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【Main Issues and Holdings】
Whether the right of access for persons with disabilities is a constitutionally guaranteed fundamental right (affirmative) and requirements to concretize the right of access for persons with disabilities as a right to actively demand the installation of specific facilities and equipment that can ensure equal access as enjoyed by persons without disabilities to the State or private persons and the State’s obligations
Where an administrative agency fails to fulfill its obligation to strengthen legislation to guarantee the right of access for persons with disabilities without any justifiable ground, whether such act can be seen to constitute an unlawful omission of administrative legislation (affirmative)
Requirements to recognize the State’s liability for damages arising from an unlawful omission of administrative legislation
Where the right of access for persons with disabilities is violated, whether the State has an obligation to pay compensation for mental distress 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 an unlawful omission of administrative legislation
Matters to be considered by the court when calculating the amount of compensation for damages resulting from the failure to fulfill administrative legislation duties
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