while local governments handle practical tasks such as user recruitment and program promotion. However, due to the age restriction in the Ministry's guidelines, the service has been discontinued for those aged 65 and over.

Before this ruling related to Gwangsan District, a similar administrative lawsuit is ongoing against Buk-gu, Gwangju, where a provisional injunction to suspend enforcement has been granted.

Gwangsan District has sent an official letter to the Ministry of Health and Welfare requesting a revision of the guidelines and plans to inspect the care status of high-risk severe disabilities within the first half of this year.

Buk-gu is monitoring the situation as the lawsuit is still ongoing. A district official stated, "We believe that government guidelines need to be issued before any measures can be taken."

The lawyer handling this case pointed out, "For administrative actions to be lawful, there must be a legal basis. However, since there is no regulation limiting age anywhere, this is a clear illegal act."

In response, a Ministry of Health and Welfare official said, "The official letter sent by Gwangsan District will be reviewed internally before a decision is made."

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