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Law in Global
people with disabilities, have the right to feel safe and
notexperienceinconveniencewhenusingtransportation,
TheActonPromotionofTheTransportation
justlikenon-disabledmembersofthegeneralpublic.
ConvenienceofMobilityDisadvantaged
Persons
SADD has been
¨ÏNEWS1
demonstrating
on the subway in
¡°Conflict¡±betweentheNon-DisabledGeneral
Seoul, including
PublicandSADD:theTearsoftheDisabled
Line5ofYeouido
WillNotDry
and Gongdeok
Station, and Line
As the train delays occur, the conflict between the
4 of Hyehwa
general public and SADD is growing. Moreover, as the
¡ãPoliceofficersblocktheprotestsinSADD.
and Hansung
story of a citizen who could not close the eyes of his
University Station. In the process, problems such
grandmotherduetothesubwayprotestswashighlighted
as train delays have occurred, and the Seoul Metro
on YouTube and various media, criticism and ridicule
blocked the elevator to prevent protests and even filed
about SADD are growing stronger. On Feb. 16, SADD
criminalchargesandcivillawsuits.Somepeoplemaybe
said, ¡°The day before, an unidentified man in his 20s
wondering, ¡°Why are SADD protesting in the subway
came to the office in Daehak-ro, Jongno Ward, Seoul
rather than the National Assembly or the Blue House?¡±
andthreatenedtosetitonfire.¡±Theyalsosaid,¡°Weare
However, looking at the reality, SADD had always
concernedaboutthepublicopinionagainstthedisabled,
gone there. Nevertheless, in the unchanging reality,
such as ¡®Don¡¯t make citizens be inconvenienced¡¯ and
they had no choice but to head directly to the street.
¡®Let¡¯sstopthesubwayprotests¡¯.¡±
Seong Ga-yeon, an activist of SADD, said, ¡°People
Why does SADD not stop their protests despite the
face the disabled who struggle on the subway and
arrowsofcriticism?Thisisbecausetherightofmobility
becomeconsciousoftheproblem.Ithinkthisisagreat
is the basis of all rights. The right of mobility refers to
achievementofourdemonstration.¡±
the right of all Korean citizens to enjoy free and safe
Thebeginningoftheirstrugglegoesbackto2001.On
movement. According to the ¡°Meaning and Tasks of
Jan. 22, 2001, a married couple fell from a wheelchair
the Right of Mobility as a Constitutional Fundamental
lift at Oido Station in Siheung-si, Gyeonggi-do and
Right¡± published in 2017 by the National Assembly
passed away. Since then, the disabled have demanded
Research Service, this right of mobility also has the
various means of guaranteeing the right of mobility,
meaning of movement itself, but above all else, it is
such as the mandatory introduction of low floor buses,
important in that it becomes a prerequisite for realizing
installation of elevators in every subway station, and
the fundamental rights guaranteed in the constitution,
introductionofcall-taxisforthedisabled.Asaresult,the
including the right to the retention of human dignity
Act on Promotion of The Transportation Convenience
and value, pursuit of personal happiness, and the
of Mobility Disadvantaged Persons was enacted in
right to equality. In an interview with Hankyoreh,
December 2004 to expand transportation, passenger
Professor Kim Min-ah, of the Department of Social
facilities,andimprovethepedestrianenvironment.This
WelfareatSungkyunkwanUniversity,said,¡°Ifaperson
Act applies to all public transportation-related facilities
cannot move, he cannot go to the hospital, and he also
such as buses, subways, trains, aircraft, and ships. In
cannot make any money. For this reason, people with
addition, Article 3 states, ¡°In order to be guaranteed
disabilities claim that the right of mobility is the right
the right to pursue the dignity, value, and happiness as
to live. The government and politicians should have the
a human being, mobility disadvantaged persons shall
will to implement policies that prioritize the protection
have the right to use safely, conveniently, and without
of the right of mobility for the disabled.¡± As such, the
discrimination, all means of transportation, passenger
right of mobility is the basis of so many rights, and for
facilities, and roads used by persons, other than the
thisreason,SADDsaidthattheprotestswouldnotstop
mobilitydisadvantagedpersons.¡±Throughthisact,itcan
untiltherightofmobilityisfullyguaranteed.
be seen that mobility disadvantaged persons, including
31
APRIL 2022

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