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NHRCK recommended to enhance participation of people with disabilities in judicial process
Date : 2018.11.21 00:00:00 Hits : 2108

National Human Rights Commission of Korea concluded that it is violation of the Act on the Prohibition of Discrimination against Persons with Disabilities, Remedy against Infringement of Their Rights, Etc. to impose the expenses for sign language interpretation to the person who asked for it during the process of civil procedure. It recommended to the Chief Justice of the Supreme Court to enhance systems to guarantee equal level of judicial procedure and service for people with disabilities.

The complainant, with grade 2 hearing disabilities, requested for provision of sign-language interpretation during the litigation. He had to pay the expenses as the Court ordered him to prepay the cost for interpretation service. The complainant filed a complaint to the NHRCK saying that not guaranteeing actual participation of persons with disabilities in the process of lawsuit is discrimination against people with disabilities.

 

In response, the Supreme Court answered that unlike criminal procedures where the state pays the expenses for lawsuit, for civil and family lawsuits, in principle, it is the party concerned who has to bear the cost. Except for special cases, the expenses for sign-language interpretation has to be paid by the person who asked for it, and through litigation aid system, payment can be postponed or exempted.

 

However, the Committee on the Rights of Persons with Disabilities of the NHRCK concluded that based on Article 26 paragraph 4 of the Act on the Prohibition of Discrimination against Persons with Disabilities, Remedy against Infringement of Their Rights, Etc., providing assistance including sign-language interpretation during the process of lawsuit not only provides legitimate accommodation but also an opportunity to enjoy equal service by providing the necessary service without imposing the burden of cost on them. It also concluded that imposing the cost for service including sign-language interpretation during civil suit on the person with disabilities does not conform to the purpose of the act that stipulates provision of equal service to the persons with disabilities.

 

Hence, the NHRCK recommended to the Chief Justice of the Supreme Court to make an amendment to the Civil Procedure Rule or Established Rule on Operation of Litigation Aid System to enable the persons with disabilities enjoy equal level of service during lawsuit.

 

 

 

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