Ⅰ. 서 론
1. 연구의 필요성 ···················································································· 1
2. 연구내용과 범위 ·················································································· 4
Ⅱ. 이론적 배경
1. 인권에 관한 이해 ················································································ 7
1) 인권의 개념 및 특징 ······································································ 7
(1) 인권의 개념 ·················································································· 7
(2) 인권의 특징 ·················································································· 9
2) 인권의 유형 ···················································································· 10
(1) 제1세대 인권 ·············································································· 11
(2) 제2세대 인권 ·············································································· 11
(3) 제3세대 인권 ·············································································· 12
3) 인권관련이론 ·················································································· 13
2. 장애인거주시설 종사자와 인권 ······················································ 15
1) 노동자로서의 권리 ········································································ 16
(1) 근로기준법 준수 ········································································ 16
(2) 노동3권의 실현과 노동자의 일반적 권리 ···························· 17
2) 성차별 및 성폭력의 금지와 여성 노동자의 권리 ·················· 19
3) 종교의 자유보장과 보편적 차별 금지 ······································ 21
4) 공익 제보자의 보호 ······································································ 21
5) 거주인의 폭력과 안전보장 ·························································· 22
(1) 거주인 폭력의 개념 ·································································· 22
(2) 폭력의 유형 ················································································ 23
3. 장애인거주시설과 시설 종사자 ······················································ 26
1) 장애인거주시설의 변천과정 및 현황 ········································ 26
2) 장애인거주시설 종사자 현황 및 근로실태 ······························ 29
3) 장애인거주시설의 제도적 학대 현황 ········································ 30
4) 생활재활교사의 업무특성 ···························································· 33
Ⅲ. 해외 국가 사례
1. 미국 ······································································································ 35
1) 인권보호 제도 및 관련 법령과 시행기구 ································ 35
(1) 시민권법 ······················································································ 35
(2) 공정노동기준법 ·········································································· 36
(3) 고용차별 금지법 결과 ······························································ 37
(4) 산업안전보건법 ·········································································· 37
2) 장애인거주시설 종사자 인권보호를 위한 지침/매뉴얼 ········ 43
3) 시사점 ······························································································ 53
2. 일본 ······································································································ 55
1) 장애인복지 종사자 인권보호 제도 및 관련 법령 ·················· 55
(1) 장애인복지 관련 종사자 인권보호를 위한 법률과 지침 ·· 56
(2) 장애인복지관련 종사자 인권보호를 위한 제도 ·················· 58
(3) 장애인복지시설 종사자 및 기관을 위한 배상책임 제도 ·· 64
(4) 기타 ······························································································ 65
2) 장애인거주시설 종사자 인권보호를 위한 지침/매뉴얼 ········ 68
(1) 고용관리 개선 매뉴얼 제공 ···················································· 68
(2) 위기관리 매뉴얼 ········································································ 69
(3) 복지시설 종사자 등 개호종사자 요통예방 매뉴얼 ············ 70
(4) 사회복지시설 안전 대책 매뉴얼 ············································ 70
3) 시사점 ······························································································ 71
Ⅳ. 조사연구
1. 양적조사 ······························································································ 74
1) 조사 방법 및 내용 ········································································ 74
(1) 조사대상 및 자료수집 방법 ···················································· 74
(2) 측정 도구 개발 및 자료 분석 방법 ······································ 74
2) 조사 결과 ························································································ 75
(1) 일반적 특성 ················································································ 75
(2) 근로여건 ······················································································ 76
(3) 근로여건: 휴식 및 취침 ··························································· 82
(4) 근로여건: 업무 ··········································································· 84
(5) 근로여건: 차별 ··········································································· 89
(6) 건강/안전 ··················································································· 90
(7) 근무기간별, 시설유형별, 직종별 및 소재지별 집단 간 차이 분석 ·································································· 105
3) 소결 ································································································ 119
2. FGI 조사결과 ···················································································· 123
1) 조사 목적 및 조사 내용 ···························································· 123
2) 선정 원칙 및 조사 방법 ···························································· 125
3) FGI 조사 분석 ·············································································· 127
(1) 업무 만족도 및 근로여건 ······················································ 127
(2) 기관 내 차별 빈도(성차별 등) ············································· 129
(3) 장애인들의 폭언· 폭행 사례 및 대안 ································ 131
(4) 장애인들의 성희롱· 폭행 현황과 정책적 대안 ················ 134
(5) 직장 내 성희롱 경험·현황과 정책적 대안 ························ 136
(6) 거주시설 종사자들의 인권보장 매뉴얼 개발에 대한 의견 ···· 138
(7) CCTV, 비상벨, 격리실에 대한 의견 ··································· 139
(8) 거주시설 종사자이 인권보장을 위해 시급히 개선되어져야 하는 점 ··············································· 140
4) 소결 ································································································ 142
3. 사례조사 ···························································································· 145
1) 조사 목적 및 조사 내용 ···························································· 145
2) 선정 원칙 및 조사 방법 ···························································· 146
3) 사례조사 분석 ·············································································· 146
(1) 사례1. 거주인에 의한 성추행 ············································· 146
(2) 사례2. 거주인에 의한 언어 및 신체적 폭력 ····················· 147
(3) 사례3. 거주인에 의한 폭행 및 성추행
(중복 장애를 가진 거주인) ·················································· 151
(4) 사례4. 동료 직원에 의한 성폭력 ········································· 153
(5) 사례5. 육아휴직 ······································································· 154
(6) 사례6. 종교의 자유 ································································· 156
Ⅴ. 결론 및 제언
1. 결론 ···································································································· 158
1) 근로현황 ························································································ 159
2) 업무여건 ························································································ 161
3) 직장 내 차별 ················································································ 162
4) 건강/안전 ······················································································ 163
5) 성희롱과 폭행 ·············································································· 165
6) 안전장치......................................................................167
2. 연구의 한계점 ·················································································· 167
3. 제언 ···································································································· 168
1) 종사자의 인권보호 및 서비스 질 향상을 위한
관련 법령 재정비 ········································································ 168
2) 종사자 인권보호 및 서비스 질 향상을 위한
다양한 주체들의 역할 재정비 ·················································· 171
3) 후속연구 제언 ·············································································· 186
참고문헌 ································································································· 188
첨부 ········································································································· 194
