Disability Awareness Improvement in South Korea

Disability Awareness Improvement in South Korea

1) Purpose of Disability Awareness Education

1. Discrimination against persons with disabilities mainly arises from misconceptions and prejudices. Therefore, there is a need for the government to establish a more systematic and comprehensive plan at the national level to improve disability awareness. Since negative attitudes toward disabilities are deeply rooted and formed over long periods, change cannot occur instantly. In South Korea, the importance of disability awareness education has been increasingly emphasized, with various ongoing efforts to eliminate negative biases against people with disabilities.
2. The purpose of disability awareness education in kindergartens and schools is to support inclusive education between students with and without disabilities. In rehabilitation institutions, the focus is mainly on enhancing general understanding of disabilities. However, in employment settings, the primary goal of awareness education is to promote employment opportunities and ensure job security for people with disabilities.
3. While awareness education in educational and rehabilitation settings targets a diverse audience including children, students, adults, and local residents, awareness training in the workplace mainly targets employers, HR personnel, and non-disabled employees.

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2) Legal and Institutional Framework for Disability Awareness Education

(1) Anti-Discrimination Laws

• Article 11(1) of the Constitution of the Republic of Korea states: "All citizens are equal before the law" and that "No person shall be discriminated against in political, economic, social, or cultural life on account of sex, religion, or social status."
• Various laws explicitly prohibit discriminatory treatment, especially in relation to employment.
• Article 6 of the Labor Standards Act (Equal Treatment) states:
  "An employer shall not engage in discriminatory treatment in terms of working conditions based on gender, nationality, religion, or social status."
  This broadly prohibits gender-based discrimination and, more specifically, bans discrimination in employment conditions on other grounds.
• Two representative laws that specifically prohibit discrimination against persons with disabilities in employment are the:
  • Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy Against Infringement of Their Rights (commonly called the Anti-Discrimination Against Persons with Disabilities Act), and
  • Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons.
• The Anti-Discrimination Against Persons with Disabilities Act, enacted on April 10, 2007, was a major institutional step to prevent and eliminate long-standing societal prejudice and discrimination.
  Article 2(1) of this law defines disability as a long-term physical or mental impairment that significantly restricts a person’s daily life or social participation.

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(2) Welfare of Disabled Persons Act

• Article 9(3) of the Welfare of Disabled Persons Act states:
  "The State and local governments shall actively promote welfare policies for persons with disabilities and their guardians and shall establish policies necessary for the public to properly understand persons with disabilities."
• In relation to Article 9(3), Article 25 (Improvement of Social Awareness) outlines specific measures for disability awareness.
  Article 25(1) requires the state and local governments to conduct education and promotional activities (including public advertisements) to enhance awareness of persons with disabilities among students, civil servants, employees, and the general public.
  Article 25(2) mandates the inclusion of disability awareness content in textbooks used in schools, in accordance with the Elementary and Secondary Education Act.
• The Enforcement Decree of the Welfare of Disabled Persons Act specifies detailed obligations:
  • Article 16(1) requires the heads of central government agencies and local governments to establish and implement annual disability awareness training plans for their employees.
  • Article 16(2) mandates that school principals provide at least one disability awareness education session per year for students.
• Article 34 (Obligation of the State and Local Governments to Eliminate Discrimination Against Women with Disabilities) requires national and local governments to take proactive measures such as policies and systems to eliminate factors of discrimination against women with disabilities, including awareness improvement programs.

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(3) Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons

• In the employment sector, a December 2007 amendment to this Act made disability awareness education mandatory for employers, aiming to increase employment and improve working conditions for employees with disabilities.
• Article 5(4) of the Act stipulates that the Minister of Employment and Labor must develop and distribute education materials to help employers implement effective disability awareness training.
  (Provision established: December 27, 2007; revised: June 4, 2010)