An HIV-positive individual lost an administrative lawsuit challenging the denial of disability registration. The court ruled that the mere fact of HIV infection does not qualify as a disability, citing insufficient evidence to meet current legal criteria for disability.
On October 28, Judge Seong Gyeong-hee of the Daegu District Court ruled against the plaintiff, identified as A, in a case against a local government official in Daegu regarding the refusal to register as disabled.
Judge Seong stated, "The recognition or registration of a disability by the state or local governments is primarily a legislative policy issue within budgetary constraints," adding that the current Disability Welfare Act does not determine disability status solely based on a specific diagnosis.
She further explained that considering A's average CD4 count, a measure of immune function, it is difficult to classify the immune impairment from HIV as severe. The court also found insufficient evidence to support claims of mental disability due to depression, respiratory issues from tuberculosis, or joint disorders meeting legal disability criteria.
Judge Seong concluded that the case did not warrant referral to the Disability Assessment Committee, thus finding no procedural violations in the denial of registration and dismissing A's claims.
A had initially applied for disability registration in October 2023, but the application was rejected due to incomplete documentation. Subsequently, the court ruled in November 2024 that the denial issued by an unauthorized official was invalid, favoring A.
After reapplying in April, A faced another rejection for similar reasons and filed a new lawsuit. During the proceedings, A's legal team argued that the lack of established criteria for disability assessments constituted a failure by the administrative agency to conduct a proper review.
The National Coalition for HIV Disability Recognition expressed its intention to appeal the ruling, stating, "Administrative agencies must thoroughly investigate the actual physical and mental conditions of disability applicants and conduct substantive reviews. The administration did not even conduct a review, and the court has granted it a free pass." The group also called on the Ministry of Health and Welfare to establish criteria and procedures for assessing the disability status of HIV-positive individuals and urged the National Assembly to pursue related legislation.
* This article has been translated by AI.
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