NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 remedy for discrimination in access to and use of public facilities(February 10, 2022).” 7 Article 18 (4) of the Act on Prohibition of Disability Discrimination prohibits discrimination against persons with disabilities in access to and use of facilities and states that the scope of facilities obligated to provide reasonable accommodation shall be prescribed by Presidential Decree. However, as the government applied Article 3 of the Enforcement Decree of the Disability Convenience Act, most of the private daily-life facilities open to public use have been excluded from facilities subject to the obligation to install convenience facilities due to the criteria of more than 300㎡ of floors sizes such as supermarkets, general restaurants, best restaurants and bakeries. With regards to the provision on the scope of facilities of the Enforcement Decree of the Disability Convenience Act, the court declared that this provision is invalid because it deviates from the scope of the mother law, which guarantees access of persons with disabilities to all areas of life, infringes the right to pursue happiness and general freedom of action of persons with disabilities, and violates the principle of equality. Therefore, the government should push for a revision of the act again in consideration of a court’s decision. ㅇ In addition, with regards to playgrounds, which are public facilities, there is no legal basis for playgrounds to children with disabilities can access.8 As of 2021, 76,858 playgrounds nationwide are registered in the safety management system for children’s play facilities of the Ministry of Interior and Safety, but there are only 20 inclusive playgrounds for children with and without disabilities (0.03%). □ Recommendations ㅇ The Enforcement Decree of the Disability Convenience Act should be amended so that public facilities become obligated to install convenience facilities regardless of the size or construction year. ㅇ For other public facilities, abolish the provision on size criteria subject to the obligation to install convenience facilities so that newly constructed buildings become subject to obligation regardless of the size, and even for facilities installed before the enforcement of the Act in 1998, separate provisions on installation and 17