A comparative examination of disability anti-discrimination legislation in the United States and Korea

초록

This analysis compares legislation of the first country to enact these laws, the USA and its Americans with Disabilities Act (ADA) in original and amended versions, with Korea, which recently passed its Anti-Discrimination and Remedies for Persons with Disabilities Act in 2007. The intent is to identify ways in which countries such as Korea have learned from the American experience, focusing on similarities and differences between the two pieces of legislation, as well as the relevance of lessons learned to other countries considering similar legislation. Origins of the act in each country will be summarized, followed by a review of how disability is defined, what areas are subject to protection and the types of discrimination covered. Key judicial interpretations of the ADA which have greatest relevance to successful implementation of the Korean anti-discrimination law will also be discussed.

키워드