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Affirmative Action under the ‘Act on the prohibition of discrimination against disabled persons, remedy against infringement of their rights, etc.’ - Focused on 2013 GaHap 2599 Judgement Sentenced on July 3rd, 2014 -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(2), pp.81-101
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kim Jong Il 1

1법무부

Candidate

ABSTRACT

The act on the prohibition of discrimination against disabled persons, remedy against infringement of their rights, etc. (hereinafter referred as to ‘Disability Discrimination Act’) enacted in 2007 was an important and significant achievement in line with global trends, and it has been eight years since it was enforced in 2008. While other regulations and roles for disabled persons such as welfare and dispensation are subject to a national budget like general welfare, education, occupational rehabilitation, employment support, etc., the Disability Discrimination Act entails detailed rights that disabled persons can request their protection and relief from any discrimination. In this respect, the Disability Discrimination Act lays the foundation that changes the perception of disability from the medical model to the social one in our society. Clause 2 of Article 4 of the Disability Discrimination Act is regulated that ‘the court can judge on affirmative action, etc. to suspend any discrimination and to improve or correct the employment conditions of a wage, etc. according to the claim of a victim’ for the effective relief of rights if any discrimination for disabled persons has occurred. However, the majority of them result in compensation, settlement, reconciliation, or arbitration instead of affirmative action under the act from 2008 enacted in line with the Disability Discrimination Act up until now. However, although this judgment is shown at the first trial, it is significant that the court applies affirmative action regulated in the Disability Discrimination Act. In addition, it goes one step further in the fact that the actual relief of rights for disabled persons orders affirmative action rather than any monetary compensation as the recovery for any damages that occurs from disability discrimination. This study is aimed at reviewing the meaning of the judgement, the implication and limitation of the Disability Discrimination Act, the encouragement of affirmative action system, etc. through 2013 Gahap 2599 Judgement Sentenced on July 3rd, 2014 (judged to be the affirmative action for the case on disability employment that was rejected).

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