ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES AND REMEDY AGAINST INFRINGEMENT OF THEIR RIGHTS
CHAPTER II PROHIBITION OF DISCRIMINATION
조문단위인쇄
| Article 26 (Prohibition of Discrimination in Provisions of Judicial and Administrative Procedures and Services) |
| (1) | No public institution, etc. shall discriminate against the disabled persons in relation to the provision of judicial and administrative procedures and services necessary to protect and guarantee their rights, including the right to life, body or property. |
| (2) | No public institution or its employees shall commit any act defined in Article 4 (1) 1, 2, 4 through 6 against the disabled persons in providing judicial and administrative procedures and services. |
| (3) | No public institution or its employees shall engage in any of the following discriminatory acts in performing their duties or exercising their authority: |
| 1. | Restricting, excluding, segregating or rejecting the disabled persons based on their disabilities in permission, reports and approvals without justifiable grounds; |
| 2. | Restricting, excluding, segregating or rejecting the disabled persons in determining selection standards for beneficiaries of public projects without justifiable grounds, or causing unfavorable results to the disabled persons by applying standards not tailored to disabilities. |
| (4) | Each public institution or its employees shall provide judicial and administrative procedures and services to the extent that the disabled persons can use them on a substantially equal basis with persons without disabilities, and shall provide legitimate convenience for that purpose. |
| (5) | If a disabled person requests the provision of legitimate convenience, such as creating and providing forms that he/she can recognize and fill out on his/her own, for participating in judicial and administrative procedures and services, no public institution or its employees shall give the disabled person any disadvantage by denying or arbitrarily processing such request. |
| (6) | A judicial institution shall ensure whether a person related to a case has a disability in communication or expression of opinion, and when such disabled person requests assistance in criminal proceedings, the institution shall not refuse such request without justifiable grounds and take necessary measures therefor. <Amended by Act No. 10280, May 11, 2010> |
| (7) | Each judicial institution shall provide legitimate convenience and affirmative measures to allow the disabled persons to maintain quality of life on a substantially equal basis with persons without disabilities when they are under confinement or arrest. |
| (8) | Necessary matters in relation to the provisions of paragraphs (4) through (7) shall be prescribed by Presidential Decree. |