장애 개념에 관한 독일법제 및 판례검토

Abstract

The concept of disability is the starting point for policies for the disabled. The lives of disabled people vary greatly depending on how disabilities are defined. The change in the concept of disability has led to the conversion of the disabled into social problems, not just individual problems anymore. As a result, people with disabilities have become subjects of consideration and the right to participate in society like non-disabled people. Germany is the country that cannot be left out in relation to the policy of the disabled. Germany has a harrowing history of massacred disabled people with eugenics during the Nazi era. Since then, it has been regarded as one of the most exemplary countries in Europe regarding policies for the disabled. Germany's disability concept is based primarily on medical judgment, but it also considers restrictions on social life participation due to disabilities in part. Based on this concept, the realization of the basic rights of the disabled in Germany is based on the Grundgesetz Act 2002, the Equivalence of the Disabled Act of 2002, the General Equivalence Act of 2006 and the Social Code Volume 9 (SGB). A series of trends suggests that disabled people in Germany are protected by the state, regardless of the cause or type of disability, and that they should have equal rights and obligations, just like ordinary people, and thus have equal opportunities.