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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2023Da255130 Decided March 12, 2026 【Damages (Etc.)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Standards for determining under which type of discrimination in each subparagraph of Article 4(1) of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights a certain act falls, and in cases involving disputes over a refusal to provide reasonable accommodation to persons with disabilities under Subparag. 3, whether it can be seen that the application of “indirect discrimination” stipulated in Subparag. 2 is precluded (negative) [2] Whether “alternative text that provides descriptions of nontext content to enable persons with visual impairments to perceive the meaning and purpose thereof” should be provided so that they can avail themselves of screen readers in order to be constituted as “a website where accessibility is guaranteed to ensure that any person can use the desired service through the website, irrespective of physical or technical circumstances” under Article 21(1) of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights and Article 14(2)1 of the Enforcement Decree of the said Act (affirmative) [3] Points to be noted when determining whether there were justifiable reasons, such as “refraining from any discriminatory act might incur an excessive burden or undue hardship” under Article 4(3)1 of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights [4] Where the court renders judgment ordering affirmative measures to be taken under Article 48(2) of the Act on the Prohibition of Discrimination Against Persons with Disabilities and Remedy Against Infringement of Their Rights, whether the public interest must be weighed against the private interest of all stakeholders according to the principle of proportionality (affirmative), and matters to be taken into consideration when rendering a ruling on affirmative measures that imposes a financial burden on the defendant that is a private entity | |
