미국 장애인법의 성과와 한계 - 법사회학적 고찰 -

Abstract

In 2007, the National Assembly of South Korea enacted a comprehensive law against discriminations based on disabilities. Given that this legislation was modeled on the Americans with Disabilities Act ("ADA"), it is critical that South Koreans understand ADA to guarantee proper implementation of the recently enacted law. This paper aims to summarize the legislative history of disability law within the United States. Before dealing with the legislative processes of ADA, it first examines the history and contents of major pre-ADA enactments, such as the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973. In this regard, the paper also highlights influences of the US civil rights movement of the 1960s on the progress of disability law. ADA has been praised as the world's first comprehensive legal protection for people with disabilities. This landmark piece of legislation has engendered a more accessible, equal and integrated America. Despite its significant achievements, ADA has proved insufficient to overcome some deep-rooted structural obstacles. However, this paper does not advocate for the outright abandonment of the ADA model. Rather, it argues that we must continue to build on its foundations while searching for areas of improvement.