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Opinion on the Proposed Enforcement Ordinance of the Anti-Discrimination against and Remedies for Persons with Disabilities Act [2007] KRNHRC 23 (10 April 2007)

The Commission presented opinion that the Minister of Health and Welfare should
revise some clauses of the Enforcement Ordinance of the Anti-Discrimination against and
Remedies for Persons with Disabilities Act, which was proposed by the Ministry of Health
and Welfare in order to enforce the Anti-Discrimination against and Remedies for Persons
with Disabilities Act published on April 10, 2007.

First, the Commission stated that "overseas education organizations" specified in Article
4.2 should be limited to overseas organizations that meet education purposes defined in the Act.

Second, the Commission noted that some words used in Article 8.1 (Article 8 on
Regulation of Education Institutions in Phases) should be changed, because they are not
appropriate, and that an additional clause, "All education institutions should provide fair
convenience" should be inserted to clearly interpret Article 8.1. It also said that Article 8.2
(Imposing Obligations on Education Institutions Not Designated) should be deleted,
because the article exceeds the scope of delegated legislation, and that education facilities
to be regulated by the Act in phases should be listed in Appendix.

Third, the Commission stated that in relation to facilities use and access, the definition
and scope of facilities in Article 7 should be expanded to include "existing buildings," in
phases, and fair convenience defined in Article 12 should include relevant services.

Fourth, the Commission noted that Articles 15 and 16 (Movement and Transportation
Means) should include and complement transportation means and convenience facilities
defined in the Enforcement Ordinance of the Act on Transportation Improvement for the
Transportation Disadvantaged, and fair convenience should include relevant human services.

Fifth, the Commission stated that as for Article 14.2 (Driver's License Test), "driving
education facilities for people with disabilities" should be changed to "driving education
facilities," and "can apply for" to "should apply for."

Sixth, the Commission said that, in relation to Article 15.2.1, means for electronic
information access should not be limited to websites, and more concrete means of access
Chapter 1 Improvement of Laws, Policies and Practices 37
should be specified. It also noted that the scope of events hosted by public organizations
defined in Article 15.4 should be expanded and an additional clause on detailed services to
support Article 15.4 should be inserted.

Seventh, the Commission said that Article 16.3 (When to Designate Cultural and Art
Service Providers) should be revised to accelerate the designation time, and that Footnote 4
should be adjusted, because benefits of designation of cultural and art service providers in
phases were not clear.

Eight, the Commission mentioned that the time of sports facilities designation in phases
defined in Footnote 5 of Article 17.3 should be reduced to 1, 3, or 5 years after the Act
would take effect, and the term of "national and public facilities of local governments"
should be changed to various facilities defined in the Enforcement Ordinance of the Act on
Sports Facilities Installation and Use, as the term had no clear legal definition and was not
appropriate to use in the Enforcement Ordinance.

Lastly, the Commission noted that an additional clause should be inserted to ensure that
women with disabilities working in a company with no obligations to establish a
workplace daycare center, in accordance with the Enforcement Ordinance of the Act, are
also given workplace daycare service or any other service equivalent to daycare service.