The National Human Rights Commission of Korea recommends that financial institutions provide materials in Braille for those visual disabilities
The National Human Rights Commission of Korea (NHRCK) recommended recently that financial institutions should provide materials in Braille for those with visual disabilities. This recommendation comes as a response to a complaint filed in April of 2007 against "D" Incorporated, for having denied the complainant’s request for materials in Braille.
The complainant, a male known as "Cho," has a grade 1 visual impairment. The complainant attended a general meeting for stockholders of “D” Incorporated in March 2007 and requested the company provide relevant materials (business reports, proceedings, agenda, etc.) in Braille. However, the company refused the request and instead, suggested an audio recording of the materials. The complainant rejected the offer, believing that the company’s failure to provide materials in Braille constituted as discrimination against persons with visual disabilities.
The respondent, “D” Incorporated argued that there was no precedent for providing materials in Braille for a general meeting for stockholders. According to the company, it did not accept the complainant’s request because providing such materials in Braille would incur excessive time and cost and was likely to damage the interests of the other stockholders, while compromising the operational efficiency of the meeting.
The Commission concluded that (i) persons with disabilities are entitled to participate in political, economic, social, cultural, and other activities on equal terms as persons without disabilities; (ii) when persons with disabilities cannot perform specific activities due to their disabilities, “reasonable accommodation” must be provided so that they may be assured of equal participation just like persons without disabilities; and (iii) although enterprisers may be exempt from the obligation to provide “reasonable accommodation” under justifiable circumstances, such as “excessive burden,” a decision on what constitutes excessive burden must be made in the overall consideration of: circumstances surrounding persons with disabilities in specific situations, the enterprisers’ obligation to provide accommodation, comparison of the cost and benefit of providing accommodation, and the availability of other types of accommodation. The Commission stated clearly that the purported excessive cost is not prima facie justification for denying requested accommodation.
Article 11(1) of the Constitution provides that nobody shall be discriminated against in all areas of political, economic, social, and cultural life. Article 4(1) of the Welfare of Disabled Persons Act stipulates that persons with disabilities are entitled to have their human dignity and value respected and to treatment commensurate therewith. Article 4(2) of said Act provides that persons with disabilities, as members of the state and society, have the right to participate in political, economic, social, cultural, and any other activities. Article 8(1) of said Act states that nobody shall be discriminated against on grounds of disability in all areas of political, economic, social, and cultural life and that discrimination against persons with disabilities shall be prohibited.
Article 2 of the Convention on the Rights of Persons with Disabilities provides that discrimination on the basis of disability means any distinction, exclusion, or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. This includes all forms of discrimination, including denial of reasonable accommodations.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for residents, along with educational initiatives for organizations.
