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Court backs care facility in dispute over resident’s relocation

Published: 16 Jun. 2025, 10:39

The Seoul Administrative Court in Seocho District, southern Seoul [YONHAP]

A Seoul court sided with a care facility for the disabled, overturning disciplinary measures imposed by the country’s human rights watchdog after the facility removed a patient with apparent difficulty in verbal communication.

The Seoul Administrative Court ruled in favor of a social welfare foundation in a lawsuit seeking to overturn a recommendation by the National Human Rights Commission of Korea (Nhrck) to prepare preventive measures after the institution relocated a disabled person in 2021.

The foundation had been running a residential care facility for people with disabilities in Seoul.

In line with Seoul City's broader deinstitutionalization policy for persons with disabilities that launched in 2013, the foundation began closing its institutional facilities in 2014 and transitioning residents to independent living arrangements in local communities.

Deinstitutionalization refers to the process and policy of helping people with disabilities move out of large-scale facilities and supporting them to live independently in community settings.

In March 2021, the foundation arranged for a resident who has multiple severe disabilities — cerebral palsy, intellectual, physical and combined impairments — to move from the facility into supported housing.

The Nhrck launched an investigation and concluded that the foundation's way of relocating the resident violated their right to self-determination and freedom of residence.

The commission argued that the foundation had failed to sufficiently verify the disabled person’s intention to leave the facility.

“Considering the severity of the [resident's] disabilities, the foundation removed them without properly confirming their will to leave, infringing on their freedom and autonomy,” it said.

The Nhrck also said that the foundation provided no records detailing the procedure used to confirm the resident’s intent and consequently issued a recommendation urging the foundation to establish measures to prevent a recurrence. In response, the foundation filed a lawsuit arguing that the commission's decision was unjust.

The court disagreed with the Nhrck. It acknowledged that the resident faced serious difficulties with verbal communication but emphasized that “communication,” as defined under the UN Convention on the Rights of Persons with Disabilities, includes alternative means such as written language, gestures, sign language and assistive technologies.

According to multiple social workers who had cared for the resident, they clearly expressed their preferences through behavior.

“The resident couldn’t express themself well through words,” one social worker said, “but they made it clear what they liked or disliked through actions.”

Based on the workers' testimony and written statements, the court accepted that the resident was capable of expressing their intentions through alternative communication methods.

The court also noted the resident had attended a briefing session hosted by the foundation about the relocation plan. Staff reportedly monitored the resident closely for signs of discomfort or dissent after the move.

“Given the [resident's] longstanding relationship with the foundation’s staff and their continued efforts to observe and respond to the [resident's] reactions,” the court found it unreasonable to conclude that the resident had been unable to express their will about leaving.

The court further highlighted that the foundation had ensured proper welfare support and resources for the resident after their relocation.

“There is no evidence to suggest that their rights were violated,” the ruling stated.

“In fact, the resident’s ability to communicate and engage in activities improved following the move, and they have reported being satisfied with their current life, according to observations by caseworkers."

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY KIM JUN-YOUNG [[email protected]]