Gwangsan-gu, Gwangju Actively Proposes Improvements to Eliminate Discrimination in Services for People with Disabilities
Gwangsan-gu, Gwangju Metropolitan City (Mayor Park Byeong-gyu) recently announced regarding the first trial court ruling on the lawsuit to cancel the suspension of the developmental disability day activity service, stating, "We have submitted an appeal in accordance with the Ministry of Health and Welfare's opinion and the Ministry of Justice's guidelines," and added, "Separately from the lawsuit, we will actively propose system improvements to the government to ensure the rights and interests of persons with disabilities."
The developmental disability day activity service is a project supported by national funds since March 2019, through which local governments nationwide provide various hobby activities and independent living education during daytime hours for persons with developmental disabilities.
Following the Ministry of Health and Welfare's guideline to support those "aged 18 and above but under 65," Gwangsan-gu suspended the service provided to Mr. A, who turned 65 in April last year.
Mr. A filed an administrative lawsuit requesting the cancellation of this administrative disposition, and on the 8th, the Gwangju District Court ruled in the first trial that "the administrative measure restricting developmental disability day activity services based on age limits is illegal."
Regarding the follow-up response, Gwangsan-gu received an opinion from the Ministry of Health and Welfare through an inquiry under the Administrative Litigation Act advising to appeal, and also received a directive to file an appeal from the Ministry of Justice under the Act on Litigation Involving the State, leading to the decision to appeal.
Gwangsan-gu explained, "We strongly agree and support that developmental disability day activity services should continue regardless of age to guarantee the basic rights of persons with disabilities," but added, "Since the government is the actual main entity of the project and holds authority over implementation and operation, there are aspects that local governments cannot independently judge or decide."
They continued, "The government appears to be seeking a judicial review again considering that this lawsuit ruling is the first case nationwide and has attracted significant social attention," and expressed hope that "this will serve as an opportunity for social discussion on better disability policies."
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A Gwangsan-gu official emphasized, "Separately from the lawsuit, we will actively propose system improvements to relevant ministries to ensure that disability services demanded and needed by persons with disabilities and disability organizations are guaranteed, and that the rights and interests of persons with disabilities are not discriminated against for any reason," adding, "We will also continue our own efforts to supplement blind spots in the current system and prepare alternatives that actively support the basic rights of persons with disabilities."
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