우리나라 장애평가 법률에 관한 연구

Abstract

This study has understood that due to the continuous increase in the disabled population and potentially disabled population along with inconsistent regulations of disability assessment-related laws, the disabled can be disadvantaged and various problems can be caused. Therefore, as one method to solve such problems, this study aims to analyze and compare from various aspects regulations related to disability assessment that are scattered in individual laws and present a reasonable direction for the disability assessment-related system that is appropriate for Korea’s current and future circumstances. The study examined regulations of the current 23 laws related to disability assessment and analyzed according to the authorities in charge. There were a total of eleven authorities in charge. The many authorities and acts that apply different disability assessment standards and levels give rise to a variety of subjects. In particular, analysis of disability levels according to organs of the body in 15 laws led to the conclusion that there are diverse structures of levels by each act for the disability condition of the same organ and that there is a lack of consistency. Those who determine the disability levels are left to use their personal standards to make decisions and as a result, there is also a lack of objectivity and rationality in the determination of disability levels.Each act should promulgate the uniform classification and apply it correspondingly and determine the compensation system for different levels of disability in accordance to the purpose of the act so that various problems arising from using disability levels together with compensation levels can be prevented.