장애인의 교육시설 접근권 -서울중앙지방법원 2002. 7. 26. 선고 2001가단76197 판결-

Abstract

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...