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Act No. 10280, Partially revised May

11, 2010

Chapter 1: General Provisions

Article 1 (Purpose)

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

Enacted April 10, 2008, Presidential

Decree

No. 20766

Article 1 (Purpose)

The purpose of this Act is to define matters mandated in the Anti- Discrimination Against and Remedies for Persons with Disabilities Act and matters necessary for enforcement of the Act.

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disabilities as defined in paragraph 1.

Article 3 (Definitions) The terms used in the Act are defined as follows:

<as revised March 21, 2008, May 22, 2009, May 11, 2010>

1. The term “advertisement” denotes an indication or advertisement as defined in Articles 2.1 and 2.2 of the Fair Indication and Advertisement Act.

2. The term “guide dog” denotes a guide dog for a disabled person as defined in Article 40 of the Welfare of Persons with Disabilities Act.

3. The term “auxiliary aids, etc.” denotes auxiliary aid devices for persons with disabilities as defined in Article 65 of the Welfare of Persons with Disabilities Act, as well as automobiles and other devices that assist activities of such persons. The specific scope of such automobiles and additional devices shall be determined by presidential decree; provided however, that such determination shall take into consideration related statutory

Article 2 (Definition of automobiles and additional devices)

“Automobiles and additional devices to assist persons with disabilities with their activities” as defined in the latter part of Article 3.3 of the Anti-Discrimination Against and Remedies for Persons with Disabilities Act (hereinafter referred to as the “Act”) refer to the following:

1. Automobiles modified with devices to assist persons with disabilities in entering and exiting, and in driving independently;

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provisions as follows: workplace technical auxiliary devices as defined in Article 21.1, paragraph 2 of the Employment Promotion and Occupational Rehabilitation of

Persons with Disabilities Act; telecommunication devices as defined in Article 9 of the Act to Narrow

the Digital Divide; and other matters defined in the applicable statutes and relevant provisions of this Act.

4. The term “public entity” denotes

the national or any local government and such other public institution as determined by presidential decree.

5. The term “employer” denotes 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 to deal with matters involving employees.

2. Workplace technical auxiliary devices or equipment for assisting persons with disabilities with occupational activities as defined in Article 21.1, paragraph 2 of the Employment Promotion and Occupational Rehabilitation of Persons with Disabilities Act; and

3. Telecommunications products as defined in Article 8.2 of the Enforcement Decree of the Act to Narrow the Digital Divide.

Article 3 (Definition of Public

Organizations)

“Public entity as determined by the presidential decree” in Article 3.4 of the Act refers to an organization corresponding to any of the following:

1. Special corporations established under the Special Act;

2. Schools established in compliance with the Elementary and Secondary Education Act, Higher Education Act, and other ordinances;

3. Organization designated as a government corporation or quasi- government organization pursuant to Article 4.1 of the Act on the Operation

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6. The term “educational institutions” denotes: 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, Science and Technology 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 by presidential decree.

7. The term “educational officer” denotes a director or an operating officer of an educational institution.

of a Public Organization"; and

4. Public corporations and agencies under local governments pursuant to the Act on Local Government Corporation.

Article 4 (Definition of Educational

Institutions)

“Other organizations as determined by the presidential decree” in Article 3.6 of the Act refers to the organizations described in the following:

1. Schools and other educational institutions for gifted children in compliance with Article 2 of the Act on the Promotion of Education for Gifted Children;

2. Korean schools pursuant to Article

2.3 of the Act on Educational Support for Overseas Korean Nationals;

3. Training institutes pursuant to Article

2.1 of the Regulation on the Training of Teaching Staff, etc; and

4. The Central Officials Training Institute pursuant to Article 3.1 of the Act on Education and Training of Civil Servants and professional

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8. The term “information” is classified as follows:

(i) The term “electronic information” denotes information as defined in Article 3.1 of the Framework Act on Informatization Promotion. As such, “natural or juristic persons” are deemed to include any public entity as defined in this Act.

(ii) The term “non-electronic information” denotes any information other than what is defined in Article 3.1 of the Framework Act on Informatization Promotion, including any and all data and knowledge processed in verbal and non-verbal means, including voice, writings, 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.

(iii) The term “private information” means private information as defined in Article 2.2 of the Act on Protection of Personal

educational and training institutes pursuant to Article 4.1 of the same Act.

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Information Maintained by Public

Agencies.

9. The term “telecommunication” denotes telecommunications under Article 3.5 of the Framework Act on 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” denotes activities related to literature, art (including applied arts), 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” denotes 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” denotes any and all physical activities that are deemed to be

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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” denotes home and family as defined in Articles 3.1 and 3.2 of the Basic Act on Healthy Family.

14. The term “welfare facilities, etc.” denotes 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” denotes a building, living quarters and other major sections as defined in Article

2.1, paragraphs 2,6 and 7 of the

Building Act.

16. The term “instruments of mobility and transportation, etc.” denotes

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streets and walkways used by people on a daily basis, as well as transportation modes and public accommodation facilities, as defined in Articles 2.2 and 2.3 of the Act

on the Promotion of Better Mobility for the Transportation-Challenged."

17. The term “right to health” denotes health education, the prevention and treatment of any diseases 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.” denotes any and all persons engaged in healthcare for persons of disabilities, including medical personnel 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.

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19. The term “healthcare institutions, etc.” denotes medical institutions as defined in Article 3 of the Medical Service Act, public health institutions where healthcare providers offer services to facilitate the health of persons with disabilities, treatment institutions, pharmacies, and other institutions as defined in pertinent statutes.

20. The term “harassment, etc.” denotes 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 under this

Act means any of the following: (i) Treating persons with disabilities

unfavorably through restriction, exclusion, segregation or denial based on disability without

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legitimate grounds;

(ii) 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;

(iii) Refusing to provide legitimate accommodation to persons with disabilities without legitimate grounds;

(iv) 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;

(v) Committing any of the acts under paragraphs (i) through (iv) against individuals representing or accompanying persons with disabilities for the purpose of

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offering assistance (including parents or guardians of children with disabilities or other persons reasonably recognized to offer assistance to persons with disabilities) (the“related persons” hereinafter). As such, any act committed by the related persons against persons with disabilities is also subject to the determination of a discriminatory act prohibited under this Act; or

(vi) Interfering 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, paragraph (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,

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extent and nature of a disability. (3) Notwithstanding Article 4.1, no

discrimination shall be found if any of the following legitimate grounds applies:

(i) Refraining from any of discriminatory acts prohibited under Article 4.1 would incur excessive burden or undue hardship; or

(ii) Discriminatory acts 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 under this Act.

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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 deemed as 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)

No one shall discriminate against any person on the basis of 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 subject to their determinations.

(2) Persons with disabilities have a right to be provided with services and information necessary to ensure

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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 for providing remedies for violations of their rights, and shall take affirmative measures

to rectify discrimination as defined under 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)

Provisions of the National Human Rights Commission Act shall apply to all matters that are not defined under this Act with respect to the prohibition

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of disability-based discrimination and remedies for rights violations.

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 under 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 as others in carrying out assigned tasks, an employer shall provide legitimate

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accommodation as defined in each of the following:

(i) Installing or modifying equipment or devices;

(ii) Modifying or adjusting working hours to accommodate rehabilitation, function test, treatment, etc.;

(iii) Offering training opportunities or accommodation for training;

(iv) Modifying instruction manuals or reference materials;

(v) Improving examination or evaluation procedures; and

(vi) 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 on the basis of disability without legitimate grounds.

(3) The specifics of legitimate accommodation to be provided by

Article 5 (Details of Legitimate

Accommodation Offered by the

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an employer under paragraph (1)

and the workplaces covered in each implementation phase shall be set forth in the presidential decree.

Employer)

Details of legitimate accommodation to be offered by the employer pursuant

to Article 11.3 of the Act are stipulated as follows:

1. Exit, entry and ramp to make workplace accessible;

2. Installation or modification of facilities and equipment, such as height-adjustable workbench for carrying out assigned tasks;

3. Modification of working hours including changes to work schedule to allow for rehabilitation, evaluation, and treatment;

4. Provision of personnel and facilities to assist persons with disabilities in participating in training by making available support staff,

height-adjustable desks, and documents written in Braille, etc.;

5. Provision of instruction manuals and work guidelines for persons with disabilities; and

6. Provision of means to support evaluation of persons with disabilities through an increase in allotted test time and provision of

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Article 12 (Prohibited Medical

Examination)

(1) An employer shall not conduct a pre-employment medical examination as to whether such applicant is a person with a disability but may conduct a post-employment medical examination that is required for placement or is 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

larger-sized answer sheets.

Article 6 (Scope of Phased Application to Business Establishments)

The scope of the phased application to business establishments that should provide legitimate accommodation to workers with disabilities pursuant to Article 11.3 of the Act is stipulated in Addendum 1.

Article 7 (Method of Reimbursement for

Medical Examinations, etc.)

(1) When an employer requests a medical examination subject to conditions in Article 12.1 of the Act, in the event a worker undergoes a medical examination in a medical institution other than the

one designated by the employer and the worker submits a receipt to the employer for expenses incurred from that examination, the employer shall reimburse the worker the amount normally incurred at the medical institution designated by the employer; and

(2) In the event an employer directs a

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subsidized shall be set forth in the presidential decree.

(3) An employer shall not disclose private information obtained subject to conditions under paragraph (1) with respect to the health conditions, disabilities 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

worker to undergo a medical examination subject to conditions in Article 12.1 of the Act, the time spent undergoing the medical examination shall be recognized as working hours and support shall be rendered through such means as changing the employee's work schedule so that the worker is not put at a disadvantage by undergoing the medical examination.

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institutions under paragraph (1) shall comply with Article 7 of the Act

on Special Education for Persons with Disabilities, etc. <as revised May 11, 2010>

(3) If a disabled person enrolled in any educational institution, or a guardian of such disabled person, 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

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information.

(6) An educational officer and the teaching staff shall not insult or disparage persons with disabilities enrolled in educational institutions, the related persons, 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 3.1 of the Act on Special Education for Persons with Disabilities, etc., the national and local governments shall not

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contravene without legitimate grounds the number of class hours required by pertinent school curricula.

<as revised May 11, 2010>

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:

(i) 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; (ii) Assigning teacher assistants if

needed by persons with disabilities or their related persons;

(iii) Renting magnifiers, hearing aids, height adjustable desks, and various alternative and supplementary communication tools, as well as assigning a guide dog or securing

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space for wheelchair access, to help eliminate any disadvantages for participating in learning based on disability;

(iv) 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;

(v) Offering adequate teaching and evaluation methods through learning diagnosis in applying school curricula; and

(vi) 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

Article 8 (Details on Legitimate

Accommodation) Matters to be provided by an educational officer pursuant to Article

14.1, paragraph 6 of the Act are as follows:

1. Guidance materials to ensure adequate teaching and learning;

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shall designate a department or an administrator to be 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.

2. Convenience in transportation with respect to commuting; and

3. Mobility in all areas necessary for educational activities including classrooms located within educational facilities, learning facilities, restrooms, cafeteria, etc., and facilities, installations, and mobility assistance for providing access within such areas.

Article 9 (Phased Application to

Educational Institutions)

The scope of the phased application to educational institutions pursuant to Article 14.3 of the Act is specified in Addendum 2.

Article 10 (Department or administrator in charge of providing support to students with disabilities)

(1) Pursuant to Article 14.3 of the Act, the educational officer shall appoint a department or an administrator to be in charge of supporting students with disabilities in order to prevent students with disabilities from experiencing any

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disadvantage in their educational activities while attending the corresponding educational institution. (i) Schools under the Elementary and

Secondary Education Act and the Higher Education Act shall have an independent department or

administrator in charge of supporting students with disabilities;

(ii) Childcare facilities under the auspices of the Infant Care Act

and kindergartens under the auspices of the Early Childhood Education Act shall have an administrator in charge of children with disabilities; and

(iii) Continuing-education facilities as defined in the Lifelong Education Act, educational and training institutions as defined in the Course Credit Recognition Act, vocational learning and training institutes as defined in the Vocational Education and Training Promotion Act, and educational institutions as defined

in Article 4 shall have an administrator in charge of students with disabilities.

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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 with goods, services, profits, benefits or amenities that would bring benefits materially unequal due to disability compared to those 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 or

(2) The educational officer shall inspect, on a regular basis, the scope of the activities of the department and administrator in charge of supporting students with disabilities as prescribed in paragraph 1 as well as the level of usage by persons with disabilities.

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Lease of Land or Building) 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)

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 offering monetary loans, issuing credit cards, and offering insurance policies.

Article 18 (Unlawful Discrimination in Relation to Facility Access and Use)

(1) An owner or manager of any facility shall not restrict, segregate, exclude or reject a disabled person in relation to his or her access and use of such

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facility or emergency evacuation. (2) An owner or manager of any

facility shall not restrict, segregate, exclude or reject a disabled person from bringing in or using a guide dog or auxiliary aids within such facility.

(3) An owner or manager of any facility shall not deny, without any legitimate grounds, the provision of legitimate accommodation in relation to his or her access and use of such facility

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 11 (Target and Scope of Facilities) The target facilities subject to phased application pursuant to Article 18.4 of the Act shall be facilities that are newly built, expanded, or renovated on and after April 11, 2009, and among facilities corresponding to any one of the items in Article 7 of the Act on the Guarantee of Convenience Promotion of Disabled Persons, the Elderly and Pregnant Women.

Article 12 (Details of Legitimate

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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 Act on 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. <as revised May 11, 2010>

Accommodation and Criteria for Installation of Facilities)

Details of legitimate accommodation and criteria for installation to be provided by the owner/manager of the facilities pursuant to Article 18.4 of the Act shall be in accordance with Addendum 2 of the Enforcement

Decree of the Act on the Guarantee of Convenience Promotion of Disabled Persons, the Elderly and Pregnant Women.

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(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 authorities shall publicize, educate, support and supervise transportation entrepreneurs not to commit discriminatory acts prohibited under this Act against

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persons with disabilities.

(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 as 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 13 (Applicable Target for Provision of Legitimate Accommodation including Means of Mobility and Transportation and Details of Legitimate Accommodation)

(1) The applicable target under which providers of transportation services and transportation administration agencies are to provide legitimate accommodation necessary for the mobility and transportation of disabled persons shall be in accordance with Addendum 1 of the

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Article 20 (Unlawful Discrimination with Relation to Information Access)

(1) No individual, legal person, or public entity (the “person” throughout this article) shall commit discriminatory acts prohibited under Articles 4.1(i) and 4.1(ii) on the

Enforcement Decree of the Act on the Promotion of Better Mobility for the Transportation-Challenged.

(2) Details of legitimate accommodation pursuant to Article

19.8 of the Act shall be in accordance with Addendum 2 of the Enforcement Decree of the Act on the Promotion of Better Mobility

for the Transportation-Challenged.

(3) In the event that a disabled person requests that the head of a driver's license testing institution under Article 83.1 and 83.2 of the Road Transportation Test furnish special testing accommodations for driving skills test and driving road test, the head may provide the requested support.

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basis of disability 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

Article 14 (Scope of Phased Provision of Reasonable Convenience and Content of Such Convenience in Information Telecommunication and Communication)

(1) Pursuant to early parts of Article

21.1 of the Act, the phased scope

of the parties etc., who shall provide necessary means including sign language and text for disabled persons to allow for their access and use is specified in Addendum 3.

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“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 as 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 needed for the participation and communication of persons with disabilities, including sign language interpreters, text or vocal interpreter, and hearing aids.

(3) Broadcasting entrepreneurs pursuant to Article 2.3 of the Broadcasting Act and broadcasting entrepreneurs on internet multimedia pursuant to Article 2.5 of the Internet Multimedia Broadcasting Industry Act shall provide telecommunication dispatch services including closed captions, sign language interpretation, voice services and others, so that persons with disabilities may access and use

(2) Specific details of necessary means to be provided under Article 21.1

of the Act are specified in the following:

(i) Web sites guaranteeing access to all persons regardless of physical and technical circumstances so that they can use any service provided by the web site; and

(ii) Sign language interpreters, voice interpreters, Braille documents, Braille telecommunications terminals, enlarged text, magnifying glasses, audio recording tape, standard text file, personal hearing aids, captions, sign language interpretation,

print-to-voice converters, copiers

for disabled persons, video phones, telecommunications relay phones

or other related means.

(3) Necessary means under Article 2.2 shall be provided within seven days of the time the disabled person made the request.

(4) In the event a person with disabilities requests support more than seven days before an event, public and other institutions shall,

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the contents or services on an equal basis as others. <as revised May 11,

2010>

(4) Telecommunications entrepreneurs under the Telecommunications Industry Act (applicable only to those providing telephone services) shall secure and provide relay services (including video calling service, text service and other relay service as defined and announced

by the Korea Communications

Commission. (as revised May 11,

2010>

(5) Entrepreneurs under the following paragraphs shall exert efforts to provide publications (including electronic publications, consistent throughout the section) and visual materials so that persons with disabilities may access and use them on an equal basis as others.

Provided, however, that the National

Library of Korea under Article 18 of the Library Act shall provide book materials newly produced and distributed into Braille documents, audio recording or enlarged text.

under Article 21.2 of the Act, provide necessary means of communication assistance including sign language interpreters, text or voice interpreters, and hearing aids.

(5) The specifics of the convenience services to allow seeing and hearing by persons with disabilities subject to Article 21 (3) of the Act shall

be as follows:

(i) Closed captioning for hearing- impaired persons, for delivery of the voice and sound of broadcasts by subtitles;

(ii) Sign language interpreting for h e a rin g - im p a ir e d p e r s o n s f o r d e liv e ry of the voice and sound of the broadcast by signs, gestures, facial expressions, etc.; and

(iii) Descriptive Video Service for visually-impaired persons for delivery of scenes and subtitles by voice.

(6) In addition to the provisions prescribed in paragraph (5), standards, methods, or other matters necessary to implement the convenience service for seeing and hearing for persons

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<newly established May 11, 2010> (i) Entrepreneurs publishing

publications on a regular basis;

(ii) Producers and distributors of visual materials including films and

videos

(6) The phased scope of doers required to provide all necessary matters

under Article 1, the specifics of the necessary means, the specific contents and scope of necessary support and matters necessary for

the implementation under Article 2, the phased scope of the entrepreneurs under Articles 3 and

4, the specifics of the support to be provided and matters necessary for its implementation shall be set forth in presidential decree. <newly established May 11, 2010>

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

with disabilities shall be determined and notified by the Korea Communications Commission. In such case, the Korea Communications Commission shall consult the National Human Rights Commission in advance.

(7) The scope of key telecommunications service providers subject to phased provision of the transmission services by means of telecommunications equipment under Article 21 (4) of the Act, shall be prescribed in the attached Table 3-2.

(8) The transmission services by means of telecommunications equipment under Article 21 (4) of the Act

shall be the services where a transmitter relays in real time communications between persons

with disabilities and persons without disabilities by converting letters,

sign language images, or others into voice, or converting voice into letters, sign language images, or others by means of telecommunications equipment

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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 dissemination 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

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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

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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

Article 15 (Prohibition of Discrimination in Relation to Cultural and Artistic Activities)

(1) The phased application to culture and art establishments for providing legitimate accommodation to enable the participation of disabled persons in cultural and artistic activities under Article 24.2 of the Act is specified in Addendum 4.

(2) Specific details of legitimate accommodation pursuant to Article

24.2 of the Act are specified as follows:

(i) Establishment or renovation of facilities and equipment to permit access by persons with disabilities to the exits, entries, sanitary

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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

facilities, information facilities, spectator seats, beverage counters, sales counters, and performance stage for the participation and enjoyment of disabled persons in cultural and artistic activities;

(ⅱ) Placement of support staff in

cultural and artistic programs in the event that a person with disabilities or her/her assistant makes a request;

(ⅲ) Provision of equipment and

devices including wheelchairs, booklets written in Braille, and hearing aids to support participation and enjoyment of cultural and artistic activities of persons with disabilities; and

(ⅳ) Provision of information related

to cultural and artistic activities to persons with disabilities.

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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.

Article 16 (Prohibition of Discrimination in Relation to Physical Activities)

(1) Details of legitimate accommodation to be provided by national and local governments under Article 25.2 of the Act are specified as follows:

(i) Establishment of facilities and placement of sports equipment necessary for persons with disabilities to participate in physical activities;

(ii) Organization of physical activity programs that persons with disabilities can participate in;

(iii) Provision of coaches and support staff for physical activities in the event persons with disabilities or aide to a person with disabilities makes a request;

(iv) Placement of visual materials and booklets that include details such

as instructions for equipment usage

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

Article 26 (Unlawful Discrimination in

to promote convenience among disabled persons participating in physical activities;

(v) Provision of information related to physical activities for persons with disabilities;

(vi) Supporting the development of coaches who can provide guidance to persons with disabilities participating in physical activities;

(vii) Promoting the manufacture of sporting equipment that can be used by persons with disabilities; and

(viii) Provision of medical support for persons with disabilities participating in physical activities.

(2) Types of facilities necessary for physical activities specified in 16.1, paragraph 1 and timing for mandatory installation are set forth in Addendum 5.

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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 or its staff shall commit certain acts as defined in Articles 4.1, 4.2 and 4.4 through 4.6 against persons with disabilities in providing judicial and administrative procedures and services.

(3) No public entity or its their staff shall commit any of the following discriminatory acts in performing their duty or exercising their authority:

(i) Restricting, excluding, segregating or rejecting persons with disabilities based on disability in permission, report and approval; or

(ii) Restricting, excluding, segregating or rejecting persons with disabilities

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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) A 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) If persons with disabilities demand the provision of legitimate accommodation, such as creating

and offering forms that they can recognize and fill out independently, no public entity or its staff shall give persons with disabilities any

disadvantage by denying or arbitrarily processing such demand.

(6) Judicial institutions shall confirm whether the person concerned in the case has any disability undergoing difficulty in communication or

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expressing him/herself. If that person with a disability requests assistance in criminal proceedings, judicial institutions shall not deny such request without legitimate grounds, and shall take necessary measures.

<as revised May 11, 2010>

(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 17 (Provision of Convenience in Relation to Judicial and Administrative Procedures and Services, etc.)

(1) In the event a person with disabilities uses or requests judicial and administrative procedures and services pursuant to Article 26.8 of the Act, any public entity and its staff shall provide legitimate accommodation necessary including accommodating assistance from the staff, Braille documents, print-to- voice converters, sign language

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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

interpretation, vocal interpreter, voice support system, computers, etc. In consideration of the type of disability and status of the person with disabilities, a person with disabilities may use legitimate accommodation

in correctional and detention facilities, undergo counseling, correctional training, or occupational development training.

(2) In the event a prosecutor or judicial police officer interrogates a person with disabilities under paragraph

1, it shall be in accordance with Article 244-5 of the Criminal Proceedings Act.

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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.

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(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

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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) 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

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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

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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 31 (Unlawful Discrimination in

Relation to Right to Health)

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(1) Medical facilities and healthcare providers shall not restrict, exclude, segregate or reject persons with disabilities in relation to medical undertakings.

(2) Medical facilities and healthcare providers shall proactively consider the gender of a disabled person and the type, extent and characteristics

of disability in relation to medical undertakings and research involving persons with disabilities, and shall provide them with necessary information in medical undertakings, including medical information suitable to the disabled person’s gender.

(3) If considered necessary for implementing health-related school curriculum, a public entity shall include facts that take into consideration the gender of persons with disabilities.

(4) The national and local governments shall implement policies to prevent and treat innate and acquired disabilities, and shall consider the gender of persons with disabilities

in the process of determining and

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administering medical or health issues.

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

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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 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

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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:

(i) Support for convenient breastfeeding in accordance with the type and extent of disability;

(ii) Support for communication methods that enable the mother to check upon child’s state; and

(iii) 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

Article 18 (Business Establishments Subject to the Workplace Infant Care Service and Its Phased Application)

Pursuant to Article 33.3 of the Act, business establishments subject to providing legitimate accommodation in the use of the workplace infant care service shall be business establishments that are to establish workplace infant care facilities pursuant to Article 20.1 of the Enforcement Decree of the

Infant Care Act. This regulation shall apply as of April 11, 2009.

Article 19 (Matters Necessary in Using

Workplace Infant Care Service)

Pursuant to Article 33.3, paragraph 3 of the Act, the matters necessary in using workplace infant care service are specified as follows:

1. Support for priority entrance to workplace childcare services to children of female workers with disabilities;

2. Removal of obstacles to eliminate dangers when gaining access to and

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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.

(i) Restricting learning opportunities and differentiating the substance of educational activities;

(ii) Restricting vocational training and the scope of career choices;

(iii) Restricting learning-related plans and the scope of information provided; and

(iv) 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

using workplace childcare services;

3. Provision of instructional booklets taking into consideration the types of disabilities of female workers in the workplace;

4. Provision of accommodation to facilitate communication with children in accordance with the severity and type of the female worker's disabilities; and

5. Provision of accommodation for use of workplace childcare services through counseling.

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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

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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

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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 4: Institutions in Charge of

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Remedies for Discrimination against Persons with Disabilities and Safeguarding of Rights, Etc.

Article 38 (Complaint) Anyone who is injured by discriminatory acts 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) 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

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Discrimination against Persons with Disabilities (“Subcommittee”) to be in exclusive charge of investigation and rectification of discriminatory acts prohibited under this Act.

(2) All matters necessary for the composition, duties and operation of the Subcommittee shall be set forth in the Committee regulations.

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) When the Commission makes a recommendation pursuant to Article 44

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the National Human Rights Commission Act in regard to a discriminatory act 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.

(i) Failing to carry out recommendations in relation to discriminatory acts against a multiple number of victims;

(ii) Failing to carry out recommendations in relation to repeated discriminatory acts;

(iii) Intentionally failing to carry out

Article 20 (Method of Application for

Remedial Order)

Persons attempting to apply for a remedial order pursuant to Article 43.1 of the Act shall submit a written statement specifying the following details to the Minister of Justice:

1. Name and address of applicant;

2. Name and address of the person or entity said to be engaging in discriminatory practice (for corporations, name and location of the company); and

3. Reason for a remedial order.

Article 21 (Time frame for a Remedial

Order)

In the event the Minister of Justice issues a remedial order upon the victim's request pursuant to Article

43.1 of the Act, a remedial order shall be made within three months of receiving the request. In the event that the Minister issues a remedial order by

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recommendations so that the victim would be subject to disadvantages; and

(iv) 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:

(i) To discontinue the discriminatory act;

(ii) To restore the injured party to his or her original state;

(iii) To take measures to prevent further recurrence of discriminatory acts; and

(iv) 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

authority, it shall be made within three months of confirming nonfulfillment of the recommendation.

Article 22 (Writing the Remedial Order) The writing of the remedial order pursuant to Article 43.3 of the Act shall specify the matters as follows:

1. Grounds for the remedial order;

2. Details of the remedial order;

3. Time limit for the remedy; and

4. Procedures for appealing the remedial

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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 Implementation of 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 perform what is prescribed in the finalized remedial order, the victim may

report it to the Minister of Justice.

order.

Article 23 (Deliberation Committee on Remedies for Discrimination against Persons with Disabilities)

(1) The Deliberation Committee on Remedies for Discrimination against Persons with Disabilities (hereinafter referred to as the Deliberation Committee) is established in the Ministry of Justice to deliberate

over matters involving remedial orders for discrimination against persons with disabilities.

(2) The Deliberation Committee shall be composed of nine or fewer members including one chairperson.

(3) The Deliberation Committee shall be chaired by the vice minister of justice and members shall be appointed by the minister of justice from among the Ministry of Justice's legal affairs director, the director of the Human Rights Bureau in the

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Ministry of Justice and relevant experts with extensive academic knowledge and expertise on the issue of discrimination against persons with disabilities.

Article 24 (Term of Appointed

Members)

Pursuant to Article 23, paragraph 3 of the Act, the term of the appointed members shall be two years and reappointments shall be permissible.

Article 25 (Duties of Chairperson and the Meeting)

(1) The chairperson shall represent the Deliberation Committee and shall oversee the tasks of the Deliberation Committee.

(2) In the event the chairperson cannot perform his/her duties due to unavoidable circumstances, another member nominated by the Chairperson shall execute his/her duties as a proxy.

(3) A meeting of the Deliberation Committee shall be convened upon the request of the minister of justice

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or when the chairperson deems it necessary.

(4) The chairperson shall chair the meeting of the Deliberation Committee.

(5) A conference of the Deliberation Committee shall be considered open with the attendance of a majority of registered members, and a decision shall be made with the approval of

a majority of members present.

(6) In the event urgent action is required or as a result of unavoidable circumstances, the chairperson may deliberate a Committee matter in writing (including by means of electronic documents).

Article 26 (Listening to Opinions)

In the event the chairperson deems it to be necessary for the deliberation of the Deliberation Committee, an affiliated person may be invited to a Committee meeting and his/her opinions heard.

Article 27 (Secretary)

There may be one secretary in the

Deliberation Committee to handle the

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Chapter 5: Compensation for

Damage, Burden of Proof, Etc.

Article 46 (Compensation for Damages)

(1) Any person who injures others in

affairs of the Deliberation Committee. The secretary shall be appointed by the chairperson of the Deliberation Committee from among the civil servants of the Ministry of Justice.

Article 28 (Rules for Operation)

Matters necessary for the operation of the Deliberation Committee other than those stipulated in the Decree shall be determined by the chairperson of the Deliberation Committee upon resolution of the Deliberation Committee.

Article 29 (Respect for Results of Deliberation by the Deliberation Committee)

In determining the issuance of a remedial order, the Minister of Justice shall respect the results of deliberation by the Deliberation Committee.

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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

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discriminatory act has been committed. (2) If a party claims to have suffered

discrimination, the other party shall prove either a discriminatory act under paragraph (1) was not discrimination based on disability or such act had legitimate grounds otherwise.

Article 48 (Relief Measures by the

Court)

(1) If the court finds discrimination against a victim, the court may order appropriate relief measures for a discriminatory act prohibited under this Act before reaching a decision upon such victim’s request before

or after filing the lawsuit, 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

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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 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 was 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:

(i) Willfulness of the discriminatory act;

(ii) Continuation and repetition of the discriminatory act;

(iii) Retaliation against the victim of

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discrimination; and

(iv) 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. However, this shall

not applicable if the legal or private person has not been negligent by providing considerable caution and supervision on the corresponding

task in order to prevent such act of violation. <as revised May 11, 2010> (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) Any person failing to carry out a remedial order as finalized under Article 44 without any legitimate grounds shall be subject to a fine

Article 30 <Deleted>

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not exceeding KRW thirty million. (2) Any fines under paragraph 1 shall

be levied and collected by the Minister of Justice. <as revised May 11, 2010>

(3) Deleted <May 11, 2010> (4) Deleted <May 11, 2010> (5) Deleted <May 11, 2010>

ADDENDA

<No. 10280, Effective May 11, 2010> This Act shall enter into effect from the day of its promulgation; provided, however, that the revised statutes under Article 21.4 shall enter into effect one year after its promulgation. The implementation date and the scope of application for each area of the revised stipulations in Article 21.6 (refers only to sections related to paragraphs 3 and

4 of the same article) shall be set forth in the presidential decree as delegated under the pertinent provisions.

ADDENDA

This Decree shall be enforced as of

April 11, 2008.

Applicable subject

Scope of phased application

1. Public entity

- To apply as of April 11, 2009

2. Educational institution

- Phasing of educational institutions determined in Addendum

2 is applied

3. Educational officer

- Phasing of educational institution determined in Addendum

2 is applied

4. Corporation under Article 8, Item 8 of the Act

- Phasing determined in Addendum 2, 4 and 5 is applied.

Other corporations will be subject to application as of

April 11, 2013.

5. Cultural and artistic entrepreneurs

- Phasing determined in Addendum 4 is applied.

6. Healthcare providers, etc.

- Applicable as of April 11, 2013.

7. Healthcare institutions, etc.

a. General hospitals under the Medical Service Act will be subject to application as of April 11, 2009

b. Hospitals, dental clinics, Oriental medicine clinics and convalescence homes will be subject to application as of April 11, 2011.

c. Organizations other than those in categories a and b will be subject to application as of April 11, 2013.

8. Applicable subjects related to sports

- Applicable as of April 11, 2013

9. Applicable subjects related to welfare facilities, etc.

- Applicable as of April 11, 2009

10. Applicable subjects related to facilities

- Applicable as of April 11, 2009

11. Applicable subjects related

to mobility and transportation services

- Addendum 1 of the Enforcement Decree of the Act on the

Promotion of Better Mobility for the

Transportation-Challenged will apply.

12. Employers under Article 10, Paragraph 1 of the Act

- Phased scope as determined in Addendum 1 will apply

13. Relevant persons in a labor union under Article 10, Paragraph 2 of the Act

- Phased scope of business establishments with labor unions as determined in Addendum 1 will apply.

Category

Details of facilities established

common

(mandatory)

convenience facilities

- Facilities under Addendum 2, paragraph 2 of the Enforcement Decree of the Act for the Promotion of Better Mobility for the Transportation-Challenged

- Indoor corridors, indoor facilities such as ramps and elevator for facilities two or more stories high

- Restroom (toilet, urinal, washstand) for persons with disabilities, sanitary facilities including shower stalls and locker room

- Braille lettering, guidance facilities, fire alarm and evacuation facilities, etc.

- Other facilities including seats and ticket booth

indoor facilities

swimming pool

- Support facilities for convenience in entering water such as ramps and hand rails

- Support facilities for entering the locker room

connected to the swimming pool

- Auxiliary devices to assist with showering and dressing

- Auxiliary wheelchair

indoor facilities

indoor gymnasium

- wheelchair volleyball net, goal post for "goal ball"

outdoor facilities

outdoor sports field

- access facilities to the sports field

outdoor facilities

park, etc.

- access roads, etc. to sports facilities in the park