Summary:

Plaintiff: Mr. Hwang, registered as a person with severe upper-limb disability and mild lower-limb disability, suffering from cervical myelopathy that weakens hand strength and impairs walking.

Incident:

In November 2020, Hwang applied to use Seoul’s disabled call taxi service.

Seoul Facilities Corporation rejected his request, saying he didn’t meet the legal requirement of having “serious functional impairment in both legs” under the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons.

Seoul City upheld this decision even after Hwang filed a complaint.


Lower Court (1st Instance):

Recognized Hwang as eligible for special transportation.

However, dismissed his claim—stating the city and corporation were not legally liable, as the Disability Discrimination Act did not explicitly cover call taxi services.


Appeal Court (2nd Instance):

Overturned the lower court’s ruling.

Found that Seoul City and the Facilities Corporation engaged in disability discrimination.

Ordered them to allow Hwang to use the service and pay ₩3 million (approx. USD 2,200) in damages.

Held that requiring “severe walking disability” was an unreasonable and overly narrow interpretation of the law.


Supreme Court (Sept. 25, 2025, Case No. 2024Da207923):

Upheld the appeal court’s decision in full.

Stated that public institutions have a duty not to discriminate against persons with disabilities when providing essential services that protect life, safety, or property.

Noted that minor vibrations or sudden stops in public transport can cause serious injury to people with disabilities, underscoring the need for cautious and inclusive assessments.


Key Takeaway:
The Supreme Court reaffirmed that denying access to special transportation based on an overly rigid interpretation of disability criteria amounts to unlawful discrimination. Public institutions must apply disability rights laws broadly and sensitively to ensure equal mobility for all citizens.

Article: https://www.lawtimes.co.kr/Case-curation/212012