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Recommendation on Discriminatory Accident against the Persons with Disability in the Issuance of Driver's License [2003] KRNHRC 43 (30 June 2003)

The complainants, who were physically handicapped, disabled due to brain
disease, and spastic disabled, filed a petition with the National Police Agency,
requesting that the current law relating to measurement of the capacity for
locomotion for the disabled at the driver's license test facility. The petition
states that the law is overly stringent and prevents persons with disabilities from
acquiring driver's licenses as such provisions do not adequately consider the
characteristics of individual physical handicaps. The complainants (five persons
with different disabilities), filed five complaints with the same contents.
After investigating all five complaints collectively, the Commission found that
the current law is discriminatory, violating the rights of equality guaranteed by
Article 11 of the Constitution, because the current law stipulates the scope and
standards for qualification for driver's licenses according to the physical
condition of persons with disability is too stringent. The current law requires
uniform standards for capacity for locomotion without considering the
possibility of assistance with supplementary driving devices.

The Commission found that Attached Table 13 3 on `Scope, requirements,
and standards for physical condition' of the `Enforcement Regulations of Road
Transportation' and Attached Table 13 5 of the same law on `Standards for
Eligibility for Manipulation of a Wheel' included in the `Standards for
Measurement Devices for the Judgment of the Capacity for Locomotion' were
discriminatory, in violation of the right of equality of the complainants.
Accordingly, on June 30, 2003, the Commission recommended revision of the
above said law, and the respondent accepted the recommendation issued by the
Commission.