Generally, the disability anti-discrimination law considers a failure to make a reasonable accommodation as discrimination in addition to general discrimination such as direct discrimination, indirect discrimination, and harassment. And the reasonable accommodation duty is thought to play a key role particularly in the area of employment for persons with disabilities.

However, when making an accommodation would impose a disproportionate burden or undue hardship on the duty bearer, the duty can be exempted. Therefore, public support for the implementation of the duty is required for the substantial fulfillment of the employers’ duty and the guarantee of the rights of persons with disabilities. A legal relationship is also needed between the reasonable accommodation duty and the job accommodation support scheme. This study focuses on this point and aims to propose a strategy for strengthening the reasonable accommodation duty of Korea.

To this end, the interpretation and the principles of application of the reasonable accommodation duty under international norm such as the United Nations Convention on the Rights of Persons with Disabilities and the Employment Equality Directive of the European Union were examined. In addition, we analyzed the actual application of the reasonable accommodation duty in Korea by reviewing cases of the court and the National Human Rights Commission for 10 years, and analyzing job accommodation scheme of Korea. After that, the reasonable accommodation duty and the job accommodation support scheme in the United States, the United Kingdom, and Germany were analyzed and compared with Korea. Based on the results of these analyses, the legislative and the institutional improvement plans for the reasonable accommodation duty of Korea were suggested. 

Abstract ················································································································1

Ch. 1. Introduction ···························································································7

   A. Research Background and Purpose ·················································································9

   B. Research Structure and Method ···············································································12

Ch. 2. Duties of Reasonable Accommodations in International Norms ··········································15

   A. Reasonable Accommodation Duties Stipulated in the UN Convention on the Rights of Persons with Disabilities ······································17

   B. Reasonable Accommodation Duties Stipulated in the European Union's Employment Equality Directive··································36

Ch. 3. Duties of Reasonable Accommodations and Reasonable Accommodations for Employment  in Korea ······················55

   A. The Duties to Provide Reasonable Accommodations in Korea ·······························································57

   B. Interpretations of the Reasonable Accommodation Duties by the National Human Rights Commission and the Supreme Court of Korea ····························································69

   C. The System to Provide Reasonable Accommodations for Employment for Persons with Disabilities ·····················································142

   D. The Current State of Reasonable Accommodations for Employment for Persons with Disabilities ·····················································154

Ch. 4. Duties of Reasonable Accommodations and Reasonable Accommodations for Employment in Selected Countries ··175

   A. The United States ·····································································································177

   B. The United Kingdom ·····································································································205

   C. Germany ·····································································································222

   D. Implications ··································································································245

Ch. 5. Policy Suggestions ··············································································253

   A. Legislative Ways to Imrpvoe the Provision of Reasonable Accommodations  ····························255

   B. Ways to Improve the System to Provide Reasonable Accommodations for Employment for Persons with Disabilities ···············································264

References ···········································································································271