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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2023Da255130 Decided March 12, 2026 【Damages (Etc.)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Standards for determining under which type of discrimination in each subparagraph of Article 4(1) of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights a certain act falls, and in cases involving a refusal to provide reasonable accommodation to persons with disabilities under Subparag. 3 is disputed, whether it can be seen that “indirect discrimination” stipulated in Subparag. 2 is not applied (negative) [2] To constitute “a website where accessibility is guaranteed to ensure that any person can use the desired service through the website, irrespective of physical or technical circumstances” stipulated in Article 21(1) of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights and Article 14(2)1 of the Enforcement Decree of the said Act with regard to visual impairments, whether “alternative text that provides descriptions of nontextual content for ease of understanding the meaning and purpose thereof” needs to be provided so that users with visual impairments can avail themselves of screen readers (affirmative) [3] Points to be noted when determining whether there were justifiable reasons that “refraining from any discriminatory act might incur an excessive burden or undue hardship” under Article 4(3)1 of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights [4] Where the courts render judgment to take proactive measures under Article 48(2) of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights, whether the public interest must be weighed against the private interest of all stakeholders in accordance with the principle of proportionality (affirmative), and matters to be taken into consideration when rendering a ruling on proactive measures that imposes a financial burden on the Defendant, a private entity | |
