Hyungyeop Kwon Proposes "Act on the Guarantee of Rights of Persons with Developmental Disabilities"

According to Human Rights Commission Survey, 79% of Respondents Questioned Without Assistance

"Identification Indicators and Information Linkage Needed to Ensure Rights Protection System Functions"

On March 30, Hyungyeop Kwon, a member of the National Assembly representing Suncheon-Gwangyang-Gokseong-Gurye (Eul district) in South Jeolla Province for the Democratic Party of Korea, announced that he had sponsored the "Act on the Guarantee of Rights of Persons with Developmental Disabilities" (Partial Amendment to the Act on the Guarantee and Support for Persons with Developmental Disabilities) to strengthen the protection of rights for people with developmental disabilities in criminal and judicial procedures.

The current law stipulates the right of persons with developmental disabilities to receive assistance during investigation and trial processes, including allowing a trusted associate to be present and designating dedicated prosecutors and judicial police officers, in order to prevent disadvantage during criminal procedures.

Hyungyup Kwon, Member of the Democratic Party of Korea

However, there have been ongoing concerns that, in practice, it is difficult to immediately identify whether an individual has a developmental disability, resulting in the system not being fully utilized. The absence of identification indicators to determine whether those involved in a case have developmental disabilities has meant that measures such as allowing a trusted associate to be present are not implemented in a timely manner.

The National Human Rights Commission of Korea (hereinafter referred to as the Human Rights Commission) has also recommended the development and use of identification indicators for people with developmental disabilities to meaningfully guarantee their right to defense. From March last year, the Human Rights Commission conducted an ex officio investigation, interviewing 127 individuals with developmental disabilities in correctional facilities nationwide over a two-month period. Of these 127 individuals, 100 people—accounting for 78.7%—were found not to have received assistance from a trusted associate.

In response, the proposed amendment requires the Minister of Health and Welfare to develop and distribute identification indicators that can promptly determine whether someone has a developmental disability, and to recommend that investigative agencies utilize these indicators.

Additionally, if confirmation is difficult using only the identification indicators, investigative agencies will be allowed to request disability registration information from the Ministry of Health and Welfare or utilize the Social Security Information System, thereby enabling rapid verification of developmental disability status.

Furthermore, if an individual is confirmed to have a developmental disability, a trusted associate can be appointed ex officio to be present. The amendment also specifies a prohibition on use for purposes other than intended and an obligation to destroy information in order to protect personal data during the information usage process.

Hyungyeop Kwon stated, "Although there is already a rights protection system for people with developmental disabilities, in practice, the system does not function because even the identification of developmental disabilities is not properly carried out on the ground," adding, "By introducing identification indicators and linking information, we must ensure that the rights of people with developmental disabilities are meaningfully guaranteed throughout criminal and judicial procedures."

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