Earticle

초록

영어

The Anti-Discrimination Against and Remedies for Persons with Disabilities has been enforced since 2008 in Korea. This Act defines person with disability as a person who has a disability(art.2(2)). In the Act, disability means an impairment or loss of physical or mental functions that substantially limits an individual’s personal or social activities for an extended period(art.2(1)). The definition of disability in this Act represents the medical model, focusing as it does on the functional limitations of a person. Such a definition could screens out many disabled person who are victims of discrimination but do not match the “"truly disabled"” label. The purpose of this article is to provide a basic research on the legislative change of the definition of disability in the Act by studying the definition of disability in UN, EU and foreign discrimination law. Discrimination Law has the purpose to prevent unequal treatment which is rooted in stereotypes and stigma. The definition of disability in disability discrimination laws should not describe the group protected under the law, but rather define the act declared prohibited. Thus, a disability definition is necessary but only with respect to the act of discrimination. Disability- based prejudice and stigma are always related to an actual or presumed abnormality called impairment. The definition should be related to impairment, chronic illness or malfunctions and should not be based on a certain severity of disability.

목차

I. 서론
II. UN 및 EU의 장애차별금지법제와 장애정의
III. 주요 외국의 장애차별금지법제와 장애정의
IV. 장애차별금지법제와 장애정의의 입법 방향
참고문헌

키워드

저자

• 조임영 [ Jo, Im-Young | 영남대학교 법학전문대학원 교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363