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Gender Discrimination against in Supply of Goods [2003] KRNHRC 42 (30 June 2003)

The complainant filed a petition with the Ministry of Construction and
Transportation. The respondent argues that the provisions of the `Enforcement
Decree on Liability for Damages due to Automobile Accidents,' which states
`when damages such as facial scars due to automobile accidents occur, payment
of three million won to male victim and 12 million won to a female victim shall
be made' constitutes gender discrimination.

The Commission found that even after consideration of the intent of
legislation, under which different amounts of compensation are paid to males
and females based on the socially accepted idea that the degree of mental pain
and restrictions on type of occupation caused by unpleasant facial appearance
are greater with women than men "in cases where clearly visible facial scars
remain," the provisions of the above said decree violate the right of equality
without reasonable grounds. Given that the provisions are not medically
feasible, facial sequela handicap causes pain and damage to both males and
females, and similar laws such as the `Enforcement Decree of State Liability' and
`Enforcement Decree of Liability Insurance in Industrial Accidents' do not
discriminate against men and women, the provision of the `the Enforcement
Decree of `Liability for Damages due to Automobile Accidents' is found to
violate the right of equality without reasonable grounds. Thus, the Commission
recognized that the classification of sequela handicap and different levels of
compensation for men and women prescribed in `Attachment 2' relating to
Article 3 of the Enforcement Decree of `Liability for Damages Due to
Automobile Accidents' is in violation of right of equality under Article 11 of
the Constitution.

Accordingly, on June 30, 2003, the Commission recommended that the
respondent organ revise the rules such that the discriminatory provisions
regarding classification of sequela handicaps and limits on compensation should
be eliminated. The respondent organ accepted the recommendation.