Supreme Court Rules Against Discrimination in Taxi Services for Individuals with Developmental Disabilities

The Supreme Court of South Korea has confirmed that restricting individuals with developmental disabilities from sitting in the front passenger seat of disabled taxis constitutes unfair discrimination. On June 13, the Supreme Court's Special Third Division, led by Justice Roh Kyung-pil, upheld the lower court's ruling that favored the plaintiff in a lawsuit filed by the Seoul Facilities Corporation against the National Human Rights Commission of Korea (NHRCK).

In 2019, an individual with autism, referred to as A, was denied access to the front seat of a disabled taxi operated by the Seoul Facilities Corporation. The corporation argued that allowing individuals with developmental disabilities to sit in the front could lead to unexpected behaviors that might pose a risk during transit.

In response, the Coalition for the Promotion of the Rights of Persons with Disabilities filed a complaint with the NHRCK, asserting that the refusal to allow A to sit in the front seat infringed upon their right to self-determination. The NHRCK agreed, stating that the refusal was a violation of the self-determination rights of individuals with developmental disabilities and recommended improvements to the corporation. However, the corporation contested this recommendation and initiated an administrative lawsuit.

The first trial ruled in favor of the corporation, canceling the NHRCK's recommendation. However, the second trial overturned this decision, affirming the legality of the NHRCK's recommendation. The second trial court stated that it cannot be assumed that all individuals with developmental disabilities will exhibit challenging behaviors that could interfere with driving or increase the risk of accidents, and thus, a blanket prohibition on front seat access is not justified. The corporation's appeal was ultimately rejected by the Supreme Court, which upheld the second trial's ruling.