장애인 고용차별금지 법제의 운용사례에 관한 국제비교 ― 합리적 편의제공 의무를 중심으로 ―

Act on non-discrimination against disabled people and remedy has been enforced since 2008 in Korea. This Act regards employer's refusal to provide disabled people with a just accommodation without justifiable cause as a discrimination against disabled people. Justifiable cause includes a undue burden or substantially difficult circumstances in this Act. The purpose of this study is to provide some guidance on the interpretation and application of the just accommodation provision in this Act. This study adopts a comparative approach, considering the operation of the Americans with Disabilities Act in the US and the Disability Discrimination Act of the UK which have a longer history of working with the reasonable accommodation. This study addresses the following issues. Issue 1: When is the duty of a reasonable accommodation triggered? Issue 2: What constitutes reasonable accommodation? What limits exist to the making a reasonable accommodation? Each issue is examined separately, and both theoretical issues and existing legal provisions are addressed.