Review on Complicated Issues surrounding the concept of Disability based on Social Model of disability in the Law Article

There has been growing wide social consensus on the paradigm of social model of disability which explains the cause of disability is derived from not disabled people themselves but social oppression and discrimination and social barrier in our society. In the meanwhile, some insist that there needs to make law Articles embody the notion of social barrier in the definition of disability. However there also seems to be needs to reflect what the merit is when law article embodies such an paradigm of social model of disability. Also there is some wonder that including the notion of physical or mental impairment in the Article automatically indicates the adoption of medical model of disability. In addition, in the process of dwelling on these issues there needs to identify what the use of disability enrollment system is. With these all consideration this research debates those issues through reviewing related legislation contents of the definition of disability in South Korea and 4 Foreign countries. As the results, this research confirms the necessity of abolishment of disability enrollment system in order to escape of pervasive overwhelming domination of medical model of disability. And to avoid unnecessary confusion there needs to introduce new concept like ‘participants’ rather than disabled people so as not to mix the necessity of introduction of social model of disability and articulate specifically the boundary of eligibility in the Law. In addition there needs to focus actual difficulties suffering from daily life of disabled people rather than staying on the physical or mental impairment itself. Finally discussing body including disabled people and their family, practice specialists, government and academic researchers should be organized and underpined in the process of designing how to solve the legal concept of disability with paradigm of social model of disability. Despite these implication there are some limits due to limited speculation such as 4 foreign countries, exclusion of discussion discussing the differences between welfare benefit-related laws and disability discrimination-related laws.