Parallel Report under the UN-CRPD for Republic of Korea

Parallel Report under the UN-CRPD for Republic of Korea

 Parallel Report under the UN-CRPD for Republic of Korea

daily nation kdf shortlisted  - August 2014

Submitted by Korean Disability Forum



Korean Disability Forum (KDF) is an association of Korean disability organizations, consisted of twenty two members. KDF was formed in 2012, as an outcome of cooperation on preparation of the Asia-Pacific Decade of Persons with Disabilities (2013-2022) and on drafting work of the Incheon Strategy, which was adopted by the 69th General Assembly of the UN ESCAP in 2013. KDF was established with a view to bring about real changes into the lives of persons with disabilities through both national, the Asia and Pacific regional and international cooperation.
The members of KDF
Arts PAN for People with Disabilities, Culture Space for Persons with Disabilities, Disability and Rights, Foot in Action, Disability Discrimination Act of Solidarity in Korea, Empathy, Women with Disability, Institute of the Disabled for Independent Living, Korea Disabilities Art Association, Korean Alliance on Mental Illness, Korean Blind Women United, Korean Council on Center for Independent Living, Korean Culture Association for the Disabled, Korean Differently Abled Federation, Korean Kidney Patients Association, Korean Mission Association for people with Disabilities, Korean Parents Association, Korean Parents’ Network for People with Disabilities, Korean Society of Rehabilitation for Persons with Disabilities, Korean Solidarity for Human Rights of Disabled People with Brain Lesion, Nodl Center for Independent Living, Solidarity against Disability Discrimination, The Motion & Sound for All, The Research Institute of the Differently Abled Person's Right in Korea
Contents

EXECUTIVE SUMMARY    3
ISSUES    4
Issue 1: Article 1 (Purpose)    4
Issue 2: Article 3 General Principles    4
Issue 3: Article 4 General Obligations    5
Issue 4: Article 6 Women with Disabilities    5
Issue 5: Article 7 Children with Disabilities    6
Issue 6: Article 8 Awareness-raising    6
Issue 7: Article 9 Accessibility    7
Issue 8: Article 11 Situations of Risk and Humanitarian Emergencies    7
Issue 9: Article 12 Equal Recognition before the Law    7
Issue 10: Article 14 Liberty and Security of Person    8
Issue 11: Article 18 Liberty of Movement and Nationality    8
Issue 12: Article 19 Living Independently and Being Included in the Community    9
Issue 13: Article 20 Personal Mobility    10
Issue 14: Article 21 Freedom of Expression    10
Issue 15: Article 24 Education    11
Issue 16: Article 27 Work and Employment    11
Issue 17: Article 28 Adequate Standard of Living and Social Protection    12
ENDNOTE    12




EXECUTIVE SUMMARY

KDF identified a total of 66 problems as a result of a review on the initial state report submitted by the South Korea government. The problems of the state report appeared in the following forms.
First, (Limited Implementation of CRPD) 26 Cases in which liabilities of the country directly involved specified in the CRPD were not implemented sufficiently and only results of partial implementation were reported;
Second, (Erroneous in Contents) 7 Cases in which wrong information were reported and the details of the CRPD were not analyzed accurately;
Third, (Missing Report) 8 Case in which important matters specified in the CRPD were not reported in the report; and
Fourth, (Insufficient Report) 25 Case in which the status of the rights of persons with disabilities according to the CRPD were not reported sufficiently: 25 cases.
With regard to these problems, 17 core issues were selected and addressed within the relevant CRPD article. Recommendations and suggestions were also made for each issue.
Article 1 Purpose: Problems of disability grading system in Korea
Article 3 General Principles: Adult Guardianship Programs that infringe individual autonomy and self-determination of persons with disabilities
Article 4 General Obligations: Limited participation of persons with disabilities in the process of disability policy making
Article 6 Women with Disabilities: Insufficient prevention programs for domestic violence and sexual assault against women with disabilities
Article 7 Children with Disabilities: Exclusion from compulsory education and social services
Article 8 Awareness-raising: Erroneous report by the Korean government regarding the school textbooks.
Article 9 Accessibility: Unimproved installation rate of convenience facilities for persons with disabilities.
Article 11 Situations of Risk and Humanitarian Emergencies: Neglect of the Framework Act on the Management of Disasters and Safety
Article 12 Equal Recognition before the Law: Abuse of Adult Guardianship Programs
Article 14 Liberty and Security of Person: Involuntary hospitalization of persons with mental disabilities
Article 18 Liberty of Movement and Nationality: Neglect of persons with disabilities with a foreign nationality
Article 19 Living Independently and Being Included in the Community: Limited personal assistance and weak deinstitutionalization policy
Article 20 Personal Mobility: Insufficient introduction rate of low-floor buses
Article 21 Freedom of Expression: Problems regarding a sign language
Article 24 Education: No report on teachers with disabilities in schools
Article 27 Work and Employment: Unsatisfying national employment policy for persons with disabilities
Article 28 Adequate Standard of Living and Social Protection: Disability Pensions System and the national basic livelihood protection scheme that cannot secure incomes of persons with disabilities
ISSUES
Issue 1: Article 1 (Purpose)
1. The South Korean government reported on the implementation status of Article 1, “The government is now looking into ways to newly establish a comprehensive assessment scheme, under which labor and social functioning capabilities as well as medical judgment are considered, in order to provide each disabled person with proper social services.” However, in the present, the government administers the existing Disability Grading System more strictly, rather than devising this scheme. Existing registered persons with disabilities should have re-examination of disability grade in order to get access to the disability care and support services or disability pensions, and as a result, one third of the re-examined were downgraded or nonrated.
2. Ahn (32) living in Seodaemun-gu, Seoul got downgraded from Grade 1 to Grade 4 after disability grading re-examination in last March. He made a formal objection, but it was not accepted. Mr. Ahn cannot use his left arm and both legs and only moves with an electric wheelchair. Mr. Ahn could receive neither disability pensions nor personal assistant services due to the downgrading. This is because currently, only Grade 1 and 2 are the recipients of personal assistant services, and Grade 1, 2 and Complex Grade 3 can receive disability pensions. In addition to this incidence, a lot of persons with disabilities came to be excluded from the provision of necessary services due to the reexamination. In fact, 36.7% of persons with disabilities have experienced downgrading.
3. The government’s disability grading system is just a measure for administrative expediency introduced to efficiently distribute limited welfare budgets for persons with disabilities. However, harmful effects have been occurring, and considering this, 19th National Assembly and the administration of President Park Geun-hye promised to abolish the disability grading system. However, three years after this promise, neither the abolition of the disability grading system nor the presentation of any personalized welfare service has been made.
4. Thus, in order to achieve the goal of Article 1 of UNCRPD, the government should abolish the disability grading system which is operated only by medical judgment and prepare an immediate plan for a social service system appropriate for the characteristics and needs of persons with disabilities (No. 1. List of Issues, CRPD).

Issue 2: Article 3 General Principles
5. Regarding the implementation status of Article 3, the Korean government stated, “Korea respects the freedom to choose and the right to self-determination of persons with disabilities under relevant laws, and has been making efforts to promote them.” However, the government has introduced policies that are very likely to infringe individual autonomy and self-determination of persons with disabilities, e.g. The implementation of the Adult Guardianship System since 2013.
6. According to the provision in Article 9 of the Civil Code revised in March 2011, it is provided that an adult guardian adjudication request can be made for “a person has the status of guardian because the ward is incapable of caring for his or her own interests due to disability.” Since this provision is too abstract, the adult guardian adjudication request procedure can be made unfairly by family members, and in this process, self-determination of persons with disabilities may be seriously restricted. It is reported that there are about 300 legal provisions limiting or depriving them of their qualifications if persons with developmental disabilities or those with mental disabilities have an adult guardian. It is very likely that self-determination of persons with disabilities is seriously infringed due to the legal and systemic devices against it, rather than respecting self-determination of persons with disabilities according to the general principles of CRPD,
7. The government should provide a proper measure to prevent an element of self-determination infringement that may occur in the process of implementation of the Adult Guardianship System

Issue 3: Article 4 General Obligations
8. The Korean government stated regarding the implementation status of Article 4, “The WDPA Enforcement Decree states that at least half of the members of the PCCDP, which is responsible for developing integrated disability policies and monitoring their implementation, should be composed of the heads of DPOs or individuals who have vast knowledge and experience in disability-related issues. The government has also invited persons with disabilities or those concerned with DPOs to participate in various committees set up for the development and implementation of disability policies.” But in this report details of who, when and how to participate in the Policy Coordination Committee for Disabled Persons are not presented, and the actual organizations in which persons with disabilities participate are also not presented.
9. Presently, the Policy Coordination Committee for Disabled Persons has been organized, but it has been operated as a formal organization that holds a meeting once or twice a year. Since the formation of the members, decision-making procedures and results of meetings of this Committee are not open it is difficult to consider it as a public organization representing the opinions of persons with disabilities. In addition, this Committee is summoned on the need-base and cannot cover various issues related to disability.
10. Thus, the government should modify related legal procedures so that the Policy Coordination Committee for Disabled Persons can fully represent the persons with disabilities and also make efforts to construct a system that can operate the Policy Coordination Committee for Disabled Persons on the regular-base.

Issue 4: Article 6 Women with Disabilities
11. The Korean government reported on the implementation status of Article 6, “The aforementioned Act obliges persons in charge of sexual assault prevention programs in educational institutions, workplaces, and welfare facilities to include in such programs the information on the gender perspective on women with disabilities and the prevention of sexual assault against them. It has also established specialized domestic violence and sexual assault counseling centers and protection facilities for women with disabilities to support the victims of such violence.” However, since there are no education contents of education of sexual assault prevention for persons with disabilities, it is difficult to regard it as such an education. Moreover, while there were absolutely little counseling centers for women with disabilities, specialized in violence and sexual assault and facilities for the protection of domestic violence and victimization of sexual assault, the government reported that they were protected through these facilities.
12. As of 2013, the government does not have any detailed plan for the education of sexual assault prevention for persons with disabilities. Sexual rights education for children with disabilities is carried out in 12 cities and provinces, but there is no education carried out for adult with disabilities. Most of sex education for institutionalized persons are carried out one-off, and they are conducted with group education method and one-sided lecture format, so it is difficult to expect educational results. There is only one counseling center installed and operated for women with disabilities, specialized in domestic violence and sexual assault nationwide, leaving most of the disabled female victims of domestic violence unable to access the proper treatment.
13. The government should prepare a detailed plan for education of sexual assault prevention for persons with disabilities and expand sex education programs for adults with disabilities. In addition, it is necessary to operate small-sized long-term education programs for women with intellectual disabilities or those with other disabilities, who came out of institutions. More than one specialized counseling agency and a protection facility (shelter) for the victims of sexual assault or domestic violence should be installed and operated by each of 17 local governments (provinces and metropolises).

Issue 5: Article 7 Children with Disabilities
14. The Korean government reported on the implementation status of Article 7, “The Act prohibits excluding children with disabilities from compulsory education and depriving them of opportunities to receive education, training, health care services, rehabilitation services, employment preparation, and recreations. The Act also gives them protection against unfavorable treatment such as abandonment, abuse, extortion, confinement and battering, and forced placement in facilities or coercion to receive unreasonable rehabilitation treatment.” However, in spite of the provisions of the Anti-Discrimination against and Remedies for Persons with Disabilities Act, there are children with disabilities excluded from compulsory education, some do not receive various services by their communities, and some receive unfair treatment or are forced to live in an institution. The state report did not report these cases of abuse of human rights.
15. Now, over 30% of the entire children with disabilities are not sent to school even after reaching an age of compulsory education because of their parents’ needs and enter school one or two years later than their peers do. This is a measure considering only parental needs rather than the children’s right of education, which violates the Principles of the Convention on the Rights of Child. In addition, according to the Act on Special Education for Persons with Disabilities, children with disabilities are selected as the subjects of compulsory education from three years of age and guaranteed the provision of special education, but only 30% of the children with disabilities in early childhood are selected as the subjects of special education. Moreover, over 90% of the entire children with disabilities want to receive various services in their communities, but no adequate service systems have been prepared, which blocks them from using such services. A human rights protection system for children with disabilities has not been constructed, so even if abuse of human rights occurred, no immediate action is taken, and a secondary damage takes place. Recent incidents of human rights violation that took place in Gwangju Inhwa Special School (2008) and Busan Special School for the Blind (2014) clearly show the lack of state protection system for the children with disabilities.
16. In order to solve these problems, the government should analyze harms of the attendance deferment or exemption system for children with disabilities and take proper actions. In addition, a state measure for the implementation of compulsory education for children with disabilities should be established to provide all children with disabilities with the adequate special education services, and various services on the level of communities should be provided, such as after school service, care service and leisure culture service so that children with disabilities will not any longer be neglected. It also should construct an effective response system so that abuse of human rights of children with disabilities will no longer happen.

Issue 6: Article 8 Awareness-raising
17. The Korean government reported on the implementation status of Article 7, “The government has included details regarding the human rights of persons with disabilities and the facilities accessible and useable by them in the textbooks of elementary and secondary schools.” However, since almost no elementary and middle school textbooks are found reflecting human rights of persons with disabilities, this report is misreporting (No. 14. List of Issues, CRPD).
18. Textbooks of elementary and middle school in the Republic of Korea rather deepen negative perceptions, e.g. They portrait disabilities as an object of sympathy, charity, violence, evil or sinister, instead of including contents promoting human rights of persons with disabilities. In addition, there are no political efforts to present the contents to promote awareness of persons with disabilities in the national curriculum.
19. The government should reflect the contents to promote awareness of persons with disabilities in the national curriculum, conduct a survey on how the existing textbooks deal with disabilities and prepare an alternative.

Issue 7: Article 9 Accessibility
20. The Korean government reported on the implementation status of Article 7, “The government has decided to increase the installation rate to approximately 88 percent, and also to enhance the legitimate installation rate in the Third-stage Five-year National Plan for Convenience Promotion (2010-2014). To this end, the government plans to amend the above-mentioned Act to evaluate the installation standards-compliance when public buildings, facilities, and parks are constructed. It will also amend the Framework Act on Building to require more new buildings to install convenience facilities.” However, this report is somewhat exaggerated one. As of 2013, the installation rate of convenience facilities is only 67.9%, and considering the tendency of improvements less than 5% each year, it is expected that achievement of 88% is somewhat too much.
21. Now, there are some fact-finding surveys on convenience facilities, but it is very difficult to force the plan to be implemented. Also, liabilities to install convenience facilities are imposed only on the building owners, and not on the local government. Thus, it is hard to expect the installation of convenience facilities in all the buildings with this limitation. (No. 15. List of Issues, CRPD).
22. Of these convenience facilities, the installation rate of essential facilities such as toilets and braille blocks is just about 40%. For proper installation of these essential facilities a nation-wide research is necessary. 
23. The government should provide a measure that enforces the installation of convenience facilities and establish a budget plan. In addition, it should conduct a fact-finding survey on the installation of reasonable convenience facilities and construct an ongoing monitoring system. Moreover, it should strengthen the criteria for the permission of construction and the inspection of convenience facilities.

Issue 8: Article 11 Situations of Risk and Humanitarian Emergencies
24. The Korean government reported on the implementation status of Article 11, “Neither Article 37 (Emergency Measures) nor Article 40 (Order for Evacuation) found in the current Act on the Management of Disasters and Safety contains any provision that takes persons with disabilities into consideration. Therefore, the government is seeking measures to revise the Act in order to further ensure the safety of persons with disabilities in emergency situations.” Persons with disabilities are a population that is especially vulnerable to various disasters. Nevertheless, it is a big problem that there is no system to protect their life and property in disaster situations. Instead of considering the revision of related legal provisions, the government reported that it is just “under consideration.”
25. Korea has revised the Framework Act on the Management of Disasters and Safety two times after the submission of the state report (February 2012 and August 2013), but there was no process of reflecting provisions to guarantee the security of persons with disabilities in this process. The government said that it was considering the revision of this act in the report submitted in 2012, but there has not been any discussion to guarantee their security in the process of revising this act in 2013 (No. 19. List of Issues, CRPD).
26. The government should revise the Framework Act on the Management of Disasters and Safety and provide proper measures to protect and support persons with disabilities in disasters.

Issue 9: Article 12 Equal Recognition before the Law   
27. The Korean government reported on the implementation status of Article 12, “Korea previously found that the system for protecting incompetent and quasi-incompetent persons stipulated in the Civil Act, enacted in February 1958, which safeguards minors with a lack of judgmental capacity, including persons with intellectual disabilities, had many problems such as uniformly restricting their behavioral capacity and self-determination, and placing restrictions on an individuals’ usage of the system. Therefore, the government amended the Civil Act in order to change the system in question into―The Adult Guardianship System, which will enter into effect in July 2013.” However, the Adult Guardianship System is a surrogate decision-making system that allows a guardian to make a decision as a proxy, which may infringe natural human rights, self-determination. Rather than introducing the Adult Guardianship System, a system that could help persons with disabilities make decisions themselves should have been prepared. Since the current Adult Guardianship System does not acknowledge persons with disabilities as equal persons of legal capacity, the government report is not correct. Rather, it should have blocked the possible side effects of the Adult Guardianship System and reported the efforts made to respect self-determination of persons with disabilities (No. 20. List of Issues, CRPD).
28. The Adult Guardianship System is implemented since July 2013, but it lacks qualifications of the adult guardians, training methods and a mechanism to monitor the guardians. Thus, it is necessary to prepare a concrete plan to prevent the Adult Guardianship System from misuse and an alternative support system that helps persons with disabilities to make decisions by themselves instead of relying on the Adult Guardianship System.

Issue 10: Article 14 Liberty and Security of Person   
29. The Korean government reported on the implementation status of Article 14, “The persons with mental disabilities had very high rates of involuntary admission, which restricts personal liberty, and their admission tends to be extended unnecessarily, and in some cases, they are repeatedly re-admitted soon after being discharged..…. In response, the government is planning to amend the MHA to put in place the principle of voluntary admission, and make the appropriate measures to prevent the extension of admission and re-admissions by establishing proper procedures for admission and discharge.” However, there have been continuing reports of cases in which the current hospitalization conditions were misused and physical freedom of persons with mental disabilities was infringed. The report neither showed such cases of abuse nor presented a concrete plan to solve this problem.
30. The article 24 of Mental Health Act allows involuntary hospitalization by parents or guardians. Revisions of the act in 2010 and 2011 seem to bring some improvement, but still the opinions of the person hospitalized are not considered. Involuntary hospitalization requires consent of two parties, i.e. parents or guardians. (One-party consent is enough if there is only one parent or guardian) and a psychiatrist decides whether hospitalization is needed. It is difficult to secure objectivity only with one psychiatrist’s diagnosis, and there have been many cases in which these conditions are misused as a means to confine persons with mental disabilities in family conflict situations (No. 22. List of Issues, CRPD). In 2013 the National Human Rights Commission of Korea acknowledged the infringement of human rights, such as illegal transport of emergency patients, attraction of patients connected with mental institutions, and negligent admission procedures.
31. Thus, the government should tighten the hospitalization conditions by parents or guardians. In addition, medical diagnosis should be changed to be required by two or more specialists at the different hospitals for admission and the maximum period of hospitalization also should be reduced from 6 months to less than 3 months.

Issue 11: Article 18 Liberty of Movement and Nationality
32. The Korean government’s state report did not report matters regarding a survey and support for persons with disabilities with foreign nationalities. With the revision of the Welfare of Disabled Persons Act in 2013, foreigners living in Korea through marriage, immigrants, and so on can register their disabilities, but registered persons with disabilities with foreign nationalities cannot receive disability care and supports, disability pensions, disability benefits and benefits for children with disabilities.
33. Thus, the government should understand the status of disabled persons from foreign countries staying in Korea and provide them with the same welfare services for disabled persons as those for domestic persons with disabilities.

Issue 12: Article 19 Living Independently and Being Included in the Community
34. The Korean government reported on the implementation status of Article 19, “The government has provided severely disabled persons with personal assistant services since 2007. In 2010, about 30,000 severely disabled persons used the services. The government plans to expand the recipients to 50,000 persons by carrying out a disability care and support system adding visiting nurse and nursing service to the current personal assistant services in 2011.” The government stated that it clearly recognized the increase of needs of personal assistant services and planned to expand the services, and yet, in reality, it limits the recipients of the services only to Grade 1 and 2 in the disability grading system which only reflects medical assessment.
35. According to the disability grading system, the qualifications for disability care and support services account only for 8.6% of the entire disabled populations. The government carried out procedures of disability rating reexamination under the purpose of preventing negative provision of disability care and support services and determining the actual demands in 2011, and with these procedures, many persons with disabilities lost their qualifications for benefits or receive less services than before, so they have difficulties in their daily lives. Incidents of continued deaths of severely disabled persons, such as Heo in October 2012, Kim in October 2012, Park sisters in October 2012, Park in December 2013, Oh in July 2014 and Song in April 2014 happened because they could not be provided with disability care and support services due to the strict criteria. (No. 32. List of Issues, CRPD).
36. Thus, the government should operate personal assistant services appropriate for personal characteristics and needs instead of disability grade and revise the assessment tool which heavily inclined to medical standards.
37. The government reported on the implementation status of the plan for supporting deinstitutionalized persons with disabilities in Article 19, “Since 2009, it has limited the number of people to be accommodated in a newly established institution to no more than 30 persons. It has also financially supported the establishment of 90 independent living experience homes nationwide as home-style community-based facilities for persons with disabilities housed in institutions or staying at home who want to live independently. In addition, through the Center for Independent Living of Persons with Disabilities, starting in 2011, the government plans to implement a program designed to intensively support persons with disabilities housed in institutions who are highly motivated to leave their residential institutions. Now the government lends up to 20 million won in funds per household for the independent living of registered low-income persons with disabilities. Some local governments also grant resettlement funds to persons with disabilities when they are discharged from institutions.” Although the government limits the number of residents under 30 in newly built residential institutions, it does not make any plan on the existing large-sized residential institutions in terms of deinstitutionalization. In addition, resettlement funds have been provided only to about 1% of persons with disabilities who wanted to get out of the institution. Accordingly, there is a limitation to promote independent living of the persons with disabilities and provide them with various opportunities in the community (No. 31. List of Issues, CRPD).
38. A considerable number of the persons with disabilities are forced to live in institutions against their intention (82.8% of the persons with disabilities, who live in the institutions), and even if they are discharged from the institutions, they have no family or assistant and usually do not have sufficient income. So eventually, most of them return to the institutions (National Human Rights Commission of Korea, 2012). As compared to the needs of independent living, there are very insufficient supplies of facilities such as independent homes where they can settle in the communities and the government does not make efforts to secure budgets for the expansion of community residential facilities.
39. The government should establish related policies so that large-sized residential institutions are changed into small-sized ones and provide measures for supporting community lives. In addition, it is necessary to provide active support for the persons with disabilities who would like to move from large-sized residential institutions to small-sized ones or to community (providing a rental house, providing resettlement funds etc.).

Issue 13: Article 20 Personal Mobility
40. The Korean government reported on the implementation status of Article 20, “The government granted a total of 151 billion won to bus operators from 2004 to 2010 to introduce 3,199 low-floor buses, 11 percent of the total number of intra-city buses in the country.”. The government already planned to increase the rate of low-floor buses to 31.5% of all city buses by 2011 in the initial plan (2007-2011), but it turned out that the rate of the introduction of low-floor buses accounted only for 12.0%. Thus, the government did not achieve the goal of the introduction of low-floor buses, but the report did not reflect the reality.
41. The government announced the second Mobility Improvement for the Transportation Disadvantaged Plan in March 2012. According to this plan, it would increase the rate of the introduction of low-floor buses to 41.5% by 2016. This rate of introduction violates the legal provision specified as over 50% in the Act on Promotion of Convenience and Safety for the Transportation Disadvantaged. In addition, to achieve this plan, at least over 10,000 low-floor buses should be secured, but considering the achievements of the past five years, the chance that the government abide by the plan is practically low.
42. In addition to the introduction of low-floor buses, various measures for securing personal mobility should be provided. For special transportation, the achievement rate is only 45.6% (The Human Rights Forum of Persons with Disabilities in Korea, 2012), and it is reported that there are many cases in which convenience facilities for mobility are not secured or fall short of the standards in transport units and passenger facilities.
43. The government should increase the rate of low-floor buses to over 50 and prepare budgets necessary for the expansion of low-floor buses. In the meantime, low-floor buses should be applied to express buses, local buses and shuttle buses not limiting them to city buses. In addition, special transport units should be expanded in accordance with the legislation, and convenience facilities for mobility should be furnished in the transport units and passenger facilities.

Issue 14: Article 21 Freedom of Expression
44. The Korean government reported on the implementation status of Article 21, “The government has pursued the Project for Establishment of Korean Standard Sign Language since 2000 through the National Institution of the Korean Language, an affiliation with the Ministry of Culture, Sports, and Tourism, and the Korea Association of the Deaf. The project is publishing a sign language dictionary covering everyday conversation and a variety of legal, religious, and other specialized terminology as well as a grammar dictionary for sign language.” The government considers a mid- to long-term policies on sign language, but does not take action for legislation of sign language (No. 34. List of Issues, CRPD).
45. The rate of persons with a severe hearing loss (over 80dB) accounts for 40% of the entire persons with hearing disabilities. Since they are very likely to prefer communications using vision to audio, they are very likely to choose the sign language in education or daily life. However, special schools for the deaf do not teach sign language in an early education. The national curriculum also carries out an oral-centered education, and sign language education is only carried out in a higher grade in elementary school. Only 1.7% of hearing disability students integrated in a general school learn sign language (Solidarity Against Disability Discrimination, 2013). Most deaf people encounter or learn sign language in the process of communicating with friends, seniors or juniors not at home and school. In addition, only 24 out of 391 special education teachers for hearing disability students have a sign language interpreter license (6.1% of the entire teachers), and three out of 15 special schools for the deaf do not have any teachers with a sign language interpreter license.
46. Since there are not sufficient systems for the interpretation of sign language as well as sign language education, people with hearing disabilities have limitations in various social lives, such as daily life, school life and work life due to the difficulties of communications.
47. The government should grant sign language a status as a language, construct a support system for sign language interpretation and sign language education, and make efforts to enact sign language-related laws reflecting these matters.

Issue 15: Article 24 Education
48. The Korean government did not report the status of surveys and supports for teachers with disabilities in the implementation status of Article 24. As a result of the data on the status of the employment of teachers with disabilities for the past three years, a total of 1,628 teachers with disabilities were recruited and 540 persons with disabilities passed: Only 33.2% of the total personnel were employed. Since the number of successful applicants as compared to the volume of recruitment was small, the lack of personnel was replaced by alternative general teachers (1,069 persons). In addition, there are no state-level standards for the process after the employment for teachers with disabilities. Thus, teachers with disabilities suffer from great discrimination in job placement and promotion. The rate of the employment of teachers with disabilities in education offices in 16 cities and provinces in 2011 was 1.2% on average. For the past three years, the rate of the employment of teachers with disabilities was 0.9% in 2009, 1.0% in 2010 and 1.2% in 2011, which has not changed much. Rejection of teacher recruitment repeatedly occurs mainly around persons with cerebral palsy. Persons with acquired disabilities or new teachers with disabilities do not receive the reasonable accommodations specified in the Disability Discrimination Act in their workplace. Most of teacher employment committees take non-disclosure as a norm, so it becomes rather a means to discriminate persons with disabilities to become teachers.
49. The government should establish a state-level, mid- to long-term plan to support the selection of teachers with disabilities and provide reasonable accommodations so that they can work in the education field stably.

Issue 16: Article 27 Work and Employment
50. The Korean government reported on the implementation status of Article 27, “The Korean government forbids discrimination based on disabilities in the field of employment under several statutes. In particular, the ARPDA forbids employers from discriminating against persons with disabilities when it comes to recruitment, hiring, wages, and employee benefits, as well as training, placement, promotion, transfer, retirement, resignation, and dismissal.” However, this report did not concretely report the realities of the employment of persons with disabilities and the discrimination in the employment field.
51. To sum up the realities of the employment of persons with disabilities, they could not earn enough income through employment, the rate of non-regular workers is high, and jobs are mostly simple labors for low wages. The average monthly income of the entire persons with disabilities is 812,000 won: Labor income through labor and employment is 348,000 won and business income is only 142,000 won (Institute for Health and Social Affairs, 2011). Regarding the proportion of regular and non-regular workers between the disabled population and the total population, 36.8% of persons with disabilities are regular workers and 63.2% are non-regular ones while 66.9% of the entire population are regular workers and 33.1% are non-regular ones (Korea Employment Agency for the Disabled, 2012). Also, in the component ratio of employees by job, professionals and related employees account for 8.0% of persons with disabilities and 18.9% of non-disabled people; clerks account for 8.3% of those with disabilities and 15.3% of non-disabled people; and simple laborers account for 27.0% of those with disabilities and 14.1% of the non-disabled (Korea Employment Agency for the Disabled, 2012) (No. 45. List of Issues, CRPD).
52. Employment of the disabled is made more around the mildly disabled rather than the severely disabled and more men than women. In all indicators, such as the economic activity participation rate (severely: 20.2%, mildly: 47.8%), unemployment rate (severe: 11.8%, mild: 5.4%) and employment rate (severe: 17.8%, mild: 45.2%), persons with severe disabilities are at a poorer level than those with mild disabilities are. Also, for sex, employment rate of women with disabilities (15.6%) is noticeably lower than that of men with disabilities (84.4%) (Korea Employment Agency for the Disabled, 2012).
53. 20 years have passed since the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act was passed. A lot of policies on the revitalization of the employment of the disabled have been executed, and an act on the prohibition of disability discrimination in the employment field was also enacted. However, the level of the employment of persons with disabilities has not changed much from that of 20 years ago. This is because the government does not approach the employment issues of persons with disabilities as that of the mainstream group and does not have any mid- to long-term vision for the employment of the disabled. Therefore, the government should understand the realities of the employment of persons with disabilities and the concrete status of disability discrimination in the employment field and establish fundamental measures to solve discrimination in the employment of persons with disabilities.

Issue 17: Article 28 Adequate Standard of Living and Social Protection
54. The Korean government reported on the implementation status of Article 28, “Based on the DPA, the government has introduced the Disability Pensions System, which supports a monthly sum of 90,000–150,000 won for low-income earners with severe disabilities aged 18 or over, in compensation for the loss of income and additional costs caused by their disabilities.” The present disability pensions in Korea consist of the basic pay on the level of making up for income, according to the loss and a significant reduction of working capacity and additional compensation to make up for additional costs caused by their disabilities, but the recipients of the additional compensation are limited based on their incomes, so persons with disabilities having a certain income do not receive it. Only the lowest earning 56 percent of the severely disabled population are eligible to benefit from the Disability Pensions System, which is somewhat narrow in scope in comparison to the basic senior pensions supporting the lowest earning 70%. Critics have pointed out that the payment sums (approximately 5–8 percent of the average income of disabled households) are limited in compensating for the additional living costs incurred by disabilities (210,000 won). This is a system to secure income on a limited level, so only this system cannot maintain an adequate standard of living of persons with disabilities (No. 46. List of Issues, CRPD).
55. By Welfare Support in the Basic Livelihood Security System according to the National Basic Living Security Act, which could be another measure to guarantee an adequate standard of living of persons with disabilities, those who have income and property below a certain level can be financially supported. However, if they have a family member (usually parents) who owns certain property or has income, they are excluded from the recipients. Due to this care obligation system, many persons with disabilities are dropped out of the recipients even if they have no income. In 2011, a middle-aged father who worked as a day laborer killed himself in Seoul. He left a note, saying “if I die, there will be no family member who should support my disabled child and so he will be benefited.” The government expressed a plan of the abolishment of the care obligation system, but the promise is still not kept.
56. The government should expand the beneficiary of the Disability Pensions System and increase the amount of money provided. In addition, the care obligation system should be abolished in the National Basic Living Security scheme.

ENDNOTE

KDF presented 17 issues in the parallel report, since the Korean government did not properly address the issues in the state report. KDF asks the Korean government to reflect the status of human rights of persons with disabilities in Korea more concretely and accurately in the report.
In addition, the KDF is very much concerned with a process of preparing the state report since neither persons with disabilities nor representatives of disability organizations could not participate in the process. The Korean government did not follow Clause 4, Article 35 of the UNCRPD and apparently did not see disability organizations as partners of collaboration to improve the human rights of persons with disabilities. The Korean government should guarantee the participation of persons with disabilities and disability NGOs in the process of planning the state report.


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