장애인복지 서비스 제공주체로서의 재단법인의 역할과 과제

This paper reviewed the types and status of juridical foundations as a provider of welfare services for persons with impairment and examined its future roles and tasks in line with policy trends as the changes of the paradigm of welfare for them. First, the applicable Acts and legal concepts concerning welfare services for persons with impairment were defined in Chapter Ⅱ. The acts discussed in this paper include ‘Act on the welfare of persons with disabilities’, ‘Social welfare services Act’, ‘Act on the establishment and operation of public interest corporations’, and ‘Civil Act’, which regulate welfare facilities and corporations related to the persons with impairments. The Act on the welfare of persons with disabilities assumes corporations, organizations, and facilities as providers of welfare services for persons with impairments along with state and local government in the private sector. In this paper, the requirements for the installation of welfare facilities and the establishment of corporations related to juridical foundations and their legal nature were discussed. Based on the statistical data of the facilities and corporations for the person with impairments, this paper also demonstrated the significant role of juridical foundations that include social welfare corporations, under the current system where welfare services for them are committed to facilities. The following Chapter Ⅲ studied the trend in policy emphasizing the importance of public-private cooperation, which is currently under discussion, and ‘deinstitutionalization’ and integration into the local community. In addition, it presented new roles and tasks of juridical foundations by pointing out that their major role, as a provider of facility services described in Chapter Ⅱ, can be extended to activity support services, and that their provision of services needs to be expanded beyond people with impairments to the general public. In conclusion, this paper emphasized that these new tasks, in accord with the trend of policy centered on public-private cooperation, deinstitutionalization of persons with impairment, and integration into the local community, require legislative adjustment and improvement focused not only on the laws related to persons with impairments but also the Act on the establishment and operation of public interest corporations.