형사법상 장애인의 지위 -장애인차별금지법의 관점에서-

It starts with effectuation of Koreans with Disabilities Act ("KDA") in 2008 that criminal procedure could be seen from a human rights' view. But that effort has not been able to reach to raise the status of persons with disabilities upon the desirable stand with protecting the human rights of them in criminal process. This article aims to review the status of persons with disabilities in the criminal substantive and procedural act wholly and try to find out the proper position of them. First of all, article 11 of Korean Criminal Act stating "Deaf Person's Criminal Responsibility" should be rescinded, because it treats the deaf having lower ability to understand in order to take criminal reasonability. Instead, Article 10 can be applied to persons with disabilities' criminal responsibility in general. Secondly, disabled persons' human rights should be protected in investigation process through letting reliable person be present with the suspect. Third, the application scope of criminal procedural clause relating to appoint the public counsel to disabled person will have to be widened in order to protect them efficiently. Last but not least, sign language service for the deaf and process of documentation with braille for blind should be encoded in criminal procedural act from the early step of investigation.