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| TITLE | Seoul Central District Court Decision 2023GaHap52091, dated Oct. 10, 2024: Appeal [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In a case where Party A, etc., persons with developmental disabilities, were denied requests for voting assistance on local election and presidential election voting days and subsequently sought structural remedies including the provision of voting assistance in future elections and damages for discriminatory acts against the State, the court held that the term “eligible voters who are unable to mark their ballots due to visual or physical disabilities” as prescribed in Article 157(6) of the Public Official Election Act includes persons who are unable to mark their ballots due to mental disabilities such as developmental disabilities, and the refusal to provide voting assistance to Party A, etc. constitutes indirect discrimination and denial of reasonable accommodation under the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights. Therefore, the court ordered the provision of voting assistance as an affirmative measure to cease and remedy discriminatory acts against Party A, etc., while holding that the State’s tort liability could not be established. | |
