Korean Law Demystified!

Partial Victory After 11 Years: Court Orders Wheelchair Lift Installation on Key Intercity Bus Routes

📝 Summary

After 11 years of litigation, wheelchair-using plaintiffs have won a partial victory in their lawsuit demanding that intercity and commuter bus companies install wheelchair boarding devices.

The Seoul High Court’s Civil Division 33 ordered Kumho Express and Myeongseong Transportation to install wheelchair lifts only on the specific bus routes that the plaintiffs are realistically able to use, rather than on all buses owned by the companies.

Background of the Case

The lawsuit began in April 2014.

Lower courts originally ordered bus companies to immediately install wheelchair lifts on all buses under the Anti-Discrimination Act.

In March 2022, the Supreme Court overturned that decision, ruling that requiring installation on all buses without any grace period violated the principle of proportionality. The case was remanded.


High Court’s Decision

The court ruled that:

Kumho Express must provide wheelchair-accessible facilities on intercity bus routes.

Myeongseong Transportation must provide wheelchair lift access on its metropolitan express, direct express, and seated city bus routes.


However, this obligation applies only to routes with a concrete and realistic possibility that the plaintiffs might use them, taking into account:

– their residence,

– workplaces,

– and other relevant circumstances.


Implementation Timeline

Wheelchair boarding devices must be installed gradually between 2027 and 2035 on the specified routes.

Significance

The ruling acknowledges accessibility rights but limits obligations to practical, plaintiff-specific routes rather than imposing universal installation across all buses.

Article: https://www.hani.co.kr/arti/society/society_general/1232485.html

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