Disability Organizations to File Appeal Against Politician Over 'Disability Derogatory' Remarks

by Oh Kuemin

Published 20 Apr.2022 13:56(KST)

"We Will Continue to Respond to Hate Speech Against People with Disabilities"

On the 20th, the Institute for the Rights of Persons with Disabilities held a press conference in front of the National Assembly building in Yeouido, Seoul, announcing that they will file an appeal after losing the lawsuit seeking relief from disability discrimination against the members of the National Assembly who made 'disparaging remarks about disabilities.'

[Asia Economy Reporter Oh Gyumin] Disabled individuals plan to file an appeal after losing a disability discrimination relief lawsuit against politicians who made ‘disparaging remarks about disabilities.’

The Institute for the Rights of Persons with Disabilities (hereafter the Institute) held a press conference at 11:30 a.m. on the 20th in front of the National Assembly building in Yeouido, Seoul, stating, “We will continue to respond to the disability-hate remarks made by members of the National Assembly through filing an appeal.”

At the press conference, the Institute argued that the recent ruling applied incorrect legal principles. Attorney Choi Gap-in, representing the plaintiffs, said, “Although this is a claim for damages under the Disability Discrimination Act, the court applied the legal principles of criminal defamation as is. The court’s reasoning that the remarks were not disparaging because they did not specify individual victims misinterpreted and misused the Supreme Court precedent.”

The Institute also criticized the court for excessively protecting the political expression of the members of the National Assembly in this ruling. The Institute asserted that freedom of expression is not an unlimited fundamental right and that legal restrictions on hate speech are necessary.

However, the Institute viewed positively the court’s acknowledgment that the ‘disparaging remarks about disabilities’ by the members of the National Assembly reinforce hatred and prejudice against disabled people.

Litigant Cho Tae-heung (53) said, “This ruling is like saying that although the members of the National Assembly made disparaging remarks and hurt disabled people, they refuse to admit it,” adding, “It feels like saying ‘I drank and drove, but it wasn’t drunk driving.’”

On the 15th, the Civil Division 13 of the Seoul Southern District Court (Presiding Judge Hong Ki-chan) dismissed the request for disciplinary action and the establishment of regulations against six current and former members of the National Assembly (Kim Eun-hye, Kwak Sang-do, Yoon Hee-sook, Lee Kwang-jae, Heo Eun-ah, Jo Tae-yong) and National Assembly Speaker Park Byeong-seok in a disability discrimination relief lawsuit filed by five disabled plaintiffs including Cho Tae-heung (53), who has a physical disability. The court also ruled to dismiss the claim for damages.

The five plaintiffs with physical, hearing, and mental disabilities filed the discrimination relief lawsuit on April 20 last year, Disability Day, against the members of the National Assembly and the Speaker who made disparaging remarks about disabilities. The current and former members of the National Assembly stated in their responses that terms such as ‘one-eyed,’ ‘lame,’ ‘mute who has eaten honey,’ and ‘collective schizophrenia’ were generalized expressions and that they did not intend discrimination.