S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 48, Number 1/4 (2007)
장애인의 교육시설 접근권 -서울중앙지방법원 2002. 7. 26. 선고 2001가단76197 판결- : The Access-Rights to Educational Facilities of the Disabled
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.48 No.1, pp. 450-466
- 장애인 접근권 ; 장애인 이동권 ; 교육시설 접근 ; 장애인의 편의증진보장에 관한 법률 ; The access-rights of the disabled ; Access to educational facilities ; The Act on Installation of Convenience Facilities for the Disabled ; The disabled
- The court dealt with a case concerning the welfare of individuals with
physical disabilities a few years ago. The decision that the court made was
about a disabled university student who brought an action against the university
she attended because of physical and psychological damages caused by the
insecurity and discomfort of the universitys educational facilities. She argued
that she could not be equally educated with non-disabled students.
The court ruled that a contract was concluded between the university and the
disabled student and according to the contract, the university is obliged to ensure
that the student have an equal and adequate education with non-disabled students
at the university. The court reached its conclusion based on the obligation of
care deduced from contractual duty.
Unlike an approach based on the principle of breach of legal contracts as the
court did with relation to welfare of the physically disabled, inquiring directly
whether the university had infringed its legal obligation or not based on the
access-rights of disabled people would be a more desirable approach in this case
and in related cases.
People with disabilities have their rights, namely access-rights which have been
proved to be a concrete right based both on the Constitution and on laws
regarding disability rights such as the Act on Installation of Convenience
Facilities for the Disabled. For that reason, authorities or public entities have the
obligation to guarantee access-rights for the disabled. When access-rights are
violated as stated under the Act, they shall pay damages due to non-fulfillment
of their feasance duties. Furthermore, if the state or proprietors of convenience...