시설 이용에서의 차별과 국가인권위원회의 과제

Abstract

The National Human Rights Commission of the Republic of Korea makes the 10th anniversary. In the meanwhile, the Commission has contributed to protection and promotion of human rights and realization of democracy by eliminating of human rights abuses and correcting of discriminatory practices. According to the National Human Rights Commission Act, discrimination is forbidden, and such discrimination means preference, exclusion or distinction and occurs where one person is treated less favourably than another is. Areas where discriminatory practices are forbidden are classified into four categories: employment, provision of goods and services, facilities and sexual harassment. The area of facilities includes public transportation, commercial facilities, land, residential facilities, educational institution and vocational training institute. The most of discriminatory practices in the area of facilities occurred in educational institution and were based on disability. It is possible and necessary to enact various laws to prohibit discrimination according to different areas of discrimination, but it is impossible or undesirable to enact various laws to prohibit discrimination according to different grounds of discrimination. The Commission applied the principle of proportion (prohibition of excess) in control of discriminatory practices in the facilities area. However, the principle of prohibition of arbitrariness is required to be applied in control of discriminatory practices because control of human rights abuses and control of discriminatory practices have to be divided. The reasonableness is the essence of control according to the principle of prohibition of arbitrariness. The Commission as one and only discrimination correction institution is required to become a substantial constitutional institution by providing objective and persuasive standards through generalizing and classifying criteria for reasonableness that are recognized in various concrete cases.