o National Human Rights Commission of Korea concluded that the decision of A restaurant to restrict access of children under the age of 13 is discrimination based on age and recommended the owner of the restaurant not to restrict access of children.
o The complainant visited A restaurant with his family including 9 years of child and the restaurant asked the complainant and his family member to leave the restaurant as children under the age of 13 are not allowed to access the restaurant. The complainant filed a complaint to NHRCK for discrimination aganst children.
o The respondent stated that it decided to limit access of children under the age of 13 after experiencing safety accident and trouble with other customers because of some of kids and their parents.
o NHRCK acknowledged that the owners of commercial facilities aim for maximum profit creation and they are guaranteed with the freedom of occupation under article 15 of the Constitution. However that right is not guaranteed without any restriction and there has to be a reasonable ground to fundamentally exclude specific group from specific place or in usage of specific service. In particular, A restaurant is an Italian restaurant that provides pasta and steak and is not a place harmful to physical and mental health of child and using the restaurant does not require specific ability or attention, and there is no reason to link access to the restaurant with the age of customers.
o NHRCK also noted that not every child or parents with child are causing others damage, and there are people came without child who are causing troubles with rude behavior. It concluded that thus it is generalization without reasonable ground to limit access of child and parents with child to the restaurant.
o UN CRC in the General Comments released in 2013 expressed its concern on decreasing tolerance on children in public facilities around the world and limit of access of child to community, park and shopping center, which led to creation of a perception that child is a trouble maker. It also emphasized that such exclusion of child negatively impact the child to mature as a member of society.
