ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES AND REMEDY AGAINST INFRINGEMENT OF THEIR RIGHTS
CHAPTER V COMPENSATION FOR HARM, BURDEN OF PROOF, ETC.
조문단위인쇄
| Article 46 (Compensation for Damage) |
| (1) | Any person who has inflicted harm on others in violation of the provisions of this Act shall be responsible for compensating for damage to the person damaged by such violation: Provided, That the foregoing shall not apply where the discriminator proves that there was no intention or negligence for his/her part. |
| (2) | When it is acknowledged that harm has been suffered due to an act in violation of the provisions of this Act but the victim of such discriminatory act is unable to prove monetary loss, monetary gains obtained by the discriminator from such act shall be deemed monetary loss suffered by the victim. |
| (3) | Notwithstanding paragraph (2), if it is difficult to prove such facts as necessary for certifying the amount of monetary loss suffered by the victim of a discriminatory act due to the nature of applicable facts, the court may acknowledge a reasonable amount of loss based on the overall tenor of contentions and the outcome of evidentiary review. |