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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court en banc Decision 2022Da289051 Decided December 19, 2024 【Claim for Remedy for Discrimination】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 Whether the right of persons with disabilities to access is a constitutionally guaranteed fundamental right (affirmative) and requirements to concretize the right of persons with disabilities to access as a right to actively demand the installation of specific facilities and equipment that can ensure equal access to persons without disabilities to the State or private persons and the State’s obligations. Where an administrative agency fails to fulfill its obligation to improve legislation to guarantee the right of persons with disabilities to access without any justifiable ground, whether such act can be seen to constitute illegal administrative omission (affirmative) Requirements to recognize State liability for damages due to illegal administrative omission Where the right of persons with disabilities to access is violated, whether the State has an obligation to pay compensation for mental damages suffered by persons with disabilities (affirmative) and matters to be considered in recognizing the obligation to pay compensation for damages where an individual’s rights are violated due to illegal administrative omission Matters to be considered by the court when calculating the amount of compensation for damages resulting from the failure to fulfill administrative legislation duties (negative) Claim for Relief from Discrimination | |
