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National Human Rights Commission of Korea - Complaint Summaries

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Opinions on Mandatory Employment of Persons with Disabilities [2004] KRNHRC 6 (1 January 2004)

Opinions on Mandatory Employment of Persons with Disabilities

The applicable enforcement decree and enforcement regulations were prepared in accordance
with the revisions to Persons with Disabilities Employment and Vocational Training Act.
The Commission clearly stated that the quotas for mandatory employment of persons with
disabilities should be raised and that the government and government agencies should fulfill
the mandatory employment quotas under the law in order to correct discrimination in
employment against persons with disabilities.

Noting that some specific occupational categories of central and local governments do
not apply the mandatory employment quotas of persons with disabilities comprehensively
without giving consideration to the degree and type of disability, which is premised on the
discriminatory conception that the persons with disabilities are less productive, the
Commission expressed opinions that the provisions concerned should be deleted from the
Enforcement Decree and that it is desirable to revise the preceding law, which provides
grounds for the said provisions.

The Commission communicated opinions that the bill on the amendment to the Enforcement
Regulations should stipulate that persons whose qualifications are verified, such as those
with vocational rehabilitation training and vocational instructors' licenses under the Special
Education Promotion Act, be classified as professional personnel for vocational rehabilitation
of persons with disabilities so that the position and interests of persons with disabilities can
be better reflected.


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