본문 바로가기
  • Home

A study on the discrimination against persons with disabilities and regulation improvement

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(4), pp.541-580
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 8, 2024
  • Accepted : November 24, 2024
  • Published : November 30, 2024

Lee, Do-Hyung 1

1국민권익위원회

Accredited

ABSTRACT

Discrimination is viewing people as a means rather than an end. In this study, the disabled population is increasing due to diseases and various accidents, and the demand for them is increasing, but Statistical data confirms that discrimination based on disability continues to occur across all areas of society. Act on the prohibition of discrimination against persons with disabilities stipulates that both direct and indirect discrimination(“Applying disability-blind standards that cause persons with disabilities to be unfairly treated without justifiable grounds, despite the absence of explicitly unfavorable treatment, such as restriction, exclusion, segregation or denial;”) are considered discrimination. In this regard, we reviewed the criteria for discrimination presented by case law in each area, such as employment, education, and provision of goods and services, as well as the criteria for excessive burden or significantly difficult circumstances as legitimate reasons for allowing discrimination. As a policy measure, it was proposed to strengthen support for the disabled in daily life and expand support for care for the disabled. As a legislative measure, it was proposed to revise the Act on the prohibition of discrimination against persons with disabilities and the Act on guarantee of right of and support for persons with developmental disabilities. And as other measures, the courts should actively work to protect the rights of disabled victims by utilizing affirmative measures and allowing third parties other than victims to request affirmative measures, and relevant organizations should actively utilize corrective action recommending rectification or expressing opinions in connection with grievance petitions.

Citation status

* References for papers published after 2023 are currently being built.