earticle

영어

The constitutional law allows a reasonable discrimination. Reasonable discrimination does not infringe on the equal rights because of legitimacy. But reasonable discrimination is not exception of the discrimination but only one of the discrimination forms. The disabled persons act provides various forms of discrimination and it seems to explains that the there is no discrimination with the judgement of reason in discrimination. the disparate impact is one kind of discrimination in the view of equal right. So if there is reasonable in the disparate impact, it is not that discrimination don't exist, but the permitted, reasonable discrimination exists. When the court judge the discrimination of disabled persons in the industrial relation, they should consider the existence of discrimination, the legitimacy of discrimination in the view of the principle of proportion and undue hardship that means significant difficulty or expense in turn.