Case reviewing whether the state is liable for damages due to the failure to amend the enforcement decree that inadequately defines the obligation to install facilities for a person with a disability.

The Supreme Court has decided to hold an en banc public hearing with the Chief Justice and all Justices present for case 2022Da289051, concerning Discrimination Remedy Claims (Justice in charge: Justice LEE Sook Yeon) at 14:00 on Wednesday, October 23, 2024, in the Grand Courtroom.

This will be the first en bancpublic hearing since Chief Justice JO Hee-de assumed office. Intense exchanges of legal arguments are anticipated at the public hearing in the Grand Courtroom. The enforcement decree of the Act on the Promotion of Convenience for the Disabled, the Elderly, and Pregnant Women (hereafter “Enforcement Decree of the Act on Welfare of Persons with Disabilities”) defines the scope of small retail stores subject to the obligation to provide accessibility for people with disabilities. The case raises the issue of whether the state is liable for damages due to its prolonged failure to amend the decree, which has resulted in insufficient protection of access rights for people with disabilities.

This case may have significant implications not only for the substantive guarantee of access rights for people with disabilities but also for other areas where state liability may arise due to legislative or administrative inaction.  

In order to obtain a broad range of opinions, Chief Justice JO Hee-de has sent requests for submissions of opinions on these disputed issues of the case to a variety of organizations, including the Korea Institute for Health and Social Affairs, in accordance with Article 134-2(2) of the Regulation on Civil Procedure and Article 4-2(1) of the Regulations on Pleading at the Supreme Court.

Given the potential societal impact of the case and its close relation to the daily lives of individuals, the Supreme Court seeks to ensure that it receives a broad range of perspectives on the issue.

The entire proceedings will be open to the public, including the questioning and responses between the trial panel, the parties, legal representatives and reference persons.

By holding a public hearing on a case with potential societal consequences, the Supreme Court enhances the fairness and transparency of trials.  

It ensures that the actual proceedings of the Supreme Court, which unifies legal interpretations and establish standard legal norms, are transparently presented to the public.

After the hearing, the trial panel will deliver the sentences within 2-4 months following final discussion of Chief Justice and all Justices. The exact date of the ruling will be announced in due course.

Summary of main issues are as follows:  

- Whether the defendant’s failure to amend the former enforcement decree of the Act on Welfare of Persons with Disabilities, which insufficiently defined the obligation for small retail stores to install accessible facilities, constitutes an unlawful act.

- If administrative legislative inaction is deemed unlawful, whether the state can be held liable for damages as a result.

Hearing Schedule

Duration: 14:00 ~ 16:30 (approx.150 minutes)

Audience Attendance: Tickets will be distributed from 13:10 on October 23, 2024.

Live Broadcast: The hearing will be live-streamed on platforms such as Naver TV, Facebook Live, and YouTube and others, starting at 14:00 on October 23, 2024.