독일의 중증장애인 고용정책 : 그 의미와 시사점 - 사회법전 제9권을 중심으로 -

Abstract

The purpose of this paper is to analyze german employment policies of disabled people and to provide significant support and advice for its disability policy in Korea. Social Security Code Ⅸ was established in 2001, brought together different legislation and involved a programmatic transformation in official German disability policy which went from the welfare approach to equal participation. This comprehensive law provides the basic framework concerning all regulations about the rehabilitation and equal participation of disabled people in Germany. In the field of the employment of disabled people the German government mainly relies on traditional instruments. There is a quota system that requires all private companies and public services with 20 employees or more to have at least 5% severely disabled staff. In the case of non-compliance employers have to pay compensation tax which is collected and used in turn to finance accessible workplaces as well as special employment and job programmes. All employers, who offer jobs and/or training for people with disabilities, can get public funding and information as well as consultation by special advice bureaus, the so called Integration Services(Integrationsämter), which have the task to assist in the employment of disabled persons, for example by financing measures of accessibility and technical adaptations, subsidizing wages and personal assistance at the work place etc. The most important actors in the field of creating accessible jobs are local Integration Offices(Integrationsfachdienste). Their aim is to help people with severe disabilities who have special difficulties finding regular employment by way of applying active promotion measures. Generally, social legislation obliges all employers to consider if a free job could be given to a severely disabled applicant. In the case of job terminations employees with severe disabilities have special protection. Private business and civil service both are also obliged to employ ombudspersons who represent the interests of disabled staff as well as applicants.