This research is to explore who have the final responsibility when discrimination occurs due to infra
structure of the Residential Care Facility(hereafter “facility') or the way of subsidization from government.
To do this, the transition of intervention by local authority through legal changes in Social Service Act and
Social Welfare Act for Disabled People were reviewed. In addition, the legal relationship among 'local
authority, facility and candidates to be service-user of the facility' was also discussed.
The facility cannot be located at the similar level with the local authority due to one-sided control over
the facility and uniformed subsidization, therefore, the action by the local authority to make the facility
accept the candidate is a kind of 'hierarchial order' rather than contract between the two. The
administrative practice for the candidate also does not seem to be endowment of 'right' to utilize the
facility according to his/her needs because of the absence of related legal procedure. In addition, the
relationship between the candidate and the facility is also not legally described yet.
As the result, this article argues that final responsibility should be on the local authority for the
discrimination happened through uniformed way of subsidization and unilateral action.