At a glance
- The use of self-service kiosks has increased significantly in South Korea, and businesses are being required to improve accessibility for individuals with disabilities in line with the Disability Discrimination Act.
- The law will be implemented in phases based on the number of regular employees.
- Businesses are obligated to comply with various measures such as ensuring wheelchair access, installing braille blocks or audio guidance devices, and providing communication methods such as Korean Sign Language, text, and audio.
- Non-compliance can result in investigations by the National Human Rights Commission of Korea, corrective orders, fines of up to KRW30million, and potential civil damages claims from individuals who have suffered harm due to discrimination.
This article has been reproduced with the permission of the authors David Waters, Hee Won (Marina) Moon and Hyo Jin Bae at Kim & Chang.
Following the outbreak of COVID-19, we have observed an increased adoption of self-service kiosks by businesses of all sizes and industries, with the number of kiosks in operation in South Korea reaching approximately 450,000 as of 2022, according to statistics from the Ministry of Science and ICT. The usage of self-service kiosks has expanded to include a wide range of services such as order placement, queue management, office entry registration, parking registration, and payment processing.
In line with the Act on Anti-Discrimination and Remedies for Persons with Disabilities (Disability Discrimination Act) and its accompanying regulations, businesses operating self-service kiosks are required to take specific measures to improve accessibility for individuals with disabilities. These obligations are set to come into effect in phases, starting from 28 July 2024.
In-scope businesses and implementation timeline
Businesses with self-service kiosks are required to provide reasonable accommodations to ensure that individuals with disabilities have equal access to and use of self-service kiosks, as mandated by Article 15(3) of the Disability Discrimination Act.
The law will be implemented in phases based on the number of regular employees:
- For businesses with 100 or more employees, effective from 28 July 2024.
- For businesses with fewer than 100 employees, effective from 28 January 2025.
However, for self-service kiosks already installed before the respective effective dates, the law will not take effect until 28 January 2026.
Obligations
In-scope businesses have the following legal obligations:
- complying with the verification criteria specified in the Guidelines for the Improvement of Information Access and Use for Individuals with Disabilities and the Elderly published by the Ministry of Science and ICT;
- ensuring wheelchair access at the front and bottom of self-service kiosks by providing enough space for wheelchair footrests and knees, or installing assistive devices or software to enable the recognition of visual information on the screen and facilitate physical manipulation;
- installing flooring materials that are distinguishable from other surfaces to be detected by visually impaired individuals;
- installing Braille blocks or audio guidance devices on the front of self-service kiosks;
providing communication methods such as Korean Sign Language, text, and audio to provide assistance to users who may experience malfunctions while using self-service kiosks; and - providing guidance or electronic signals to inform users that self-service kiosks are accessible to individuals with disabilities, along with instructions on how to operate them.
Exceptions
In the case of small-scale facilities with a total floor area of less than 50 square meters, a business is considered to have met the obligations if auxiliary means are available to remotely control self-service kiosks via mobile apps or if support personnel are constantly available to assist individuals with disabilities in using the kiosks.
Penalties for non-compliance
The National Human Rights Commission of Korea (NHRCK) has authority to investigate whether there has been any violation of the Disability Discrimination Act on its own initiative or upon receipt of a complaint, and based on the investigation outcomes, it may recommend remedial measures and announce the results of the investigation and actions taken. Furthermore, if a non-complying entity fails to follow the NHRCK’s recommendations without a justifiable basis, the Minister of Justice may issue a corrective order. Failure to comply with a corrective order is subject to a fine of up to KRW30million.
In addition, an individual with a disability who claims to have suffered harm due to discrimination may seek civil damages from the responsible business. In this case, the Disability Discrimination Act, shifting the burden of proof to the responsible business, requires that business to prove that the discrimination was not based on the disability, or that there was a justifiable basis for the discrimination. Further, even if the victim is unable to prove specific financial damage, it will be presumed that any financial gain obtained as a result of the discrimination is equivalent to the financial loss incurred by the victim (Articles 46 and 47 of the Disability Discrimination Act). Additionally, the court may issue interim measures, such as an order to cease discriminatory action against the victim, before or during the lawsuit (Article 48 of the Disability Discrimination Act).
Recently, officials from the Ministry of Health and Welfare announced plans to investigate the status of discrimination against persons with disabilities related to mobile apps and kiosks in the goods and services sector. Therefore, it is crucial for businesses to be aware of the new legal obligations explained above when installing and operating self-service kiosks and to take appropriate measures to ensure compliance.
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