Revising the Disability Discrimination Act to Alleviate Burdens on Small Self-Employed Businesses

From January Next Year, a 30 Million Won Fine for Not Installing "Barrier-Free Kiosks"
Floor Replacement and Communication Methods Also Required

The government is reviewing the entire Enforcement Decree of the “Act on the Prohibition of Discrimination against Persons with Disabilities” (Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of their Rights) as it prepares measures to ease the burden of “barrier-free kiosks.” If things continue as they are, small self-employed business owners running “solo” stores will have to bear the burden not only of converting to kiosks but also of replacing the store floors starting from January next year. Given the worsening domestic demand and the unprecedented burden on small business owners, the government plans to revise related laws to postpone their application and establish specific guidelines.

According to related ministries on the 17th, the Ministry of Economy and Finance, the Ministry of Health and Welfare, and the Ministry of Science and ICT will undertake a reorganization of the Enforcement Decree of the Act on the Prohibition of Discrimination against Persons with Disabilities with these contents. According to the Enforcement Decree, self-employed business owners must replace kiosks installed in their stores with terminals equipped with barrier-free functions by January next year. Failure to convert will result in a fine of 30 million won. Barrier-free kiosks refer to unmanned information terminals equipped with functions such as voice output, facial recognition, sign language video guidance, and braille blocks, considering the accessibility of socially vulnerable groups such as persons with disabilities and the elderly.

The government views the burden on small self-employed business owners as excessively large. According to the Enforcement Decree, self-employed business owners must replace not only the kiosks but also the flooring inside the store. The Enforcement Decree stipulates that flooring made of materials distinguishable from other floors must be installed so that visually impaired persons can detect it, and communication means necessary during kiosk error occurrences must also be provided. Space must be secured for wheelchair access, or if there is no separate space, software that allows physical operation must be installed.

Conflicts with the Basic Act on Intelligent Informatization, which was prepared with the same intent, are also problematic. The Basic Act on Intelligent Informatization, which will be enforced from the 27th, was also enacted to prevent the exclusion of the elderly, persons with disabilities, and others unfamiliar with digital technology, similar to the Act on the Prohibition of Discrimination against Persons with Disabilities. However, unlike the Enforcement Decree of the Act on the Prohibition of Discrimination against Persons with Disabilities, if software compatible with barrier-free kiosks, such as auxiliary personnel placement or voice guidance services, is provided, this is also recognized as the installation of barrier-free kiosks. A government official explained, “The Basic Act on Intelligent Informatization has a relaxed regulatory level,” adding, “Although the intent is the same, the difference in regulatory levels means that this issue must be aligned.”

The government plans to revise related laws and establish guidelines through discussions among related ministries. In particular, considering the heavy burden on small business owners due to sluggish domestic demand, postponement of enforcement is also being considered. A government official said, “Barrier-free kiosks cost about three times more per unit than regular kiosks,” adding, “For example, in the case of a neighborhood chicken restaurant, self-employed business owners with around seven tables are concerned that they would have to remove about four tables to install barrier-free kiosks.” He continued, “Moreover, when floor replacement and other obligations are mandated, the immediate burden to be borne is too great, and this is being taken into consideration.”