Disability Income Support Law in South Korea: Codifying a Hierarchy of Disability?
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Like many other jurisdictions, South Korea’s disability welfare law implicitly contains a hierarchy of disabilities that categorizes people based on the cause of their disability. This hierarchy is not only visible in differences in benefit levels, but also in the priority with which certain disability welfare legislation was enacted for certain groups. Disability legal studies tend to focus on anti-discrimination legislation. However, discrimination and a lack of social support are two sides of the same problem that can keep people disabled. Disability legal studies furthermore mainly concern itself with AngloAmerican jurisdictions. Therefore, an analysis of the development of disability welfare law in an Asian jurisdiction would be a welcome addition. This paper takes a historical approach to outline how and under what circumstances disability welfare law has developed along hierarchical lines in South Korea. In chronological order, this paper discusses Disability Income Support during early modernity (before 1948), post-colonial Korea (1948-1987), the era of Democratization (1987-2000), and the post-2000s when the disability rights movement began to campaign for general disability income support. This research concludes that disability income support law in South Korea reflects a hierarchy of disability dependent on a person’s perceived contribution to Korea’s political and economic independence, with ‘people of national merit’ and those formally employed by large firms on top. This research also concludes that the continuous expansion of the scope of ‘people of national merit’ as a welfare recipient category, combined with the paradigm of ‘productive welfare’ or ‘workfare,’ has delayed the introduction of disability welfare law for the general disabled population, especially for people with mental disabilities.
Abstract
Like many other jurisdictions, South Korea’s disability welfare law implicitly contains a hierarchy of disabilities that categorizes people based on the cause of their disability. This hierarchy is not only visible in differences in benefit levels, but also in the priority with which certain disability welfare legislation was enacted for certain groups. Disability legal studies tend to focus on anti-discrimination legislation. However, discrimination and a lack of social support are two sides of the same problem that can keep people disabled. Disability legal studies furthermore mainly concern itself with AngloAmerican jurisdictions. Therefore, an analysis of the development of disability welfare law in an Asian jurisdiction would be a welcome addition. This paper takes a historical approach to outline how and under what circumstances disability welfare law has developed along hierarchical lines in South Korea. In chronological order, this paper discusses Disability Income Support during early modernity (before 1948), post-colonial Korea (1948-1987), the era of Democratization (1987-2000), and the post-2000s when the disability rights movement began to campaign for general disability income support. This research concludes that disability income support law in South Korea reflects a hierarchy of disability dependent on a person’s perceived contribution to Korea’s political and economic independence, with ‘people of national merit’ and those formally employed by large firms on top. This research also concludes that the continuous expansion of the scope of ‘people of national merit’ as a welfare recipient category, combined with the paradigm of ‘productive welfare’ or ‘workfare,’ has delayed the introduction of disability welfare law for the general disabled population, especially for people with mental disabilities.
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