UN 장애인권리협약이 한국의 장애인차별금지법에 미치는 법적 영향－ 근로계약에서의 차별개념과 계약체결에서의 자기결정권을 중심으로 －

This Study aims at analysing the interaction between UN Convention on the Rights of Persons with Disabilities and Korea Disability Discrimination Act concentrating on the scope of employment. The United Nations Convention on the Rights of Persons with Disabilities was adopted in 2006 and entered into force in 2008. Korea acceded to the Convention in 2009. UN Convention and Korea Disability Discrimination Act expanded the category of disability discrimination because they recognised not only indirect discrimination but also reasonable accommodation. Reasonable accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others. This study appraises the introduction of the concept of reasonable accommodation in Korean legal system concerning discrimination. The Convention asks states parties to ensure that persons with disabilities are protected from forced or compulsory labour. Thus, the study makes suggestions for some improvement of the contents in related laws in order to protect persons with mental impairment from compulsory labour, on the base of dealing with the expected influence of new guardianship replacing incompetency and quasi-incompetency on individual autonomy and independence of persons with mental impairment.