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Investigation and remedies for discrimination against the persons with disability [2002] KRNHRC 4 (1 January 2002)

During one year in 2002, 32 complaints of discriminatory conduct based on
disability were filed, out of which 22 cases were processed, while the remaining
10 cases are still pending on investigation. Looking into the actions taken for
the 22 cases, the most prevailing cases were those either voluntarily dismissed
or rejected because of lack of subject matter jurisdiction. One case was
dismissed, a recommendation of rectification was issued for another case, and
still another case was closed by an amicable settlement between the parties
while an investigation was in progress.

The first case filed with the Commission was the complaint of "discrimination
against a person with disability in appointment to the head of the Public Health
Center run by Jecheon City, for which the Commission issued a recommendation
of rectification. Although the Commission found that it amounted to "discriminatory
conduct based on disability," it could not take any remedial measure for the
petitioner because a third party had been already appointed to the head of the
Public Health Center, and the Commission had no authority to cancel the
appointment. However, the Commission conducted an investigation into the
system and customary practice of Jecheon City to determine whether they were
discriminatory and to issue a recommendation of rectification. Regretfully the
Commission could only make a "recommendation not to commit any discriminatory
conduct based on physical disabilities."

Among the cases amicably settled by an agreement between the parties are
the case of "discriminatory conduct against the person with disability in
employment of a professor in Inje University." The petitioner was a patient of
renal failure suffering from kidney disorder and so had to have hemodialysis
twice a week. He passed the examination for employment of a professor in Inje
University. However, he was left out of the final appointment because of the
disability on the ground that the disability would impede his performing duties,
and eventually he filed the complaint with the Commission. While an investigation
was conducted by the Commission, the university announced its intention to
appoint the petitioner to the professorship. As the petitioner accepted the
proposal, the case was closed by an agreement between the parties under the
Commission's mediation.

In addition to those activities, the Commission held a "public forum of
specialists relating to driver's licenses for the persons with disabilities" in order
to hear the opinions from the related specialists for preparing an improvement
plan for the driver's license system for the persons with disability, and to gather
public opinions to make reference to the results in processing the complaints.
The Commission also made requests to the National Election Commission to
make access to the polling places more convenient for the persons with
disability during the presidential election on December 19 and the municipal
election on June 13, and to place social workers who could help the persons
with disability in order to cope with the current events in a timely manner as
discrimination would appear during such events.