Research Report
Ⅰ. Background and Purpose
□ Background and purpose of this study
○ Even though existing 「ACT ON WELFARE OF PERSONS WITH DISABILITIES」 regulates support system for disabled persons including handicapped children, actual action plans are mainly developed for adults with disabilities. 「WELFARE SUPPORT ACT FOR CHILDREN WITH DISABILITIES」 has been enacted, giving additional protection to disabled children.
○ Examined validity of welfare measures and related legislations on children and adolescents with disabilities in Korea based on 「WELFARE SUPPORT ACT FOR CHILDREN WITH DISABILITIES」 established in 2011 and enforced from Aug. 5, 2012.
○ Prevention of developing into severe functional disorder by detecting children with disabilities in early stage by supporting childcare, medical treatment, education, developmental rehabilitation service, etc. contributed to the stability of livelihood as a member of society and reduced the economic burden of persons with disabilities and their family.
□ Methodology
○ With priority given to 「WELFARE SUPPORT ACT FOR CHILDREN WITH DISABILITIES」, the legislative purpose, the fundamental principle, and rights of disabled children were analyzed and the organizational, adjective, and substantial issues were systematically examined.
○ Monitored types and status of supporting project of government which was intended to improve conditions for children and adolescents with disabilities and reviewed problems with improvement proposals.
Ⅱ. Main Contents
□ Significance and scope of children and adolescents with disabilities (Chapter Ⅱ)
○ Examined current status of persons with disabilities, degree system of disabilities, and the necessity of protection according to ages and the proportion of children and adolescents with disabilities.
○ For a systemic analysis, the legislations of children and adolescents with disability were divided into three parts: all laws of people with disabilities, all laws of children and adolescents, and all laws of family assistant services. Among those laws, the policies especially relating to disabled children and adolescents were organized.
□ Significance and main contents of 「WELFARE SUPPORT ACT FOR CHILDREN WITH DISABILITIES」(Chapter Ⅲ)
○ Main contents of 「WELFARE SUPPORT ACT FOR CHILDREN WITH DISABILITIES」
- General: Purpose (Article 1), Definition (Article 2), Fundamental Principle (Article 3), Rights of children and adolescent with disabilities (Article 4)
○ Responsibilities of the State and Local Governments
- Core responsibility and individual duties of the State and local governments
- Review of the propriety of task distribution and cooperation among the State and local governments
○ Procedure for Welfare Support Service eligibility allowances
- Early-detection of disabilities (Article 12), application (Article 13), eligibility (Article 14), rights to demand for financial information (Article 15)
- Liaison (Article 16) and individual support plan (Article 17)
○ Details of Welfare Support Services
- Subsidization of medical expenses (Article 19), auxiliary appliances for persons with disabilities (Article 20), and developmental rehabilitation services (Article 21)
- Childcare assistance (Article 22), family and guardians support system (Article 23), caring and temporary relaxation support (Article 24)
- Local transition services (Article 25) and welfare supports in culture, arts, etc. (Article 26)
- Priority welfare supports to vulnerable families (Article 27), voucher for welfare support services (Article 28), etc.
- Management and supervision over welfare support service system (Article 29)
□ Issues and improvement plans of Welfare Support system for children and adolescent with disabilities
○ macroscopic analysis from financial perspective
- Examination of the feasibility of supporting projects' types and budget intended for children and adolescent with disabilities
- Adequacy of supporting sum and field, reviewing whether duplicated or not, etc.
○ Microscopic analysis of each specific issues
- Early-detection of disabilities (Article 12): reinforcement of connection with early-intervention
- Cost reasonableness of medical expenses (Article 19) and its possibility of expansion
- Developmental rehabilitation service support (Article 21) and its improvement plans
- Childcare assistance (Article 22) and its improvement plans
- Family and guardians support system (Article 23) and its improvement plans
- Educational and financial support system and its improvement plans
Ⅲ. Expected Effect
□ Academic effect
○ This study has a significance as a basic research to propose legal and institutional improvement methods by analyzing current policies and legislations on children and adolescent with disabilities.
□ Effects in Policy
○ Reorganization of customized welfare service to change conditions of eligibility for welfare support service recipients and abolishing disability rating system and family support obligation rules could lead to welfare system reformation for people with disabilities including children and juveniles and their supporting system as well.
○ Future welfare policies improvements for children and adolescents with disabilities are discussed its rationality is demonstrated.