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Review of the background of the law against discrimination against persons with disabilities and measures to ensure effectiveness

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(2), pp.253-292
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 20, 2021
  • Accepted : May 17, 2021
  • Published : May 31, 2021

Jeong-Hee Jeong 1

1선린대학교

Candidate

ABSTRACT

Currently, the number of registered disabled people in Korea is continuously increasing. As types of disabilities are diversified, demands for related policies are also diversifying. In order to meet this policy acceptance, policies for the disabled are also being strengthened to keep pace with the dynamic environmental changes in Korean society. The Act on the Prohibition of Discrimination against Persons with Disabilities began with a legislative movement of the disabled themselves in the reality of severe discrimination against persons with disabilities in our society, and laid an important foundation for upgrading human rights in quality. Accordingly, the anti-discrimination system for the disabled is based on the goal of eliminating prejudice against the disabled (social cold eyes) and improving the social environment and inducing equal employment with the non-disabled in terms of opportunity equality. Based on the social model, the law has become a groundbreaking foundation for shifting the paradigm from 'benefit and consideration to human rights' throughout our community's policies on the disabled. However, despite the long passage of the law, the blind spot of the law still exists in the labor market, which does not extinguish discrimination against the disabled and parasites them like poisonous mushrooms. In addition to improving awareness of the prohibition of discrimination against employment of persons with disabilities, it is necessary to enhance the system's problems and measures to improve the mandatory employment of women with disabilities and persons with severe disabilities. Article 11 of the Constitution stipulates that "all people are equal before the law," and Article 10 states that "all people have the dignity and value as human beings and the right to pursue happiness." People with disabilities are also citizens of our nationality. Therefore, we should not be discriminated against because of non-disabled people and disabilities, and we believe that we have the same right to live equally and happily. This is not wrong with non-disabled people, but for innate and acquired reasons, there is only physical and mental discomfort in life. Disabled people are also warm neighbors and members of our community. Thus, beyond prejudice and discrimination against disabled people, disabled people are not the only ones with disabilities. They can have more diverse abilities than disabilities than non-disabled ones. Disabilities should be eliminated in our society, and the main focus of this discussion is on achieving a welfare society where they are given enough opportunities for jobs suitable for their ability in the fourth industrial era. The development process of this paper focused on the relief of rights through the Court (Judges), which is called the Last Rights Relief Organization (Boru), as a means of rights relief against discrimination against persons with disabilities, with the concept of disabilities (justification). After the enforcement of the Anti-Discrimination Act, the court's ruling (judgment) aims to identify how and how legitimately the law is applied to ensure the effectiveness of the law in the future. In addition, disabled women have a special desire for non-disabled people due to their biological and social characteristics, as well as dual status as socially disadvantaged. The issue of discrimination against them needs to be re-examined in connection with various related laws, as well as problems of the same law (weakness-corrections), particularly by inserting health and educational rights into implications (sinterpretation) sections.

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