장애인차별금지 및 권리구제 등에 관한 법률의 특성 및 모니터링 결과에 관한 연구 = (A) Study on the Nature of the Act of Antidiscrimination and Redemption of Rights for the Handicapped and the Results of Monitoring

다국어 초록 (Multilingual Abstract)

The present study was to understand the nature and implications of the Act of Antidiscrimination for the Disabled enforced as a measure to solve the problems associated with social discrimination against and exclusion of the disabled, and to investigate whether the legislation of antidiscrimination for the disabled is implemented in practice in the field of education so as to seek ways to secure the effectiveness of the act. Specifically, this study reviewed previous literature to consider the background, ideological nature and significance and principal content of the Act of Antidiscrimination of the Disabled, and examined the status of implementing the act in the field of education by conducting a questionnaire survey in terms of direct or indirect discrimination and provision of proper convenience facilities. To monitor the field of education, the present study surveyed the handicapped with intellectual disabilities, autistic disabilities, retardation and brain lesions in general integrated elementary and secondary schools or their care givers in Busan. In total, 204 copies were used in data analysis. Based on the results of monitoring, this study made suggestions for the effectiveness of the Act of Antidiscrimination for the Disabled.

The Act of Antidiscrimination for the Disabled was enacted on the grounds that the established legislation on disabilities fitted with provisions stipulating prohibition on discrimination failed to effectively deal with discrimination against the handicapped, that actual redemption was not implemented and that the paradigm of welfare for the handicapped needed to turn to human rights from dispensation. Notably, the Act of the Antidiscrimination for the Disabled is meaningful in that it was enacted via active participation of the handicapped themselves, and that it strongly claims to advocate ideological characteristics such as the normalization principle, the guarantee of equality and the parteienprinzip as the human right law beyond the positive law. The Act of Antidiscrimination for the Disabled has become a corner stone for the society to correctly view the handicapped not as beneficiaries of welfare but as subjects of rights.
Enforced on April 11 in 2008, the Act of Antidiscrimination for the Disabled prohibits discrimination in 6 fields. Regarding the discrimination in the field of education, unlike discriminative practices in other fields, even redemption of rights is far from ensuring proper socialization in accordance with stages of the life cycle. Further, securing the right to receive education is part of human rights in itself. Moreover, education should be the basis to become subjects of rights. In these respects, discrimination in the field of education need be considered important. Accordingly, it is highly important to carry out persistent monitoring lest the handicapped should be discriminated in the field of education, in which sense the present study monitored the discrimination against the handicapped in the field of education. To sum up, the handicapped were found to be discriminated directly and indirectly at school, and not to be provided with proper convenience facilities. Also, considering developmental disorders account for a high percentage during the school-age period, the Act of Antidiscrimination for the Disabled was found to fail to provide a manual regarding the provision of right convenience facilities for developmental disabilities.
For 4 years up to now since the Act of Antidiscrimination for the Disabled was enforced, discrimination against the disabled has not been rectified. Therefore, for practical effectiveness of the act, the law need be reformed in favor of stronger redemption of rights. In particular, for effective implementation of the Act of Antidiscrimination for the Disabled in the field of education, provisions regarding developmental disabilities should be reinforced. In addition, a campaign should be waged to urge the effectiveness of the Act of Antidiscrimination for the Disabled via continuous monitoring. Basically, the non-disabled must improve awareness of the disabled as well.

목차 (Table of Contents)

• Ⅰ. 서 론 1
• 1. 연구의 필요성 및 목적 1
• 2. 연구 방법 5
• 3. 연구의 범위 및 한계 6
• Ⅱ. 이론적 배경 8
• 1. 장애인복지의 이념 및 패러다임의 전환 8
• 1) 장애인복지의 이념 8
• 2) 장애인복지 패러다임의 전환 11
• 2. 장애인차별금지법의 특성 16
• 1) 장애인차별금지법의 이념적 특성 16
• 2) 장애인차별금지법의 의의 19
• 3) 장애인차별금지법의 등장배경과 제정 과정의 함의 21
• 4) 장애인차별금지법안의 핵심쟁점의 의미 31
• 3. 장애인차별금지법과 교육 35
• 1) 장애인 교육 현황 35
• 2) 교육영역에서의 차별금지의 중요성 38
• 3) 장애인차별금지법의 주요 내용 : 교육영역 중심으로 40
• Ⅲ. 조사방법 45
• 1. 연구 분석의 틀 45
• 2. 측정도구 46
• 1) 측정도구의 설정 46
• 2) 설문지의 구성과 내용 47
• 3. 조사대상 및 자료 수집방법 48
• 4. 자료 분석방법 48
• Ⅳ. 장애인차별금지법 모니터링 결과 분석 49
• 1. 조사대상자의 일반적 특성 49
• 2. 직접차별 및 간접차별 모니터링 결과 51
• 1) 교육차별 51
• 2) 학습지원 57
• 3) 입학과 전학에서의 차별 61
• 3. 정당한 편의 제공 모니터링 결과 64
• 1) 이동 및 학교 시설물 접근 64
• 2) 교육환경의 편의 71
• 3) 인력배치 75
• Ⅴ. 장애인차별금지법의 실효성 확보방안 78
• 1. 장애인차별금지법의 이행실태 및 문제점 78
• 2. 장애인차별금지법의 실효성 확보방안 79
• Ⅵ. 결론 83
• 1. 요약 및 결론 83
• 2. 제언 86
• 참고문헌 88
• 부록 93
• Abstract 101