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The Scope of “Reasonable Accommodation” under the ｢ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES AND REMEDY AGAINST INFRINGEMENT OF THEIR RIGHTS｣: Focusing on the Obligation of Priority Reservation of Accessible Rooms for Persons with Disabilities

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2025, 8(2), pp.169~198
  • DOI : 10.22976/JHRS.2025.8.2.169
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : November 16, 2025
  • Accepted : December 17, 2025
  • Published : December 31, 2025

Yi, Ju Heon 1

1법무법인(유한) 안팍, 변호사

Accredited

ABSTRACT

This study examines the concept and scope of “reasonable accommodation” under the ｢ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES AND REMEDY AGAINST INFRINGEMENT OF THEIR RIGHTS｣ and analyzes the legal basis through which an obligation to prioritize reservations of accessible guest rooms for persons with disabilities may be derived within the current legal framework. A recent controversy in Korea concerned whether a hotel’s policy of allowing non-disabled guests to reserve accessible rooms without restriction constituted discrimination under the above Act. The National Human Rights Commission of Korea (NHRCK), in evaluating the scope of the statutory duty to provide reasonable accommodation concluded that the hotel’s practice did not discriminate. The NHRCK reasoned that the current legal framework imposes only an obligation to install accessible guest rooms and contains no explicit provisions establishing a duty of priority reservation or room-allocation rules for persons with disabilities. This conclusion rests on Article 18 of the Act and Article 12 of its Enforcement Decree, which stipulate that the “content and installation standards of reasonable accommodation to be provided by facilities owners or managers” follow Annex 2 of the Enforcement Decree of the ｢ACT ON THE GUARANTEE OF CONVENIENCE PROMOTION OF PERSONS WITH DISABILITIES, SENIOR CITIZENS, PREGNANT WOMEN AND NURSING MOTHERS｣. Based on this reference, the NHRCK appears to have determined that the hotel’s compliance with installation standards alone sufficed to meet the duty of reasonable accommodation. However, this decision may be understood as insufficiently distinguishing between the legal nature and regulatory scope of the “obligation to install accessible facilities” under the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Senior Citizens, Pregnant Women and Nursing Mothers and the “duty to provide reasonable accommodation” under the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of Their Rights. Interpreting the duty of reasonable accommodation within the same framework as a mere installation obligation may, in turn, lead to an interpretation that falls short of ensuring the substantive protection of the rights of persons with disabilities. Drawing on prior scholarship and a comprehensive review of the UN Convention on the Rights of Persons with Disabilities (CRPD), the domestic statutory framework, and relevant judicial precedents, this article argues that “reasonable accommodation” under the Act should be interpreted to encompass not only the installation of physical facilities but also the operational and procedural measures necessary to ensure that persons with disabilities can meaningfully access and utilize services.

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