장애차별금지법의 확산과 위축 - 변화추구형 법률에 대한 반작용을 중심으로 -

Disability anti-discrimination laws are expanding, serving as the core enacting apparatus of a new policy paradigm, and challenging the existing disability policy assumptions and hypotheses. The objective of disability anti-discrimination law is to secure the equality of opportunity and full participation of disabled persons. However, contrary to initial expectations, some adverse consequences have been found after the implementation of anti-discrimination laws. Because most of the anti-discrimination cases were failed in court, the original intention of protecting the discriminated was severely damaged. The contraction of major discrimination laws suggests that some obstacles to their effective enforcement exist in the process of execution. This problems might originate from the shortcomings of provisions, they also emerge from the attitudes to the acts and interpretations of them. Disability anti-discrimination law is the transformative law tries to change the existing social relations, and the radicalness of shifting forces itself might cause backlashes. Unless the core principles of anti-discrimination laws are not fully understood and accepted in larger society, the objective of the laws will be beyond attainment.