Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Discrimination on the ground of Disability or Medical History [2006] KRNHRC 4 (1 January 2006)

Discrimination on the basis of disability refers to any act of favorable treatment, exclusion,
differentiation or unfavorable treatment of a particular person or a group of particular
persons without reasonable grounds in various areas of social life, including employment,
on the basis that the person has or had a disability. Here, "disability" refers to a state in
which considerable limitations are imposed on day-to-day activities and social activities
over a long period of time due to physical, mental or social factors. Ostracization, physical
bullying, verbal expressions or actions that humiliate or degrade persons with disabilities
or their caregivers in schools, facilities, the workplace, and communities on the ground of
disability may be considered discrimination based on disability.

Discrimination on the ground of medical history means any act of favorable
treatment, exclusion, differentiation or unfavorable treatment of a particular person or a
group of particular persons without reasonable causes in many areas of social life,
including employment, on the ground of medical history of diseases, current disease
state, or health conditions.

Discrimination regarding Use of Restroom on the Basis of Disability
Civilian "Lee" filed a complaint with the Commission contending, "elevators installed
at Janghanpyeong Station and Dapsimni Station on Subway Line 5 go directly to
ground level without stopping at the B1 level, where there is a restroom for the
disabled. This makes it impossible for people with wheelchair reliance to use the
restroom, and is discriminatory for persons with disabilities."

Upon investigation, the Commission found that there was one accessible restroom
for persons with disabilities on the B1 level at both the Janghanpyeong Station and
Dapsimni Station, and that elevators for the disabled and the elderly operate from the
B3 level to the ground level. The Commission also found that the elevators go directly
to the ground level without being able to stop at the B1 level, where the accessible
restroom is located. There are only stairways to the B1 level, and wheelchair lifts had
not been installed. This causes persons reliant on wheelchairs to have great difficulty in
accessing restrooms with proper accomodations for wheelchairs.

The Commission concluded that no providing convenient means for persons with
disabilities to access appropriate restrooms as discriminatory, and recommended that
the president of the Seoul Metropolitan Rapid Transit Corporation improve facilities at
the concerned subway stations.