「장애인차별금지 및 권리구제 등에 관한 법률」의 ‘장애’의 정의에 대한 해석론 연구 - 비교법적 분석ㆍ검토를 통한 논증적 접근을 중심으로 -

The Anti-Discrimination Against and Remedies for Persons with Disabilities has been enforced since 2008 in Korea. This Act defines person with disability as a person who has a disability(art.2(2)). In the Act, disability means an impairment or loss of physical or mental functions that substantially limits an individual’s personal or social activities for an extended period(art.2(1)). The purpose of this article is to provide a basic research on the interpretation and application of the definition of disability in the Act by studying the definition of disability in US and UK. ADAAA states that: The term “disability” means, with respect to an individual - (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment(as described in paragraph (3)) In the Equality Act 2010(EqA), a person has a disability if he or she has ‘a physical or mental impairment’ which has a ‘substantial and long-term adverse effect on ability to carry out normal day-to-day activities’(S.6(1)). This study addresses an actual disability, a past disability and a perceived disability. In relation to the actual disability, the following issues are examined : What means a physical or mental impairment?, What is the extent of a normal day-to-day activities?, How is the degree of a substantial and long-term adverse effect. And what conditions need to be satisfied to establish the existence of a perceived disability is studied.