장애인복지법상 장애개념에 관한 고찰 - 장애등급제 폐지와 대법원의 ‘투렛증후군 장애’ 인정 판례를 중심으로-

This study was intended to examine whether the disability concept in Korea, established on an individual model (a medical model), has changed to the disability concept in the social model and the disability model of ICF, which has been prepared in 2001 and recommended by the WHO, and whether it has been institutionally or legally accepted by analyzing the step-by-step abolition system of the disability concent introduced in Korea on Jul 1, 2019, and the Supreme Court's judgment that recognized “Tourette’s” as disability, which was not included in 15 disability types prescribed in Annex 1 of the Article 2-1 of the Disability Welfare Act. As study problems, the abolition of disability rating system, its essential meaning, and changes in the disability concept under the comprehensive judgment system as an alternative were examined; and changes in the disability concept with focus on the Supreme Court’s judgment that recognized “Tourette’s” as disability; the acceptance of those changes; and the institutional and legal limits were examined. As a results of analysis, it was found that changes to a social model beyond the limitations of individual model have been accepted to some extent by abolishing the disability rating system, which has judged disability based on individual model, and introducing a system to prepare a comprehensive judgment system step by step as an alternative. In addition, the possibility of accepting the disability concept through the ICF’s disability model recommended by the World Health Organization (WHO) has been opened. Moreover, the research findings from the Supreme Court’s judgment to recognize Tourette's Disorder, which was not included in the 15 types of disability, as a disability, indicated that it considered the changes from disability concept established on the individual model to disability concept of social model or ICF’s disability model.