장애인스포츠 관련 법제에 관한 연구

Abstract

The Constitution of the Republic of Korea has an obligation to protect the disabled, who are socially underprivileged. Despite this, disabled people are still not properly protected. In order to properly guarantee the basic rights of people with disabilities under the Constitution, improvements must be made through the legal system. Since national administration operates based on law, it is important to establish a good basis for policy in law and properly maintain the law. The scope of rights and authority that disabled people can have varies depending on how laws and regulations related to disabled people's policies are stipulated. Regarding sports for the disabled, related laws should not be enacted or revised every time an incident occurs, but should be closely enacted in advance in the form of a general law or basic law on sports for the disabled. However, Korea's disabled sports legislation lacks a basic law that governs disabled sports, and the majority of individual regulations are formal support regulations without consideration of the type or characteristics of disabled people. In addition, accessibility to sports for people with disabilities is important, but institutional mechanisms to supplement this are insufficient. Therefore, we must first create a basic law on sports for the disabled and comprehensively and systematically reorganize the regulations currently scattered in individual laws. And the Basic Act on Sports for the Disabled ensures support measures and accessibility according to the type and characteristics of the disabled person. Sports activities should encourage self-confidence, self-esteem, self-restraint, competitiveness, and camaraderie in disabled people, so that disabled and non-disabled people can live together in society without any sense of difference.