Seoulite with disability wins suit against city over access to taxi service

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Seoulite with disability wins suit against city over access to taxi service

A Seoul taxi for people with disabilities [YONHAP]

A Seoul taxi for people with disabilities [YONHAP]

 
The Supreme Court has finalized a ruling ordering the Seoul city government to pay 3 million won ($2,100) in damages to a disabled man after denying him access to a call taxi service for people with disabilities on the grounds that his impairment was "not severe enough."
 
The court on Tuesday confirmed a previous appellate ruling in favor of Hwang Deok-hyeon, who filed a discrimination complaint against the Seoul Metropolitan Government and the Seoul Facilities Corporation. The ruling requires the two parties to jointly approve Hwang’s use of the service and pay him damages.
 

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The court stated that the appellate court “did not misapply the law,” and added, “Public transportation options such as buses and subways can cause jarring motions, sudden starts and stops that may […] pose a serious risk of injury to disabled passengers.”
 
“Seoul should have exercised greater caution when handling Hwang’s application for special transport services.”
 
Hwang, who suffers from cervical myelopathy, has been registered as a person with a significant disability since 1994 under the Act on Welfare of Persons with Disabilities. Cervical myelopathy affects spinal nerves in the neck, often resulting in weakened grip and an unsteady gait. A 2021 evaluation confirmed that the classification should apply to Hwang.
 
Despite this, in November 2020, the Seoul Facilities Corporation rejected Hwang’s application to use the city-run call taxi service, citing Article 6 of the enforcement ordinance of the Act on Promotion of Transportation Convenience of Mobility Disadvantaged Persons. The ordinance limits eligibility to people with “significant impairments in both legs,” which officials claimed did not apply to Hwang.
 
The plaintiff repeatedly petitioned the Seoul Metropolitan Government to permit access, but his requests were also denied for the same reason. He submitted proof that he had used similar services in Daejeon, Busan and Jeju without issue, but the city did not change its stance.
 
In November 2022, a lower court acknowledged that the corporation’s rejection was unlawful but dismissed Hwang’s claim, citing the need to “efficiently manage limited resources.” The court ruled that narrowing eligibility criteria did not constitute unjustifiable discrimination.
 
However, in December 2023, the appellate court reversed that decision, ruling in favor of Hwang for the first time. The court emphasized that “any person with a severe disability who finds it difficult to use buses or subways may be unable to travel without access to special transport services,” and cautioned against excessively narrowing eligibility in a way that excludes those in need.
 
The court also pointed out that “the Health and Welfare Ministry’s guidelines for evaluating disability do not distinguish between ‘significant’ and ‘nonsignificant’ mobility limitations,” and there is no legal basis for such a distinction.
 
In awarding damages, the court considered the fact that Hwang has been unable to use the call taxi service in Seoul for over three years, which likely caused him significant inconvenience as a resident of the city.


This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY KIM JUN-YOUNG [[email protected]]
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