School Found to Have Discriminated by Instructing Student to Find Interpreter Independently
The National Human Rights Commission of Korea has ruled that it is discriminatory for a school operating as an accredited lifelong education institution not to provide sign language interpretation for students with hearing impairments.
On the 27th, the commission announced that it had recommended the school, which instructed a student with hearing impairment to find and bring an interpreter on their own, to provide reasonable accommodations such as sign language or text interpretation. The commission also advised the superintendent of the local metropolitan or provincial office of education, which supervises the school, to allocate and provide a related budget.
According to the commission, the affected student was found to have attended in-person classes accompanied by their child, who was able to use sign language, because interpretation support was not provided. Later, the sign language interpreter who had been assisting the student filed a complaint with the commission on their behalf. The school holds in-person classes only twice a month as part of its credit-bearing program, making it virtually impossible for students to complete the program if they miss classes on attendance days.
The school explained that, although it had inquired with the office of education and external organizations about the possibility of providing interpretation support, there was no system in place to directly provide interpreters. The school further stated that, since classes were held on weekends, it was difficult to secure a regular interpreter, and no related budget had been allocated.
In response, the commission's Committee for the Elimination of Discrimination against Persons with Disabilities pointed out that the school is an educational institution subject to both the 'Act on the Prohibition of Discrimination against Persons with Disabilities, Remedy against Infringement of Their Rights, etc.' and the 'Elementary and Secondary Education Act.' The committee stated, "The lack of a budget cannot be considered a reasonable ground for failing to provide reasonable accommodations." Even if interpretation incurs costs and securing a budget is challenging, the school should have actively sought support measures in cooperation with relevant agencies.
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