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Anti-Discrimination against and Remedies for Persons with Disabilities Act

  • Public Law No. 8341 First Enacted April 10, 2007
  • CHAPTER I. GENERAL PROVISIONS

    CHAPTER 1_SUPPLEMENTARY PROVISIONS

    Article 1 (Purpose)
    1. The purpose of this Act is to realize the human dignity and worth of persons with disabilities by prohibiting disability-based discrimination in all areas of society, and effectively safeguarding the rights of individuals discriminated based on disability, thus enabling them to fully participate in society and to secure equal rights.
    Article 2 (Disability and Persons with Disabilities)
    1. ‘Disability,’ with respect to a cause of discrimination prohibited by this Act, means an impairment or loss of physical or mental functions that substantially limits an individual’s personal or social activities for an extended period.
    2. ‘Person(s) with disabilities’ means an individual or individuals with disabilities as defined in paragraph 1.
    Article 3 (Definitions)

    As used in this Act:

    1. The term “advertisement” means an indication or advertisement as defined in Articles
    2. 1 and 2.2 of the Fair Indication and Advertisement Act.
    3. The term “auxiliary aids, etc.” means auxiliary aids for persons with disabilities as defined in Article 65 of the Welfare of Persons with Disabilities Act, as well as additional devices and automobiles to assist activities of such persons. The specific scope of such additional devices and automobiles shall be determined by a presidential decree; provided, however, that such determination shall take into consideration related statutory provisions as follows: workplace technical auxiliary devices as defined in Article 19.2 of the Employment Promotion and Occupational Rehabilitation of Persons with Disabilities Act; telecommunication devices as defined in Article 9 of the Elimination of Inequality in Information Act; and other matters defined in applicable statutes and relevant provisions of this Act.
    4. The term “public entity” means the national or any local government and such other public institution as defined in the presidential decree.
    5. The term “employer” means an employer as defined in Article 2.1, paragraph 2, of the Labor Standards Act, an operations manager, or a person acting on behalf of an employer on matters involving employees.
    6. The term “educational institutions” means: daycare facilities under the Infant Care Act; schools under the Early Childhood Education Act, the Elementary and Secondary Education Act, and the Higher Education Act; continuing educational facilities under the Lifelong Education Act; learning and training institutions as evaluated and approved by the Minister of Education and Human Resources Development under the Course Credit Recognition Act; vocational learning and training institutions under the Vocational Education and Training Promotion Act; and such other institutions as defined in the presidential decree.
    7. The term “educational officer” means a director or an operating officer of an educational institution.
    8. The term “information” is classified as follows:
      1. The term “electronic information” means information as defined in Article 2.1 of the Framework Act on Informatization Promotion. As such, “natural and legal persons” are deemed to include any public entity as defined in this Act.
      2. The term “non-electronic information” means any information other than what is defined in Article 2.1 of the Framework Act on Informatization Promotion, including any and all data and knowledge processed in verbal and non-verbal means, including voice, writing, sign language, Braille, body gestures and signs, irrespective of whether the entity in charge of its production, procurement, processing and possession is a natural or juristic person or a public entity.
      3. The term “private information” means private information as defined in Article 2.3 of the Act on Protection of Personal Information Maintained by Public Agencies.
    9. The term “telecommunication” means telecommunication under Article 2.3 of the Basic Law of Informatization Promotion, irrespective of whether the entity concerned is a natural or juristic person or a public entity.
    10. The term “cultural and artistic activities” means activities with respect to literature, art (including applied art), music, dance, theater, film, traditional music, photography, architecture, language and publication as defined in Article 2.1, paragraph 1, of the Culture and Arts Promotion Act.
    11. The term “cultural and artistic entrepreneur” means a person engaged in any and all acts in fields having cultural or artistic elements, including planning, development, production, creation, exhibition, distribution and marketing.
    12. The term “physical exercise” means any and all physical activities that are deemed to be sports, including physical exercise and physical education as defined in Article 2 of the National Sports Promotion Act, play, games, sports, leisure and recreation.
    13. The term “home and family” means home and family as defined in Articles 3.1 and 3.2 of the Basic Law of Health and Family.
    14. The term “welfare facilities, etc.” means facilities that accommodate persons with disabilities on a short- and long-term basis, including social welfare facilities as defined in Article 34 of the Social Welfare Services Act, welfare facilities for persons with disabilities as defined in Article 58 of the Welfare of Persons with Disabilities Act, and unregistered facilities accommodating one or more persons with disabilities.
    15. The term “building” means a building, a living room, and other major section as defined in Article 2.1, paragraphs 2, 5 and 6, of the Building Act.
    16. The term “instruments of mobility and transportation, etc.” means streets and walkway used by people on a daily basis, as well as transportation means and public accommodation facilities, as defined in Articles 2.2 and 2.3 of the Promotion of Better Mobility for the Transportation-Challenged.
    17. The term “right to health” means health education, the prevention and treatment of any disease or secondary disabilities caused by existing disabilities, nutritional improvement, and the right to a healthy life through the creation of desirable environment for the implementation of healthy living.
    18. The term “healthcare providers, etc.” means any and all persons engaged in healthcare for persons of disabilities, including medical persons as defined in Article 2.1 of the Medical Service Act, physical therapists, occupational therapists, speech therapists, counselors, and technicians for artificial limbs or auxiliary aids, who have obtained a license or permit as required by the government and relevant associations.
    19. The term “healthcare institutions, etc.” means medical institutions as defined in Article 3 of the Medical Service Act, public health institutions where healthcare providers offer services for the health of persons with disabilities, treatment institutions, pharmacies, and other institutions as defined in pertinent statutes.
    20. The term “harassment, etc.” means physical, mental, emotional and verbal acts committed against persons with disabilities in the form of organized exclusion, neglect, abandonment, aggravation, harassment, abuse, monetary extortion, and violation of sexual self-determination.
    Article 4 (Discriminatory Acts)
    1. A Discriminatory act that is prohibited under this Act means any of the following:

      1 and 2.2 of the Fair Indication and Advertisement Act.

      1. Treating persons with disabilities unfavorably through restriction, exclusion, segregation or denial based on disability without legitimate grounds;
      2. Applying disability-blind standards that cause persons with disabilities to be unfairly treated without legitimate grounds despite the absence of any unfavorable treatment, such as restriction, exclusion, segregation or denial;
      3. Refusing to provide legitimate accommodation to persons with disabilities without legitimate grounds;
      4. Directly placing, permitting or promoting any advertisement that indicates or encourages the unfavorable treatment of persons with disabilities, such as restriction, exclusion, segregation or denial without legitimate grounds. As such, an ‘advertisement’ includes any act considered customarily to have an effect of advertising the promotion of unfair treatment;
      5. Committing any of the acts under paragraphs (i) to (iv) against individuals representing or accompanying persons with disabilities for the purpose of offering assistance (including parents or guardians of children with disabilities or other persons reasonably recognized to offer assistance to persons with disabilities) (“related persons” hereinafter). As such, any act committed by related persons against persons with disabilities is also subject to the finding of a discriminatory act as prohibited under this Act; or,
      6. CInterfering with the rightful use of a guide dog or an auxiliary aid, or committing any act prohibited under paragraph (iv) against such guide dog or auxiliary aid.
    2. “Legitimate accommodation” of Article 4(1)(iii) means any and all human and material arrangements and measures to enable persons with disabilities to participate in activities on an equal basis with persons without disability, including convenient facilities, equipment, tools and services designed to take into consideration the gender of a disabled person as well as the type, extent and nature of a disability.
    3. A Discriminatory act that is prohibited under this Act means any of the following:
      1. Refraining from any of discriminatory acts as prohibited under Article 4(1) would incur excessive burden or undue hardship; or
      2. Discriminatory acts as prohibited under Article 4(1) would be inevitable due to the nature of particular tasks or business operations. As such, the nature of such particular tasks or business operations shall be deemed to apply to services including education.
    4. Affirmative measures contemplated by this Act, or other applicable statutes, to accomplish genuine equal rights for and to eliminate discrimination against persons with disabilities shall not be deemed discrimination as defined in this Act.
    Article 5 (Finding of Discrimination)
    1. If two or more causes of discrimination exist and a disability is found to be a primary cause, such conduct shall be found discriminatory under this Act.
    2. In finding discrimination for the purpose of this Act, the gender of a disabled person as well as the type, extent and nature of his or her disability shall be fully considered.
    Article 6 (Unlawful Discrimination)
    1. No one shall discriminate against any person based on disability, past record of disability, or presumed disability.
    Article 7 (Rights of Self-Determination and Choice)
    1. Persons with disabilities have a right to make their own choices and decisions in all aspects of their lives in accordance with their determinations.
    2. Persons with disabilities have a right to be provided with services and information necessary to ensure equal rights of choice that persons without disability would have.
    Article 8 (Duties of National and Local Governments)
    1. The national and local governments shall be responsible for preventing any discrimination against persons with disabilities and providing remedies for their violated rights, and shall take affirmative measures to rectify discrimination as defined in this Act for the purpose of substantively eliminating discrimination against persons with disabilities.
    2. The national and local governments shall provide technical, administrative and financial support so that persons with disabilities shall be provided with legitimate accommodation.
    Article 9 (Relationship with Other Statutes)
    1. Provisions of the National Human Rights Commission Act shall apply to all matters that are not defined in this Act with respect to the prohibition of disability-based discrimination and remedies for rights violations
  • CHAPTER II. Unlawful Discrimination

    CHAPTER 2_Unlawful Discrimination

    Section 1: Employment

    Article 10 (Unlawful Discrimination)
    1. An employer shall not discriminate against persons with disabilities in regards to job application and hiring, wage and benefit plans, job training, placement, advancement or transfer, and retirement, resignation or layoff.
    2. Labor unions, as defined in Article 2.4 of the Trade Union and Labor Relations Mediation Act, shall not deny workers with disabilities of union membership or discriminate against their rights and activities as members.
    Article 11 (Duty to Provide Legitimate accommodation)
    1. To enable persons with disabilities to work on an equal basis with others in carrying out assigned tasks, an employer shall provide legitimate accommodation as defined in each of the following:
      1. Installing or modifying equipment or devices;
      2. Modifying or adjusting working hours to accommodate rehabilitation, function test, treatment, etc.;
      3. Offering training opportunities or accommodation for training;
      4. Modifying instruction manuals or reference materials;
      5. Improving examination or evaluation procedures; and
      6. Installing and operating auxiliary devices, such as text reading or enlarging programs, paperless Braille handsets, magnifying readers, or print-to-voice converters, and making available supporting staff, including qualified readers and sign language interpreters.
    2. An employer shall not assign persons with disabilities to different tasks against their will due to their disability without legitimate grounds.
    3. The specifics of legitimate accommodation to be provided by an employer under paragraph 1 and the workplaces covered in each implementation phase shall be set forth in the presidential decree.
    Article 12 (Prohibited Medical Examination)
    1. An employer shall not conduct a preemployment medical examination as to whether such applicant is a person with a disability but may conduct a postemployment medical examination that is required for placement or consistent with the nature of assigned tasks
    2. If a medical examination is conducted subject to conditions under paragraph 1 , all expenses incurred shall be borne by the employer in principle. How the employer pays such expenses and how the employer is to be subsidized shall be set forth in the presidential decree.
    3. An employer shall not disclose private information obtained under the condition in paragraph 1 with respect to the health conditions, disability or previous disabilities of persons with disabilities.

    Section 2: Education

    Article 13 (Unlawful Discrimination)
    1. An educational officer shall not reject the enrollment or support for enrollment of persons with disabilities or coerce them to transfer to another school. Daycare facilities as defined in the Infant Care Act and schools as defined in the Early Childhood Education Act and Elementary and Secondary Education Act shall not reject transfers of persons with disabilities to such educational institutions.
    2. The principal of the educational institutions under paragraph 1 shall comply with Article 11 of the Act on the Promotion of Education for the Handicapped.
    3. If a disabled person who is enrolled in any educational institution, or his or her guardian, requests to be provided with accommodation as set forth in any subsection of Article 14.1, an educational officer shall not deny such request without any legitimate grounds.
    4. An educational officer shall not restrict, exclude or reject the participation of persons with disabilities in any and all activities inside and outside school based on their disability, including specific lessons, experiments, field trips, educational trips, etc.
    5. An educational officer shall provide career planning education and information that is suitable to the abilities and characteristics of persons with disabilities in regard to job training, career planning and information.
    6. An educational officer and the teaching staff shall not insult or disparage persons with disabilities enrolled in educational institutions, individuals related to persons with disabilities, special education instructors, special education assistants, or individuals in charge of matters concerning persons with disabilities.
    7. If a disabled person applies for admission, an educational officer shall not require additional documents or an application form, which are not required of others, or a separate interview, physical examination or additional test targeting specifically a disabled applicant (“additional documents, etc.” hereinafter); provided, however, this provision does not apply if such requirement of additional documents is clearly intended to administer education suitable for persons with disabilities.
    8. In providing education pursuant to Article 5.1 of the Act on Promotion of Education for the Handicapped, the national and local governments shall not contravene without any legitimate grounds the number of class hours required by pertinent school curricula.
    Article 14 (Duty to Provide Legitimate Accommodation)
    1. In order to ensure that persons with disabilities currently enrolled at each educational institution shall not be disadvantaged with respect to their educational activity, an educational officer shall proactively seek out and offer each of the following:
      1. Renting and repairing transportation aids to ensure that persons with disabilities shall not be disadvantaged with respect to commuting to, as well as mobility and access within, educational institutions;
      2. Assigning teacher assistants if needed by persons with disabilities or their related persons;
      3. Renting magnifiers, hearing aids, height adjustable desks, and various alternative and supplementary communication tools, as well as assigning a guide dog or securing space for wheelchair access, to help eliminate any disadvantages for participating in learning based on disability;
      4. Providing communication tools and various disability aids necessary for educating persons with visual or hearing impairments, including sign language interpretation, voice-to-writing conversion (stenography), Braille materials, captions, large typeset materials, text reading or enlargement programs, hearing aids, paperless Braille units, and print-to-voice converters;
      5. Offering adequate teaching and evaluation methods through learning diagnosis in applying school curricula; and
      6. Addressing other matters necessary to prevent any disadvantage to the educational activity of persons with disabilities, which are set forth in the presidential decree.
    2. To carry out tasks necessary for offering the foregoing measures in paragraph 1 , an educational officer shall appoint a department or an administrator in charge of supporting students with disabilities.
    3. The scope of applicable educational institutions for each implementation phase of provisions under paragraph 1 , as well as matters necessary for the establishment, assignment, management and supervision of a department or an administrator in charge of students with disabilities under paragraph 2 , shall be set forth in the presidential decree.

    Section 3: Provision and Use of Goods and Services

    Article 15 (Unlawful Discrimination in Relation to Provision of Goods and Services)
    1. A provider of goods and services shall not provide a disabled person based on disability with goods, services, profits, benefits or amenities that would bring benefits materially unequal compared to thoses provided to others.
    2. A provider of goods and services shall not deprive persons with disabilities of an opportunity to benefit from using such goods and services.
    Article 16 (Unlawful Discrimination in Relation to Purchase, Sale and Lease of Land or Building)
    1. Without any legitimate grounds, an owner or manager of land or a building shall not restrict, segregate, exclude or reject persons with disabilities in relation to the purchase, sale, lease, occupation or use of such land or building.
    Article 17 (Unlawful Discrimination in Relation to Provision of Financial Products and Services)
    1. A provider of financial products and services shall not restrict, segregate, exclude or reject persons with disabilities without any legitimate grounds in providing various financial products and services including monetary loans, credit card issuances, and insurance purchases.
    Article 18 (Unlawful Discrimination in Relation to Facilities Access and Use)
    1. An owner or manager of facilities shall not restrict, segregate, exclude or reject a disabled person in relation to his or her access and use of facilities or emergency evacuation.
    2. An owner or manager of facilities shall not restrict, segregate, exclude or reject a disabled person from bringing in or using a guide dog or auxiliary aids within such facilities.
    3. An owner or manager of facilities shall not deny, without any legitimate grounds, the provision of legitimate accommodation in relation to his or her access and use of such facilities or the installation of relief or evacuation facilities for emergency evacuation.
    4. All necessary matters, including the scope of facilities covered in each implementation phase of paragraph 3 and the substance of legitimate accommodation, shall be set forth in the presidential decree.
    Article 19 (Unlawful Discrimination in Relation to Means of Mobility and Transportation, etc.)
    1. Transportation entrepreneurs and transportation administrative agencies as defined in Articles 2.5 and 2.6 of the Promotion of Better Mobility for the Transportation-Challenged (consistent throughout this section) shall not restrict, exclude, segregate or reject persons with disabilities from having access to and use of means of mobility and transportation.
    2. Transportation entrepreneurs and transportation administrative agencies shall not deny persons with disabilities of the ride, admittance or use of guide dogs and auxiliary aids in using means of mobility and transportation.
    3. Transportation entrepreneurs and transportation administrative agencies shall not apply a fare system disadvantageous to persons with disabilities or the related persons based on guide dogs or auxiliary aids that accompany or guide them.
    4. Transportation entrepreneurs and transportation administrative agencies shall provide legitimate accommodation necessary to allow persons with disabilities to equally use means of mobility and transportation as others would and to walk and move safely and conveniently.
    5. Transportation entrepreneurs and transportation administrative agencies shall provide legitimate accommodation necessary to allow persons with disabilities to equally use means of mobility and transportation as others would and to walk and move safely and conveniently.
    6. The national and local governments shall not restrict, exclude, segregate or reject persons with disabilities in relation to applying for, taking and passing the driver’s license examination.
    7. The national and local governments shall provide legitimate accommodation to ensure that persons with disabilities may take the driver’s license examination on an equal basis with others in each phase.
    8. All necessary matters, including the scope of applicable entities for each implementation phase of paragraphs 4 and 7 as well as the substance of legitimate accommodation, shall be set forth in the presidential decree.
    Article 20 (Unlawful Discrimination with Relation to Information Access)
    1. No individual, legal person, or public entity (“Person” throughout this article) shall commit discriminatory acts on the basis of disability, as prohibited under Articles 4.1(i) and 4.1(ii), against persons with disabilities as they use and have access to electronic and non-electronic information.
    2. No one shall compel, interfere with, or treat unfairly persons related to disabled persons that support such disabled person’s communications, including representing and accompanying persons with disabilities for the purpose of sign language interpretation, Braille conversion, Braille proofreading, reading, dictation or direction.
    Article 21 (Duty to Provide Legitimate Accommodation in Relation to Telecommunication and Communication)
    1. Doers under Articles 3.4, 3.6, 3.7, 3.8(i) (latter parts), 3.8(ii), 3.11, 3.18 and 3.19, doers related to provisions of Articles 3.12 and 3.14 through 3.16, employers as defined in Article 10.1, persons involved with labor unions as defined in Article 10.2 (including the institutions such persons belong to; referred to as “Doers, etc.”) shall provide necessary means, including sign language and writing, so that persons with disabilities may access and use electronic and non-electronic information produced and distributed by such doers on an equal basis with others. In this case, a natural person as referred to in Article 3.8(i) (latter parts) and 3.8(ii) shall not be included in the doers.
    2. In hosting or operating an event, public and other institutions shall provide support necessary for the participation and communication of persons with disabilities, including sign language interpreters, text or vocal interpreter, and hearing aids.
    3. Broadcasting entrepreneurs that broadcast contents pursuant to the Broadcasting Act shall provide telecommunication dispatch services, including captions, sign language, Braille and Braille conversion, hearing aids, large typesets, programs to read, interpret or enlarge texts, print-to-voice converters, voice services, and telephone so that persons with disabilities may access and use the contents or services on an equal basis with others.
    4. Provisions of the Civil Code shall apply to matters involving persons designated to give consent in relation to the collection, use and offering of personal information of certain persons with disabilities, such as disabled children or those with mental disability whose personal consent is difficult to obtain.
    Article 22 (Protection of Private Information)
    1. Private information of persons with disabilities shall be obtained only with personal consent, and shall be protected from any unauthorized access, misuse or abuse.
    2. Provisions of the pertinent statutes, including the Act on the Protection of Personal Information Maintained by Public Agencies and the Act on Promotion of Information and Communications Network Utilization and Information Protection, shall apply to the implementation of paragraph 1 .
    3. Provisions of the Civil Code shall apply to matters involving persons designated to give consent in relation to the collection, use and offering of personal information of certain persons with disabilities, such as disabled children or those with mental disability whose personal consent is difficult to obtain.
    Article 23 (Duty of the National and Local Governments in Relation to Information and Communication Access)
    1. The national and local governments shall seek out necessary support, including the development and distribution of tools to help access to and use of information network and telecommunication devices that recognize the characteristics of persons with disabilities.
    2. Telecommunication manufacturers shall strive to design, manufacture and process telecommunication devices such that persons with disabilities can equally access and use the devices as others.
    3. The national and local governments shall pursue necessary measures to ensure that persons with disabilities can learn sign language, lip-reading, Braille and large typesets according to the type, extent and characteristics of disability, and be provided with learning support services utilizing as such. Providers of the foregoing services shall not impose certain modes of communication against the will of a disabled person that fail to consider the characteristics of such disabled person.
    Article 24 (Unlawful Discrimination in Relation to Cultural and Artistic Activities)
    1. The national and local governments as well as cultural and artistic entrepreneurs shall not force persons with disabilities to take certain acts against their will nor commit acts as defined in Articles 4.1(i), 4.1(ii) and 4.4 with respect to their participation in cultural and artistic activities.
    2. The national and local governments and cultural and artistic entrepreneurs shall provide legitimate accommodation to enable persons with disabilities to participate in cultural and artistic activity.
    3. The national and local governments shall pursue necessary policies to enable persons with disabilities to use cultural and artistic facilities and to actively participate in cultural and artistic activities.
    4. All necessary matters, including the scope of applicable cultural and artistic entrepreneurs in each implementation phase of paragraph (2), as well as the specifics of legitimate accommodation, shall be set forth in the presidential decree.
    Article 25 (Unlawful Discrimination in Relation to Physical Activities)
    1. Institutions or organizations hosting or operating physical activities and the owners or managers of facilities intended for physical activities shall not restrict, exclude, segregate or reject persons with disabilities based on disability if they desire to participate in physical activities.
    2. The national and local governments shall cause physical activity programs that they operate or support to be operated in consideration of the gender of disabled persons and the type, extent and characteristic of their disability, and shall provide legitimate accommodation necessary for the participation of persons with disabilities.
    3. The national and local governments shall seek out policies necessary for the participation of persons with disabilities in physical activities.
    4. All matters necessary for the implementation of paragraph 2 shall be set forth in the presidential decree.

    Section 4: Judicial and Administrative Procedures, Services and Political Rights

    Article 26 (Unlawful Discrimination in Relation to Judicial and Administrative Procedures and Provision of Services)
    1. No public entity, etc. shall discriminate against persons with disabilities in relation to the provision of judicial and administrative procedures and services necessary to protect and guarantee their rights, including the right to life, liberty or property.
    2. No public entity, etc. shall discriminate against persons with disabilities in relation to the provision of judicial and administrative procedures and services necessary to protect and guarantee their rights, including the right to life, liberty or property.
    3. No public entity or its their staff shall commit any of the following discriminatory acts in performing their duty or exercising their authority:
      1. Restricting, excluding, segregating or rejecting persons with disabilities based on disability in permission, report and approval; or
      2. Restricting, excluding, segregating or rejecting persons with disabilities without any legitimate grounds in determining selection standards for public project beneficiaries, or causing a disadvantageous outcome for persons with disabilities by applying standards not tailored to disabilities.
    4. Any public entity and its staff shall provide judicial and administrative procedures and services to the extent that persons with disabilities can use them on a materially equal basis as others, and shall provide legitimate accommodation for this goal.
    5. No public entity or its their staff shall commit any of the following discriminatory acts in performing their duty or exercising their authority:
    6. If persons with disabilities request assistance of guardian, counsel, translators or testimony aides in criminal proceedings, judicial institutions shall not deny such requests without any legitimate grounds, and shall take necessary measures to prevent any disadvantage in such criminal proceedings due to any statement made under the circumstances without any guarantee of the right to assistance.
    7. If persons with disabilities are under confinement or arrest, judicial institutions shall provide legitimate accommodation and affirmative measures to allow such persons to maintain quality of life on a materially equal basis as others.
    8. All matters necessary for provisions under paragraphs 4 through 7 shall be set forth in the presidential decree.
    Article 27 (Political Rights)
    1. The national and local governments, public election candidates, and political parties shall not discriminate against persons with disabilities in exercising their political rights, including rights to vote, to be elected, and to petition.
    2. The national and local governments shall provide legitimate accommodation, including facilities and equipments necessary to guarantee political rights of persons with disabilities, publicizing and conveying information about the exercise of political rights, developing and distributing election support tools such as balloting methods tailored to different types and extents of disability, and assigning supporting staff.
    3. Public election candidates and political parties shall convey information about such candidates or parties to persons with disabilities on an equal basis as others.

    Section 5: Motherhood, Fatherhood, Sexuality, etc.

    Article 28 (Unlawful Discrimination in Relation to Motherhood or Fatherhood)
    1. No one shall restrict, exclude, segregate or reject persons with disabilities on the basis of disability in relation to their motherhood or fatherhood, including pregnancy, childbirth and nurturing.
    2. If a disabled person desires to adopt, an adoption agency shall not restrict adoption qualifications based on disability.
    3. Educational officers, daycare facilities and their staff under the Infant Care Act, and child welfare facilities and their staff under the Child Welfare Act shall neither segregate nor give disadvantage to children based on the disabilities of their parents.
    4. In order to ensure material equality for persons with disabilities in relation to contraception, pregnancy, childbirth and nurturing, facilities that are directly managed by, or commissioned or supported by, the national and local governments shall provide necessary supporting measures pursuant to applicable statutes, including the provision of information and assistance services adequate for the type and extent of disability, and the development of auxiliary aids and tools.
    5. The national and local governments shall publicize, educate, support and supervise to prevent discriminatory acts prohibited under this Act in relation to the provision of services in pregnancy, childbirth and nurturing.
    Article 29 (Unlawful Discrimination in Relation to Sexuality)
    1. The rights to sexuality shall be respected for all persons with disabilities, and persons with disabilities shall possess the right to sexual self-determination and to enjoy their right to independent expression.
    2. Members of family, home or welfare facilities shall not restrict or deprive on the basis of disability an opportunity of persons with disabilities to enjoy life of sexuality by limiting their use of space or other tools for sexual life.
    3. Educational officers, daycare facilities and their staff under the Infant Care Act, and child welfare facilities and their staff under the Child Welfare Act shall neither segregate nor give disadvantage to children based on the disabilities of their parents.
    4. To guarantee the right of sexuality for persons with disabilities, the national and local governments shall seek out necessary supporting measures pursuant to relevant Acts, and carry out publicity and education designed to eliminate disability-based prejudices and custom about sexuality as well as all other discriminatory practices.

    Section 6: Family, Home, Welfare Facilities, Right to Health, Etc.

    Article 30 (Unlawful Discrimination in Relation to Family, Home, Welfare Facilities, etc)
    1. Members of family, home and welfare facilities shall not impose excessive burden on persons with disabilities against their will nor exclude persons with disabilities from decision-making process based on disability without any legitimate grounds
    2. Members of family, home and welfare facilities shall not disclose to the public physical features or bodies of persons with disabilities against their will without any legitimate grounds.
    3. Members of family, home and welfare facilities shall not restrict, deprive or interfere with the rights of persons with disabilities, including rights to enroll at or advance in schools, to employ property rights, to participate in social activities, and to move and reside (“Rights, etc.” throughout this article), and shall not exclude them from exercising such rights.
    4. Present and former members of family or home shall not coerce persons with disabilities to enter into an unfavorable settlement in relation to child rearing, custody determination, and visitation rights, nor restrict or deprive them of such rights on the basis of disability.
    5. The heads of welfare facilities shall not demand a memorandum of renunciation of custody on the condition for admission of a disabled person into such facilities, nor restrict the visitation rights of the family members or the communication right with the outside world while he or she resides at such facilities.
    Article 32 (Prohibition of Harassment)
    1. Persons with disabilities have a right to be free from any and all violence, irrespective of their gender, age, disability type, extent or characteristics.
    2. Persons with disabilities suffering from harassment are entitled to receive counseling, treatment, legal protection, and other appropriate measures, and shall not made subject to any unfavorable treatment on the basis of disclosing any harm of harassment, etc.
    3. No one shall organize collective exclusion of, insult, or engage in derogatory verbal expressions or acts against persons with disabilities or their related persons in schools, facilities, workplaces or regional communities on the basis of disability.
    4. No one shall abandon, abuse, or extort money from persons with disabilities or their related persons based on disability in private spaces, homes, facilities, workplaces or regional communities.
    5. No one shall violate the right of self-determination of persons with disabilities or engage in verbal expressions to cause a sense of shame, ridicule, or assault or rape taking advantage of disability.
    6. The national and local governments shall administer awareness-building education to eliminate harassment of persons with disabilities and to prevent harassment and pursue appropriate measures.
  • CHAPTER III. Women and Children with Disabilities, Etc.

    CHAPTER 3_Women and Children with Disabilities, Etc.

    Article 33 (Unlawful Discrimination against Women with Disabilities)
    1. The national and local governments shall not discriminate against women based on disability on all grounds.
    2. No one shall impose on women with disabilities certain roles or deprive roles based on disability in relation to pregnancy, childbirth, nurturing and homemaking.
    3. An employer shall not treat unfavorably women workers with disabilities compared to male workers or women workers without disability, and shall not deny the provision of legitimate accommodation in relation to the utilization of workplace childcare services in each of the following:
      1. Support for convenient breastfeeding in accordance with the type and extent of disability;
      2. Support for communication methods that enable the mother to check upon child’s state; and
      3. Support other matters necessary for the utilization of workplace childcare services.
    4. The person in charge of sexual violence prevention programs shall include in such programs the sexual awareness of women with disabilities and prevention of sexual violence against them, provided, however, that such programs do not distort the image of women with disabilities.
    5. Educational institutions and other institutions organizing vocational training shall not commit the following discriminatory acts against women with disabilities, provided, however, that no discrimination shall be found if it is obvious that any act under the following purports the provision of appropriate education and training with consideration to the characteristics of women with disabilities.
      1. Restricting learning opportunities and differentiating the substance of educational activities;
      2. Restricting vocational training and the scope of career choices;
      3. Restricting learning-related plans and the scope of information provided; and
      4. Unfavorably treating women with disabilities in education without any legitimate grounds.
    6. Any specifics necessary in implementing paragraph 3, including the scope of workplaces covered in each implementation phase and matters necessary for Article 3.3, shall be set forth in the presidential decree.
    Article 34 (Duty of the National and Local Governments to Prohibit Discrimination against Women with Disabilities)
    1. The national and local governments shall seek out proactive measures in terms of awareness-building and support policies and institutions to eliminate discriminatory elements against women with disabilities, and shall also consider women with disabilities in surveys and research projects.
    2. The national and local governments shall not restrict or exclude women with disabilities based on disability in relation to their opportunities to participate in the policy-making and implementation processes.
    Article 35 (Unlawful Discrimination against Children with Disabilities)
    1. No one shall discriminate against children with disabilities in all aspects of life on the basis of disability.
    2. No one shall deprive children with disabilities of opportunities to receive education, training, healthcare services, rehabilitation services, career preparation and recreation.
    3. No one shall exclude children with disabilities from mandatory education.
    4. No one shall treat unfavorably children with disabilities based on disability, including abandonment, abuse, extortion, imprisonment and battering, and no one shall violate their human rights by forcefully place them in facilities or subject them to unwarranted rehabilitation treatment or training.
    Article 36 (Duty of the National and Local Governments in Relation to Unlawful Discrimination against Children with Disabilities)
    1. The national and local governments shall take all necessary measures to guarantee children with disabilities equal rights and freedom as others and free from any form of discrimination based on disability.
    2. The national and local governments shall make arrangements to provide services to children with disabilities early on, in accordance with their gender and the type, extent and characteristics of their disabilities, and shall provide policies to support guardian and persons caring for children with disabilities.
    Article 37 (Unlawful Discrimination against Persons with Mental Disabilities)
    1. No one shall take advantage of certain temperament or cognitive impairment of persons with mental disabilities, or subject them to any hardship.
    2. The national and local governments shall pursue necessary legal and policy measures to prevent any violation of human rights of persons with mental disabilities, including education and public information.
  • CHAPTER Ⅳ. Institutions in Charge of Remedies for Discrimination against Persons with Disabilities and Safeguarding of Rights, Etc.

    CHAPTER 4_Institutions in Charge of Remedies for Discrimination against Persons with Disabilities and Safeguarding of Rights, Etc.

    Article 38 (Complaint)
    1. Anyone who is injured by discriminatory acts as prohibited under this Act (“victim”), or any person or organization that is aware of such injury, may file a complaint with the National Human Rights Commission (“Commission”) as such.
    Article 39 (Independent Investigation)
    1. Even if no complaint is filed as set forth in Article 38, the Commission may conduct an independent investigation if there is a sufficient ground to believe that a discriminatory act prohibited under this Act has been committed and that the substance of such act is grave.
    Article 40 (Subcommittee on Remedies for Discrimination against Persons with Disabilities)
    1. The Commission shall establish a Subcommittee on Remedies for Discrimination against Persons with Disabilities (“Subcommittee”) to be in exclusive charge of investigation and rectification of discriminatory acts as prohibited under this Act.
    Article 41 (Applicable Provisions)
    1. Except where specified, provisions of the National Human Rights Commission Act shall apply to all matters concerning the procedures, methods and processing of complaints under Article 38 as well as independent investigations under Article 39.
    2. Articles 40 through 50 of the National Human Rights Commission Act shall apply to complaints and independent investigations as set forth in this Act.
    Article 42 (Notice of Recommendation)
    1. When the Commission makes a recommendation pursuant to Article 44 the National Human Rights Commission Act in regard to a discriminatory act as prohibited under this Act, the Commission shall notify its content to the Minister of Justice.
    Article 43 (Remedial Order)
    1. Minister of Justice may issue a remedial order independently or upon the victim’s request if anyone in receipt of a recommendation pursuant to Article 44 of the National Human Rights Commission Act in relation to a discriminatory act prohibited under this Act fails to comply with such recommendation without any legitimate grounds, or falls under any of the following categories, and an injury is believed to be extensive and to have significant impact on public interest.
      1. Failing to carry out recommendations in relation to discriminatory acts against a multiple number of victims;
      2. Failing to carry out recommendations in relation to repeated discriminatory acts;
      3. Intentionally failing to carry out recommendations so that the victim would be subject to disadvantages; and
      4. Failing to address other cases where a remedial order is necessary.
    2. In relation to a remedial order under paragraph 1, the Minister of Justice may order anyone who committed a discriminatory act prohibited under this Act (“discriminator”) to do any of the following:
      1. To discontinue the discriminatory act;
      2. To restore the injured party to his or her original state;
      3. To take measures to prevent further recurrence of discriminatory acts; and
      4. To take other measures necessary to rectify discriminatory acts.
    3. The Minister of Justice shall issue a remedial order under paragraphs 1 and 2 in writing with detailed grounds for such order, and have it delivered to both the discriminator and the victim.
    4. All necessary matters concerning an order of remedial measures issued by the Minister of Justice, including the time period, procedure and method, shall be set forth in the presidential decree.
    Article 44 (Finalization of Remedial Order)
    1. Any party that objects to a remedial order of the Minister of Justice may file a motion seeking the court to review the administrative action within thirty days of service of the order.
    2. A remedial order shall be finalized if no motion is filed in the court within the time period as set forth in paragraph 1.
    Article 45 (Request for Progress Report on Remedial Order, Etc.)
    1. The Minister of Justice may request the discriminator to submit a progress report on the finalized remedial order.
    2. If the discriminator fails to carry out the finalized remedial order, the victim may report it to the Minister of Justice.
  • CHAPTER Ⅴ. Compensation for Damage, Burden of Proof, Etc.

    CHAPTER 5_Compensation for Damage, Burden of Proof, Etc.

    Article 46 (Compensation for Damage)
    1. Any person who injures others in violation of any provisions under this Act is liable to compensate for damages to the injured unless the discriminator proves that such act was not intentional or negligent.
    2. When it is acknowledged that an injury has occurred as a result of an act in violation of any provisions under this Act but the victim of a discriminatory act is unable to prove monetary damage, the monetary gains to the discriminator from such act shall be deemed as the monetary damage suffered by the victim.
    3. Notwithstanding paragraph 2, when it is difficult for the victim of a discriminatory act to prove supporting facts of monetary damage due to the nature of applicable facts, the court may award approximate money damages on the basis of the overall tenor of contentions and the outcome of evidentiary review.
    Article 47 (Shifting Burden of Proof)
    1. If any dispute arises under this Act, the party claiming to have suffered discrimination shall prove that a discriminatory act has been committed.
    2. If a party claims to have suffered discrimination, the other party shall prove that a discriminatory act under paragraph 1 was not any discrimination based on disability or had legitimate grounds.
    Article 48 (Relief Measures by the Court)
    1. If the court finds discrimination against the victim at his or her request prior to or after filing the lawsuit on a discriminatory action prohibited under this Act, the court may order appropriate relief measures before reaching a decision, including discontinuance of such discriminatory act.
    2. Depending on the victim’s claims, the court may rule to discontinue discriminatory acts, to improve working conditions including wages, or to take proactive measures to correct such conditions.
    3. If the court determines that proactive measures are necessary to discontinue discriminatory acts and to rectify discrimination, the court may specify the time period for implementation and order adequate compensation for any period of delay if such measures are not implemented. In this case, Article 261 of the Civil Action Enforcement Act shall apply.
  • CHAPTER Ⅵ. PENAL PROVISIONS

    CHAPTER 6_Penalties

    Article 49 (Discriminatory Act)
    1. If the court finds that a discriminatory act that is prohibited under this Act has committed and such act has been malicious, the court may sentence the discriminator to an imprisonment of not more than three years or monetary penalty not exceeding KRW thirty million.
    2. Malice as used in paragraph 1 shall be determined after considering all of the following:
      1. Willfulness of the discriminatory act;
      2. Continuation and repetition of the discriminatory act;
      3. Retaliation against the victim of discrimination; and
      4. Substance and extent of injury incurred from discrimination.
    3. When a legal person or its representative, agent, or employee commits a discriminatory act with malice in relation to the business of such legal or private person, the court may sentence such legal or private person to pay a monetary penalty under paragraph 1 in addition to the discriminator.
    4. Provisions of the National Human Rights Commission Act shall apply to any other penalties that are not defined in this section.
    Article 50 (Fines)
    1. Article 50 (Fines)
    2. Any fine under paragraph 1 shall be levied and collected by the Minister of Justice as set forth in pertinent provisions of the presidential decree.
    3. Any person in objection to the decree of a fine under paragraph 2 may raise an objection to the Minister of Justice within thirty days of receipt of such notice.
    4. If any person raises an objection under paragraph 3 for a fine levied in 2, the Minister of Justice shall immediately notify the court of jurisdiction, and the court thus notified shall commence a hearing for penalty according to the Civil Procedure of Non-Contentious Case Act.
    5. If a fine is not paid and no objection is raised during the period set forth in paragraph 3, such fine shall be collected in accordance with the process followed in the nonpayment of national tax.
  • Addenda

    ADDENDA

    ADDENDUM [Public Law No.8341, Effective 2007.4.10]
    1. (Enforcement Date) This Act shall enter into force one year after its promulgation, provided, however, the implementation date and the scope of application under each area of discrimination under Articles 10 through 37 shall be set forth in the presidential decree as delegated in pertinent provisions.
    2. (Preparation for the Establishment of Subcommittee) Notwithstanding paragraph 1, preparations for establishing the Subcommittee under Article 40, including the appointment of its members and staff, may be undertaken prior to the enforcement date of this Act.
    3. (Commencement of the term of the Subcommittee Members) The term of the Subcommittee members under Article 40 shall commence on the enforcement date of this Act.
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