This paper deals with issues arising from discussions about the introduction of a protection
and advocacy system for persons with disabilities to Korea, especially focused on the
background of those discussions and their historical flows. For that purpose, this paper analyses
materials relevant to those discussions such as papers, draft bills and current laws. Thereby,
this paper clarifies what issues should be addressed for the future discussions.
This paper divides the said issues into five categories. First, for the introduction of a new
Korean protection and advocacy system for persons with disabilities, which legislative way
between the enactment of the law on security of the rights of persons with disabilities and
the revision of the current act of the welfare of persons with disabilities is more suitable
is to be addressed. Second, the issue of how disabled persons shall be protected and advocate
is to be addressed. Third, whether the current provisions of the Welfare of Persons with
Disabilities Act that violations of the human rights of disabled persons, to which this Act applies,
is reduced to abuses of disabled persons, and that the independence of the protection and
advocacy agency of this Act is not guaranteed are to be maintained is to be addressed. Fourth,
the issue of how many agencies and civil organizations working for disabled persons can be
maintained without cumulation of their functions, roles and powers is to be addressed. Lastly,
whether the current situation that revision of current acts and enactment of new laws have
been proposed without defining the concept of abuses of disabled persons and their types is inevitable is to be addressed. This paper suggests that a protection and advocacy system
for disabled persons should be tailored to their individual needs without infringing their rights
to self determination to their own life, whereas independent and special agency shall be set
up for the protection and advocacy of disabled persons.