장애인의 사회통합적 관점에서 본 돌봄통합지원법의 쟁점

초록

Reflecting on the human rights implications of traditional facility-centered disability welfare, the emphasis on deinstitutionalization and community care has heightened the need for integrated care to secure the rights and welfare of persons with disabilities within local communities. Integrated care is indispensable to support the benefits and services such as housing, medical care, and activity assistance necessary for persons with disabilities to live in the community. This enables them to reside within the community rather than being isolated in institutions, to live independent lives, to exercise their rights, and ultimately to achieve social integration. On February 29, 2024, the “Act on Integrated Support for Regional Care, Including Medical Care” (hereinafter referred to as the “Integrated Care Support Act”) passed the National Assembly plenary session and was promulgated on March 26 of the same year. It is scheduled to take effect two years later, on March 27, 2026. Article 1, which defines the purpose of the Act, explicitly mentions “frailty” and “disability” at the outset, indicating that it targets the protection of elderly individuals and persons with disabilities who face difficulties in performing daily living activities. It is necessary to examine how this Act defines integrated care for persons with disabilities to fulfill its role as a basic law for integrated care, and whether there are areas requiring future improvement. Social integration is declared as the fundamental principle of welfare for persons with disabilities in international disability rights norms such as the Declaration on the Rights of Persons with Disabilities and the Convention on the Rights of Persons with Disabilities, as well as in domestic laws and regulations related to disability welfare. It is understood to encompass concepts beyond the improvement of physical functions, the performance of roles assigned within the family or society, or participation in economic activities. It includes securing opportunities through the elimination of discriminatory environments, expanding participation, and securing rights and choices. Integrated care support provided where persons with disabilities reside can enhance their access to social services. By increasing opportunities to utilize these services, it can promote social participation and integration for persons with disabilities. A review of the Care Integration Support Act along with the proposed enforcement decree and enforcement rules revealed areas requiring refinement. These include the scope of beneficiaries (those eligible for integrated support), the status survey, application proxy agencies, the targets for integrated support policy implementation, and the duty to explain as a prerequisite for exercising self-choice rights. We hope the Enforcement Decree (draft) and Enforcement Rules (draft) are well-prepared so that the Care Integration Support Act can be successfully implemented on March 27, 2026.

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