정신질환과 노동 ― 법적 쟁점을 중심으로 ―

The Mental Health Act provides that the term 'mentally ill person' means a person with a mental illness(including organic mental illness), personality disorder, alcoholism, drug abuse and other non-psychopathic mental disorder. The social exclusion of the mentally ill cast a blight on the future of our society. The way of the social exclusion of the mentally ill is to suspend the law in front of the mentally ill and for sovereign power to govern him at its own discretion without the law. Mental illness became the sign of social exclusion that the protection of law and civil rights is deprived. This study is dealing with the legal issues of mental illness and labor. In Korea, compensation for disability associated with acute and chronic workplace stress is limited for in worker's compensation legislation. Futhermore the inappropriate action of the mentally ill worker in workplace could be a cause for dismissal. In addition, the mentally ill persons are disqualified from his or her license to practice medicine, driver's license, public official status because of his or her disease. In conclusion, this study propose the new understanding of the legal exclusion and inclusion system and the alleviation of social exclusion of the mentally ill in workplace and labor relations. In addition, this study shall demonstrate labor law like labor standards act and minimum wage act should be applied to the mentally ill workers whether they are in mental health facility or not.