심신장애의 합리적 판단을 위한 검토

Abstract

In this study, review ‘Historical background for Disability of Mental & Physical, Conceptual Discussion’, And after examining ‘Classification of Disability of Mental & Physical, Investigation and judgment, The legal effect’, Presented advice for rational Disability of Mental & Physical judgment. In current legislation, Disability of Mental & Physical are used in two ways. Disability of mind & spirit in article 10 of「Act of Criminal」is judged by a court Through professional judgment. Disability of Mental & Physical in「Act on Welfare of Persons with Disabilities」is classified into physical disability and mental disability and the grade is determined by standard diagnostic methods. According to the analysis of the 646 articles of the law related to Disability of Mental & Physical, The statute for the regulation of Disability of Mental & Physical is mainly composed of the administrative domain and the criminal domain. Mainly in the administrative domain, Disability of Mental & Physical are investigated through classification and grading according to each statute. The criminal domain divides the trial factor by the mixed method due to disability of Mind & spirit. If a cause of Disability of mental and physical is recognized, certain legal relationships will occur, change, postpone, limit or disappear. In this study, suggestions for rational Disability of mental and physical judgment are as follows. According to the 「Framework Act on Korean Language」, most of the laws and regulations are used in Korean and it is difficult to distinguish the Disability of mind & spirit effectively, and there are laws and regulations that are difficult to logically interpret through the concept of Disability of mind & spirit. so, it is necessary to redefine the disability of mind & spirit as the concept of mental disorder. Also Due to the inconsistency of the disability judgment method by statute and the difference of the legal effect according to the degree of confusion and mental and physical disability, there should be a general standard for the degree of Disability of mental and physical according to the state of functioning. And Due to the discretionary expansion of the administrative agency that can exercise the right to dispose of the cause of the Disability of Mental and Physical, there should be a quantified evaluation criterion to judge job performance according to the level of Disability of mental and physical grade. But, This study suggests a direction in which the rational judgment can be made from a macroscopic point of view through the overall institutional analysis centering on the legal terms of Disability of mental and physical in the statute system, There is a need to specify the procedures and detailed requirements of individual laws through follow-up research.