민사소송에서 장애인의 사법접근권 보호 = Access to justice for persons with disabilities in civil litigation

다국어 초록 (Multilingual Abstract)

This study aims to analyze recent changes and limitations in the Korean judiciary regarding the protection of access to justice for persons with disabilities and to propose future improvements. In recent years, the Supreme Court has issued a series of rulings recognizing the rights of persons with disabilities under the Anti-Discrimination and Remedies for Persons with Disabilities Act. Additionally, the judiciary has introduced various measures to strengthen judicial support for persons with disabilities, such as the establishment of new court regulations, the adoption of a next-generation electronic litigation system certified for accessibility, and the operation of court interpretation centers. Nevertheless, the reality remains that persons with disabilities continue to face significant barriers to accessing justice as litigants. The remarkably low number of lawsuits filed under the Anti-Discrimination Act and the ongoing concerns raised by the UN Committee on the Rights of Persons with Disabilities highlight the limitations of the current system.
This study examines (1) the legal basis of access to justice for persons with disabilities, (2) the need for judicial support based on disability type, and (3) the factors that restrict access to justice for persons with disabilities. It then (4) analyzes the contents of court guidelines, compares them with international standards, and (5) proposes legislative and institutional improvements. The findings indicate that the court guidelines are more focused on criminal proceedings than civil litigation and lack legal binding force, limiting their effectiveness. Furthermore, the existing guardianship system and legal capacity doctrine, which are designed to protect rather than recognize the abilities of persons with disabilities, serve as major obstacles to the realization of their legal rights.
To ensure meaningful access to justice for persons with disabilities, it is necessary to supplement the court guidelines and establish legally binding procedural regulations. Additionally, expanding augmentative and alternative communication (AAC) and interpretation services to facilitate communication between persons with disabilities and their legal representatives, as well as reforming the guardianship system to better acknowledge their legal capacities, are essential. This study emphasizes that such improvements are crucial for guaranteeing the substantive access to justice for persons with disabilities and aims to provide a foundation for future legislative and institutional developments.