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Recommended Improvement of Facilities in Violation of Right to Mobility due to Absence of Facilities for Handicapped [2003] KRNHRC 17 (1 January 2003)

The complainant is a teacher of Middle School. Due to a traffic accident, his
left leg is slightly shorter than his right. For the past 26 years as a teacher, he
had to walk up and down the stairs countless times because the school has never
had facilities for the handicapped. As a result, he eventually came to suffer
degenerative arthritis. The complainant filed a petition with the Commission to
request the installation of facilities for the handicapped including an elevator, in
addition to compensation for degenerative arthritis.

After investigation, the Commission found that that absence of convenience
facilities for `the handicapped and the like' is in violation of Dignity and Pursuit
of Happiness as stipulated in Article 10 of the Constitution.
Accordingly, the Commission recommended that
(1) an elevator and convenience facilities for `the disabled person and the other persons requiring
assistance,' in accordance with types of convenience facilities and installation
standards for each facility under Paragraph 1, Article 8 of the Disabled, Elderly,
and the Pregnant Convenience Act' and Article 4 the Enforcement Decree of
the same Act be installed promptly, and that
(2) until appropriate facilities are completely installed, `the disabled and other
persons requiring assistance' will be given priority in selecting schools fully
equipped with convenience facilities at times of appointments, transfers, or admissions to schools.