ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES AND REMEDY AGAINST INFRINGEMENT OF THEIR RIGHTS
CHAPTER IV INSTITUTIONS IN CHARGE OF REMEDIES OF DISCRIMINATION FOR DISABLED PERSONS AND SAFEGUARDING OF RIGHTS, ETC.
조문단위인쇄
| Article 43 (Order for Correction) |
| (1) | The Minister of Justice may issue an order for correction ex officio or upon request by a victim if any person having received a recommendation under Article 44 of the National Human Rights Commission Act due to a discriminatory act prohibited under this Act fails to comply with such recommendation without justifiable grounds, falls under any of the following subparagraphs, and the damage therefrom is deemed to be considerable and has a significant effect on public interest: |
| 1. | Failing to comply with a recommendation in relation to discriminatory acts against multiple victims; |
| 2. | Failing to comply with a recommendation in relation to repetitive discriminatory acts; |
| 3. | Failing to comply with a recommendation for giving disadvantages to victims on purpose; |
| 4. | Cases otherwise requiring an order for correction. |
| (2) | With regard to an order for correction under paragraph (1), the Minister of Justice may order a person who has committed a discriminatory act prohibited under this Act (hereinafter referred to as "discriminator") to take any of the following measures: |
| 1. | To discontinue the discriminatory act; |
| 2. | To restore the harmed person to the original state; |
| 3. | To take measures to prevent further recurrence of discriminatory acts; |
| 4. | To take other measures necessary for rectifying discriminatory acts. |
| (3) | The Minister of Justice shall issue an order for correction under paragraphs (1) and (2) in writing with detailed grounds for such order and have it delivered to both the discriminator and the victim. |
| (4) | Necessary matters concerning the period and procedures for and the methods of the Minister of Justice's issuing measures for rectifying discriminatory acts shall be prescribed by Presidential Decree. |