Problems of Mobility Rights for Persons with Disabilities on the Basis of the Definition of (Persons with) Disabilities under the Current Law

Abstract

In Korean society, the right to mobility of persons with disabilities is at a considerably lower level from the perspective of legal theory as well as from a practical point of view. Under the current law, the definition of persons with disabilities recognizes disabilities as personal problems, a policy framework regards the mobility plans for them as ones that need to be solved through secondary or additional measures rather than seeking a fundamental solution. In addition, theory, the rights of persons with disabilities have also been confined to and discussed from the perspective of social welfare, not the perspective of freedom or equality. This not only goes against the global trend that views disabilities as a social problem but also neglects the duty of the state to come up with practical measures for persons with disabilities who are in desperate need of mobility. Above all, a thorough implementation of the plan to increase the number of means of transportation based on the existing laws must be guaranteed, and it is strongly required to revise the legal definition of disabilities and persons with disabilities in order to find the ways to fundamentally break down the social barriers to disabilities in the future.