Min-Ho Cha

Min-Kyu Park

Gyu-Ri Kim

Daegu University

Chongshin University

Hanshin University

Background
1. Issues that exist after the abolition of the disability rating system
 Disability grades have changed to ‘A severe disability’ and ‘A slight disability’. This dichotomousclassification causes generalization of the disabled rather than disability grade and makes it
impossible to provide adequate support.
 Disorders are usually measured only by doctors, so it is not possible to know exactly the lives andexperiences of people with disabilities. The classification of people with medical judgment makes
it easier for suppliers to provide social services.
 Disability measurements managed by the central government limit the role of communities.
Disability measurements should be conducted by communities to provide better support.

2. The concept of disability in the Act on Welfare of Persons With Disabilities isvague and classified as impairment.
Act on Welfare of Persons With Disabilities Article 2"Person with a disability" means a person whose daily life or social activity is substantially hampered by physicalor mental disability over a long period of time.
"Physical disability" means a disability of principal external bodily functions and of internal organs, etc.
"Mental disability" means a disability caused by psychological development disorder or mental disease.

3. Support for various areas of life is consistently applied with disability
measurements of impairment and functional constraints.
 Now, Korea needs new standards on public assistance after the abolition of the disability rating system.
 In South Korea's special education and employment related laws, people of disabling are selectedaccording to their physical or mental abilities, regardless of their needs.

TheoryIndividual Model
Disability is no different
from impairment and apersonal tragedy.

↓Rehabilitation
Disability should behealed by professional
programs and medicaltreatment.

Interaction Theory
Disability is created byimpairment and socialinteractions.

Americans with Disabilities Act of 1990 SEC. 3. DEFINITIONS.
(2) Disability.
- The term "disability" means, with respect to an individual (A) a physical or mental impairment that substantially limits one
or more of the major life activities of such individual;(B) a record of such an impairment; or(C) being regarded as having such an impairment.
International Convention on the Protection and Promotion ofthe Rights and Dignity of Persons with Disabilities Preamble(e) Recognizing that disability is an evolving concept and that
disability results from the interaction between persons withimpairments and attitudinal and environmental barriers thathinders their full and effective participation in society on anequal basis with others,
International Classification of Functioning, Disability and Health
Health Condition( disorder / disease )↓4. Currently, disability measures are carried out regardless of the ability of thecommunity.
A disability of a person
who has difficulty walking
in a community with many
special means of mobility

Body Function& Structure

Activity

5. Currently, disability measures do not consider cultural effects.
1) Disgust
Cultural members can use disenfranchise minorities through indifference or through inadvertentprioritizing of the concerns of a political majority. And they can stigmatize to people withdisabilities.
2) A culture that mainly excludes the disabled
The culture in which disabled people are excluded is difficult to advance because it has failed toaccommodate various bodies and ways of life. Also, it will lead to resistance and anger thatbegins with oppression.
3) Disability Production by Culture
Culture can make any body or any way of life abnormal. For example, people who can be heard
are abnormal in a culture composed of the deaf.
4) The connection between law and culture
Laws are part of culture and political representation. Korea's concept of legal disability may bepart of a culture whose laws and customs focus on impairment and inconvenience

Result1. Act on welfare of persons with disabilities•••Disability is a social
phenomenon in which
damage has responded
to social barriersParticipation•↓
Social Reform
Disability should beeliminatedbythedestruction of socialbarriers.

Environmental Factors

Personal Factors

Disability Measurement in France
Comprehensive Evaluation TeamMDPH• The applicant's life plan
Integrated Organization• Evaluation criteria
for the Disability• Individual compensation plan
Commission on the Rights and Autonomy of the disabled• Final determination of service supply• Consists of various stakeholders related to the people of disabling

Conclusion
1. The concept of disability should change comprehensively and gradually.
We must eliminate disability types that limit measurement and put into law the concept ofdisability changes according to social barriers and cultures.

2. The participation of the parties in the process of measuring the disability is necessary.
We must reform beyond a variety of experts to allow the parties to participate in disability
measurements. For they are best aware of their disabilities and desires.

3. The disability measurements should be accompanied by an assessment of society's ability.
We should seek to provide different support based on the results of measuring community ability.
Here, community ability are the degree to which the rights of a wide variety of people areguaranteed, and the areas can be divided into learning, labor, mobility, and access.

4. The concept and measurement of legal disability should change with the participation of
the disabled and stakeholders.
So far, South Korea has formed an expert on legal disability. However, creating comprehensive andaccurate disability concepts and measurements requires participation by the disabled andstakeholders.

Current definitions of disability are imprecise, ambiguous and are based on the outmoded
mind frame of the Individual Model where there is an unconscious emphasis on anindividual’s incapacities. Newer definitions should include the understanding of Social
Barriers, that relate to the community's role of accommodating or excluding people.
The problem with the measurement of disability is that it is determined solely by the doctor
without the involvement of the various stakeholders. Unlike CRPD, this is a system that allows
the body of persons with disabilities to become medicalized.
The categorization of disability allows the measurement to proceed in a limited and does notaccommodate the various cases. People who cannot belong to the legal disability type do notreceive adequate support.

2. Act on guarantee of rights of and support for persons with developmental
disabilities•Social Model→

Disability depends on theability of society

Current disability measurements highlight individual damage and functional constraints. But the support
provided to the disabled should be affected by the community's ability. It will be a system that reduces
personal responsibility for the disabled.

Overall Support
Disability should bealleviated by personaland social changes.

A disability of a person
who has difficulty walking
in a community without
special means of mobility.

The preferred Cultural Model of defining intellectual disability is to emphasize that one’s
intellectual ability may differ from a cultural preference for certain capacities. Thisemphasizes culture’s role in valuating intellect, and its implicit biases. This differs from atypical emphasis on normative behaviors vs. what society may consider a pejorative,
medicalized, pathologicalizing approach to defining intellectual disability.
People with autism are not neurotypical but may not need ‘help’ in the way neurotypical
people might perceive them. More thinking needs to be done on what aid autistic people
really need, versus the lack a neurotypical person might evaluate in a common autistic
situation.

3. Act on special education for persons with disabilities, etc.
• Disability types separated by impairment and functional constraints doesn't identify theparties desire for educational support. This is a disability measurement based on a medical
model, a system that leads to reductionism.
• The Special Education Support Center performs disability measurements even though it is
not aware of the reality of parties. Final decisions must be made by those close to a disabled
person, such as the Commission on the Rights and Autonomy of the disabled in France.
• In fact, the universal design for instruction should be completed according to the results ofmeasuring everyone's educational needs. Otherwise, disability measures only produce
special and low-level beings.

4. Act on the employment promotion and vocational rehabilitation of persons
with disabilities• Constraints in professional life arising from bodily or mental damage seem to be solved only
through rehabilitation. Also, this concept of disability makes disability perceived as apersonal tragedy. If a disability is defined without a description of the problem of theworking environment, it is the responsibility of life only to the parties.
• Disability measurement in the field of labor should identify the difficulties that parties facein the field. In other words, there is a need for an opportunity for the parties and thosearound them to express their disability, as well as a medical certificate written by a specialist.

5. Act on the prohibition of discrimination against persons with disabilities,remedy against infringement of their rights, etc.
• ‘Disability’ as currently defined, is synonymous with discrimination due to its Individual
Model focus. The preferred social model posits “discrimination within the category ofdisability” rather than the dated “discrimination due to disability. In these doggedlypersistent, dated conceptions there are clues to the systemic cultural biases that affect thedisabled. The work to assist the disabled must not simply be practical but attempt to addressthese cultural biases.