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Employment in Recruitment on the Grounds of Disability [2007] KRNHRC 8 (1 January 2007)

Citizen "Kim," a person with a 2nd-class physical disability neuro-developmental
disability, filed a complaint with the Commission, contending that he asked "D"
Corporation to extend the test time and allow him the help of others to mark the OMR
sheet or to use a laptop for the employment test because he has difficulty writing due to
shaky hands, but the Corporation rejected his request.

"D" Corporation said, "We have never provided any special conveniences to any
applicant with disabilities regarding testing. If we offered special conveniences to the
complainant only, it would not be fair to other applicants with disabilities. We did not
accept the request from the complainant, because even the Civil Service Commission has
only provided an enlarged answer sheet to applicants and has not allowed applicants to
engage the help of others in filling out the answer sheet."

However, the Commission found that test time was extended, braille and enlarged
sheets were provided, a surrogate answer-sheet marker was allowed, and laptops were
provided for the visually impaired or people with neuro-developmental disabilities in the
Lawyer or Patent Lawyer Examination, teacher license exam, university entrance exam and
some private company employment tests. In particular, the Commission confirmed that the
university the complainant attended had allowed him extended test times and a laptop in
filling out the answer sheet, considering that he had difficulty writing due to shaky hands.
The Commission concluded that it was the employer's responsibility to provide
reasonable accommodation to applicants with disabilities in employment tests to help
people with disabilities receive a fair evaluation, in accordance with the Welfare of
Disabled Persons Act and the Act on Employment Promotion and Vocational

Rehabilitation for People with Disabilities, considering disability degrees, types and
characteristics, and that the responsibility was not conditional or dependent on precedents
or other organizations' cases in providing reasonable accommodation to people with
disabilities in pre-employment testing. The Commission recommended that "D"
Corporation provide reasonable accommodation to people with serious disabilities who
cannot write in employment testing, saying that "D" Corporation discriminated against
people with disabilities.