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International Journal of Diaspora&Cultural Criticism Vol.12 No.2.jpg
KCI등재 학술저널

Problems of Mobility Rights for Persons with Disabilities on the Basis of the Definition of (Persons with) Disabilities under the Current Law

In Korean society, the right to mobility of persons with disabilities is at a considerably lower level from the perspective of legal theory as well as from a practical point of view. Under the current law, the definition of persons with disabilities recognizes disabilities as personal problems, a policy framework regards the mobility plans for them as ones that need to be solved through secondary or additional measures rather than seeking a fundamental solution. In addition, theory, the rights of persons with disabilities have also been confined to and discussed from the perspective of social welfare, not the perspective of freedom or equality. This not only goes against the global trend that views disabilities as a social problem but also neglects the duty of the state to come up with practical measures for persons with disabilities who are in desperate need of mobility. Above all, a thorough implementation of the plan to increase the number of means of transportation based on the existing laws must be guaranteed, and it is strongly required to revise the legal definition of disabilities and persons with disabilities in order to find the ways to fundamentally break down the social barriers to disabilities in the future.

1. 들어가며

2. 장애(인) 개념의 세계적 추이와 현행법상 정의

3. 현행 장애(인)개념에 기초한 장애인 이동정책과 사법심사의 한계

4. 결론

참고문헌

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