정신질환자 자격제한 법령의 문제점과 개선방안

The legal status of the mentally ill in our society is subject to the various legal systems. In Korea, one of the voting rights restrictions is the disenfranchisement of the voters under adult guardianship and some acts disqualify the mentally ill from becoming physician, beauty artist, veterinarian and etc. In Korea, the Road Traffic Act limits the issuance of a driver’s license on the ground of mental disorder which is relevant to driving capacity. This article is aimed at the analysis and problem solving of disqualifying clauses which is on the ground for mental disorder. Part I of this article analyze the origin of the disqualifying clauses in Korea from Rome to Japanese and shows that the disqualifying clauses have solid foundation on the base of the public’s thought and prejudice. Part Ⅱ of this article outlines disqualifying clauses barring the mentally ill from voting, driving and becoming professionals. Part Ⅲ of this article shows that the current disqualifying clauses on mental disorder is automatically applicable to the mentally ill without due process of the court(for example, appeal or repeal to the court). Despite the dangerousness and incapacity of the mentally ill from the view of the public’s thought and prejudice, Part Ⅳ and Ⅴ of this article concludes that disqualifying clauses which runs contrary to the constitutional law should be reformed for preventing social and legal exclusion.