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Investigation and Remedies of Discriminatory Practices Based on Disability [2005] KRNHRC 16 (28 March 2005)

Discrimination on the basis of disability any act of exclusion, discrimination, or
unfavorable treatment of a particular person in employment or education based on
disability. The prohibited practices of discrimination based of disability includes
1) employment (including recruitment, appointments, training, assignment of tasks,
promotions, payment of wages, and payment of commodities other than wages, age,
retirement, and dismissals, etc.);
2) supply or use of goods, services, transportation, Investigation and Remedies of
Discriminatory Practices 75 commercial facilities, land, and residential facilities; and
3) use of educational facilities or vocational training institutions.
All practices that serve to disadvantage persons with disabilities or practices of exclusion,
discrimination, and unfavorable treatment to persons with disabilities without reasonable grounds,
such as refusing to treat equally the disabled and non-disabled in the above mentioned three
categories can be considered as a discriminatory practice.

Improvements in Law Regulating Election Publicity Materials Using Braille Points
The Act on the Election of Public Officials and the Prevention of Election Malpractices
imposes equal standards on the size and weight of both general election publicity
materials and election publicity materials in Braille. However, this regulation fails to
consider the unique characteristics of braille points; using the regulation-size braille
points would make it impossible to get the same message across in full length, thus
forcing the use of excerpts instead.

A petition was filed requesting that the regulation be amended to resolve discrimination
against visually impaired persons. Specifically, the complainant asked for the
permission to use conventional Braille materials that will include the entire original
contents of election publicity rather than just the excerpts.

The Commission found that it takes three times the space of ink prints for braille points
to convey the same message, and that it must be printed on heavier and thicker paper.
The current law limiting the number and weight of braille points material equal to
general publicity material was determined unreasonable and thus in violation of the
right of visually impaired persons to equality.

On March 28, 2005,the Commission recommended the Commissioner of National Election
Commission and President of the National Assembly to amend the law that restricts the
number of pages and weight of election publicity material in Braille. In response, the
Commissioner of National Election Commission accepted the Commission's
recommendation and amended the Regulation on Administration of Public Elections.