장애인 탈시설 정책을 위한 쟁점과 법적 과제: 장애인 권리기반을 중심으로

Abstract

· Research topics: By realizing the "right to de-facility" of the disabled, the right to self-esteem, self-determination and social opportunities for the disabled, and further realize the active right to live a human life in a community together by restoring constitutional unique rights. · Research background: The disabled are not only not respected for their right to self-determination due to the facility admission system unrelated to their own will, but are also turning a blind eye to their subjectivity in life. Deinstitutionalization policy for the disabled is the main direction of the disabled policy pursued by the Constitution. It is required to actively establish de-facility policies and effectively specify the right to de-facility for the disabled to secure the basic rights of the disabled. · Differences from prior research: Through this study, the significance and differentiation of the study suggested the necessity of establishing a relationship that guarantees the human life of the disabled and the information approach and right to use social welfare services throughout life. · Research method: Based on previous literature studies, this study analyzes the legal principles (characteristics) and policies of the disabled residential facility (hereinafter referred to as "facility manager") in accordance with the demand for the right of disability. · Research results: Through this study, policy directions and legislative measures for de-facility were suggested, first, measures to create and utilize various types of intermediate facilities by converting existing residential facilities, prohibiting unnecessary facility admission, and limiting facility services. Second, it is to expand the scope of support for the independent living of the disabled with social security in all areas necessary for living. Third, it proposed the need to declare deinstitutionalization and change policies for the disabled at the government level. Fourth, budget and administrative support were proposed so that the de-institutional support work could be unified into the core project of the independent living center for the disabled. Fifth, it was suggested to prepare a legal basis for supporting independent living for the severely disabled and to prepare a legislative plan for de-institutional policy to secure effectiveness. · Contribution points and expected effects: Through this study, policy directions and legislative measures for de-facility were suggested, first, measures to create and utilize various types of intermediate facilities by converting existing residential facilities, prohibiting unnecessary facility admission, and limiting facility services. Second, it is to expand the scope of support for the independent living of the disabled with social security