Background and Necessity of Government Intervention

Background and Necessity of Government Intervention

1) Disability Awareness Education in the Workplace

(1) The Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities has been amended to require employers to implement disability awareness education in the workplace. The Minister of Employment and Labor is granted authority to inspect the results of such training. Additionally, specific details such as the content, methods, and frequency of the training are to be defined by Presidential Decree. Therefore, clear regulations on these aspects are necessary.

(2) If there is no minimum requirement for the frequency of training in order to reduce the burden on employers, there is a risk that the training may not be conducted at all. This would contradict the purpose of the legal revision. Hence, it is necessary to stipulate that disability awareness training in the workplace be conducted at least once per year. Similarly, social awareness education under the Welfare of Persons with Disabilities Act and sexual harassment prevention education under the Gender Equality in Employment and Work-Family Balance Act are also required to be held at least annually by law.

(3) In order to achieve the legal goal of promoting employment for persons with disabilities through awareness education, relevant content must be included in the training. To ensure consistent nationwide education, it is advisable to set limits on the scope of educational content. Educational materials already available through the Ministry of Health and Welfare or the Korea Employment Agency for Persons with Disabilities should be utilized.

(4) Simply distributing or posting training materials and conducting simplified training sessions should not be considered sufficient to meet mandatory education requirements, as this would undermine the effectiveness of the education. However, to ease the burden on small businesses (with fewer than 50 employees), simplified training may be accepted for employers not subject to disability employment obligations.

2) Expected Effects

(1) By mandating at least one training session per year, the intended purpose of the revised law can be fulfilled.

(2) Specifying content related to human rights, accessibility, and employment promotion of persons with disabilities helps realize the objectives of the law and ensures consistent education nationwide.

(3) Employers who are not exempt from the duty to employ persons with disabilities (i.e., those with 50 or more employees) will not be considered to have fulfilled their training obligations through simplified training alone, thereby ensuring the effectiveness of the education.