Restrictions on Wheelchair Users at Kids' Cafes Constitute Discrimination against Persons with Disabilities
□ On 27 March 2025, the National Human Rights Commission of Korea (hereinafter referred to as the “NHRCK”) issued a recommendation to the CEO of ◎◎◎◎◎ Co., Ltd., advising that persons with disabilities who use assistive devices such as wheelchairs be permitted to use their personal assistive devices when accessing ◎◎◎◎◎ Kids Cafe (hereinafter referred to as the “respondent business”).
□ The complainant, a wheelchair user, purchased an admission ticket to the facility from the on-site manager (hereinafter referred to as the “respondent”), but was informed that wheelchair users were restricted to certain designated areas. The complainant subsequently cancelled the ticket and filed a complaint with the NHRCK.
□ In its response, the company’s head office cited Article 17-3, Paragraph 1, Subparagraph 4 of the Act on the Safety Control of Children's Playground Facilities, claiming that the presence of wheelchairs could potentially pose a risk of harm or danger to other users or interfere with safety management at the playground. However, the Ministry of the Interior and Safety, the competent authority for the enforcement of the Act, clarified that the use of (electric) wheelchairs does not fall under the category of restricted actions under the cited provision. ◇◇ City, the local governing body, also confirmed that no municipal ordinance prohibits the use of (electric) wheelchairs in children's play facilities.
□ The NHRCK’s Committee on the Rights of Persons with Disabilities, chaired by Standing Commissioner Nam Kyu-sun, concluded that the complainant had been subjected to differential treatment—such as restriction, exclusion, segregation, and denial of access—on the basis of disability. Accordingly, the Commission recommended that the company take corrective measures in accordance with the Act on the Prohibition of Discrimination against Persons with Disabilities and the Remedy for Infringement of Their Rights.
○ According to the respondent, unlike other adults accompanying children—who were allowed to observe and assist with play activities—the complainant was restricted to non-play areas, such as the café. The complainant's decision to cancel the admission and forego use of the facility was therefore the result of an unavoidable consequence of needing a wheelchair.
○ Moreover, the Commission found no legal or regulatory grounds supporting the restriction of wheelchair use within the respondent business. It also concluded that equating the presence of wheelchairs to that of general vehicles or large fixed equipment in terms of risk was unfounded, and therefore, the respondent’s reasoning was not justified.
○ The respondent further asserted that, to prevent safety incidents, the facility requires users to wear non-slip socks or slippers and to leave strollers outside. However, the NHRCK considered that these requirements appear to be aimed at ensuring sanitary condition in playing area. Consequently, the Commission suggested that alternative measures—such as providing disinfectant spray for wheelchair wheels or portable cleaning devices—could be implemented to accommodate wheelchair users when
entering carpeted areas beyond the rest zones.
