장애인차별금지법상의 웹 접근성 준수 여부 판단 기준 정립 필요성과 손해배상책임에 관한 검토

Abstract

Since the Disability Discrimination Act of Korea was enacted, statutory liabilities from and meaning of web accessibility under the Disability Discrimination Act of Korea have attracted growing attention in Korea as shown in lawsuits for damages and rectifications against hospitals and airlines as such on the grounds that such parties have not provided enough web accessibility required to persons with disabilities. However, it is not clear to say the Disability Discrimination Act and its Enforcement Decree have the definitive standard to determine whether such parties have provided enough web accessibility required to persons with disabilities. Notwithstanding various standards (guidelines) set out in different institutions and groups, the loophole in the Disability Discrimination Act and its Enforcement Decree related to definitive standard gives more rise to a confusion in choice of and application of the standards. It is important to formulate the definitive standard related to web accessibility in the Discrimination Act and its Enforcement Decree to secure the right to access web site by persons with disabilities in the information- oriented era as well as to achieve the purpose of the Disability Discrimination Act. Applying various guidelines produced by different institutions and groups and by different situations is unpredictable and creates more confusion. The persons with disabilities have experienced difficulties in choosing the right standards. The parties who operate web site have also experienced difficulties in compliance with the non-definitive standards because they are required to provide web accessibility to persons with disabilities but any failure in providing web accessibility causes statutory liabilities and criminal/ regulatory sanctions. The formulation of the definitive standard will eliminate any difficulties in choosing standards by persons with disabilities and parties to operate web site and provide its accessibility. We expect that the formulation of the definitive standard will guide persons with disabilities to make more easy to seek for damages or rectifications from the failure of the party providing web accessibility so as to contribute the more solid protection on the right of persons with disabilities.