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일정기준 미만의 공중이용시설에 대한 장애인 접근성 실태조사 : 2016년도 인권상황실태조사 연구용역보고서

일정기준 미만의 공중이용시설에 대한 장애인 접근성 실태조사 : 2016년도 인권상황실태조사 연구용역보고서

Material type
단행본
Personal Author
임성택, 연구책임 최정규, 연구 정진, 연구 이주언, 연구 김용진, 연구 배융호, 연구 김남진, 연구 이영범, 연구
Corporate Author
두루, 연구수행
Title Statement
일정기준 미만의 공중이용시설에 대한 장애인 접근성 실태조사 : 2016년도 인권상황실태조사 연구용역보고서 / 임성택 연구책임 ; 최정규 [외]공동연구 ; 두루 연구수행
Publication, Distribution, etc
서울 :   국가인권위원회,   2016  
Physical Medium
xxii, 245 p. : 도표 ; 27 cm
ISBN
9788961145015
General Note
공동연구: 정진, 이주언, 김용진, 배융호, 김남진, 이영범  
부록: 시도/산업/사업장면적규모별 사업체 수 - 소매업(통계청, 2014), 시도/산업/사업장면적규모별 사업체 수 - 이미용업(통계청, 2007)  
000 00000nam c2200205 c 4500
001 000045901614
005 20170404175339
007 ta
008 170331s2016 ulkd 000c korCX
020 ▼a 9788961145015 ▼g 93300
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 11-1620000-000615-01
082 0 4 ▼a 342.087 ▼2 23
085 ▼a 342.087 ▼2 DDCK
090 ▼a 342.087 ▼b 2016
245 0 0 ▼a 일정기준 미만의 공중이용시설에 대한 장애인 접근성 실태조사 : ▼b 2016년도 인권상황실태조사 연구용역보고서 / ▼d 임성택 연구책임 ; ▼e 최정규 [외]공동연구 ; ▼e 두루 연구수행
246 3 0 ▼a 인권상황실태조사 연구용역보고서
260 ▼a 서울 : ▼b 국가인권위원회, ▼c 2016
300 ▼a xxii, 245 p. : ▼b 도표 ; ▼c 27 cm
500 ▼a 공동연구: 정진, 이주언, 김용진, 배융호, 김남진, 이영범
500 ▼a 부록: 시도/산업/사업장면적규모별 사업체 수 - 소매업(통계청, 2014), 시도/산업/사업장면적규모별 사업체 수 - 이미용업(통계청, 2007)
700 1 ▼a 임성택, ▼e 연구책임
700 1 ▼a 최정규, ▼e 연구
700 1 ▼a 정진, ▼e 연구
700 1 ▼a 이주언, ▼e 연구
700 1 ▼a 김용진, ▼e 연구
700 1 ▼a 배융호, ▼e 연구
700 1 ▼a 김남진, ▼e 연구
700 1 ▼a 이영범, ▼e 연구
710 ▼a 두루, ▼e 연구수행
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342.087 2016 Accession No. 111769822 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

제1장 서론····················································································································· 1
제1절 연구의 배경과 목적························································································· 3
Ⅰ. 연구의 배경 ·····································································································3
Ⅱ. 연구의 목적 ·····································································································8
제2절 연구의 내용, 방법 및 범위············································································· 8
Ⅰ. 연구의 내용과 방법 ······················································································· 8
Ⅱ. 연구의 범위 ·································································································9
제3절 선행연구 검토································································································ 10
Ⅰ. 논문 ················································································································10
Ⅱ. 실태조사 및 모니터링 ················································································12
1. 장애인등편의법 에 따른 실태조사 ·······················································12
2. 국가인권위원회의 실태조사 또는 모니터링 ··········································13
3. 시설별 실태조사 ·······················································································15
Ⅲ. 본 연구와 선행연구의 비교 ········································································18
1. 실태조사 ·····································································································18
2. 정책 연구 ···································································································19
제2장 장애인의 시설물 접근권·················································································· 21
제1절 시설물 접근권 ······························································································ 23
Ⅰ. 접근권의 내용 ·······························································································23
1. 접근권의 의의 ···························································································23
2. 접근권의 등장 배경 ··················································································24
3. 접근권의 헌법적 기초와 법적 성격 ·······················································24
Ⅱ. 접근권의 유형과 시설물 접근권 ·································································25
1. 접근권의 유형 ···························································································25
2. 시설물 접근권의 의의 ··············································································26
3. 장애유형별 시설 접근권의 내용 ·····························································26
제2절 시설물 접근권 관련 결정례 및 판례···························································· 33
Ⅰ. 국가인권위원회 진정 사례 ··········································································33
1. 개괄 ············································································································33
2. 학교 또는 도서관 관련 사례 ···································································34
3. 종교시설 사례 ···························································································36
4. 휠체어 리프트 개선방안 권고 ·································································37
Ⅱ. 판례 ················································································································38
1. 개괄 ············································································································38
2. 편의시설 미제공을 이유로 손해배상책임을 인정한 사건 ··················· 38
3. 학교의 배려의무위반을 이유로 손해배상책임을 인정한 판결 ··········· 39
4. 전맹 장애인의 목욕탕 이용을 거부한 것이 정당하다는 판결 ··········· 40
제3절 시설물 접근권 관련 법률·············································································· 41
Ⅰ. 장애인권리협약 ·························································································41
1. 장애인권리협약 의 의의 ········································································41
2. 접근성 조항 ·······························································································41
3. 접근성 조항의 규범력 ··············································································43
4. 접근성에 관한 일반논평 ··········································································44
5. 이행보고서 지침 ·······················································································50
Ⅱ. 장애인복지법 ·····························································································51
1. 연혁 ············································································································51
2. 현행 장애인복지법 의 시설물 접근권 관련 조항 ······························ 52
Ⅲ. 장애인등편의법 ·························································································54
1. 연혁 ············································································································54
2. 장애인등편의법 의 주요 내용 ·······························································56
3. 장애인등편의법 의 문제점 ····································································64
Ⅳ. 장애인차별금지법 ······················································································66
1. 개요 ············································································································66
2. 시설물 접근권 조항 ··················································································66
3. 예외 사유 및 적용범위 ············································································67
4. 장애인차별금지법 관련 조항의 문제점 ··············································69
Ⅴ. 기타 법률 ·······································································································72
1. 건축법 ·····································································································72
2. 도로법 ·····································································································74
3. 조세특례제한법 ······················································································76
제3장 일정기준 미만 예외 인정의 문제점···························································· 77
제1절 서설················································································································ 79
Ⅰ. 예외 인정의 문제점과 장애인권리위원회의 권고 ····································79
Ⅱ. 언론 보도에 나타난 문제제기 ·····································································80
Ⅲ. 법률 개정안의 발의 ······················································································81
제2절 예외 인정의 문제점······················································································· 82
Ⅰ. 면적을 기준으로 예외를 인정한 규정의 문제점 ······································82
1. 광범위한 일률적 예외 인정 ····································································82
2. 예외를 인정할 정당한 이유가 있는지 ···················································83
Ⅱ. 건축연도를 기준으로 예외를 인정한 규정의 문제점 ·······························85
1. 경과규정을 두지 않으면 소급입법금지원칙 위반에 해당하는지 ········ 85
2. 기존 건물에 적용하는 것이 신뢰보호원칙에 위반되는지 ··················· 86
Ⅲ. 시설물 이용상의 차별과 예외 인정 ···························································87
제3절 결론················································································································ 88
제4장 실태조사 분석······························································································ 89
제1절 실태조사의 개요···························································································· 91
제2절 실태조사의 방법···························································································· 91
Ⅰ. 대상지역 및 시설의 선정 ············································································91
1. 대상지역 ·····································································································91
2. 대상시설 ·····································································································92
Ⅱ. 조사기준 및 방법 ·························································································93
1. 조사대상 공중이용시설의 수 ···································································93
2. 실태조사 대상시설 최종 선정 ·································································93
Ⅲ. 실태조사지 개발 ···························································································93
제3절 실태조사결과·································································································· 94
Ⅰ. 사전 조사 대상 시설 ····················································································94
Ⅱ. 본 조사 대상 시설 ························································································94
Ⅲ. 실태조사 결과 분석 ······················································································95
1. 업종별 비율 ·······························································································95
2. 건물 유형 ···································································································95
3. 접근로 ·········································································································96
4. 장애인전용주차구역 ··················································································97
5. 출입구 높이 차이 제거 ············································································98
6. 출입문 ·······································································································100
7. 복도 ··········································································································101
8. 장애인용 화장실 ······················································································102
9. 점자블록 ···································································································104
10. 장애유형별 정당한 편의제공 ·······························································105
11. 음식점(카페)의 좌석 ·············································································106
12. 수퍼마켓(편의점)의 통로와 지원 ························································107
13. 미용실의 의자 및 구조 ········································································108
14. 숙박시설의 장애인용 객실 설치 ·························································109
15. 노래연습장의 정당한 편의 ···································································110
16. 실태조사 소결 ·······················································································112
Ⅳ. 시설주 인터뷰 ·····························································································113
1. 목표 및 취지 ···························································································113
2. 인터뷰 방법 ·····························································································113
3. 시설주 인터뷰 개요 ················································································113
4. 인터뷰 결과 분석 ····················································································114
Ⅴ. 장애인 당사자 인터뷰 ················································································116
1. 목표 및 취지 ···························································································116
2. 장애 유형 및 인원 ··················································································116
3. 인터뷰 방법 ·····························································································117
4. 인터뷰 결과 분석 ····················································································117
제5장 해외사례 연구···························································································· 125
제1절 서설·············································································································· 127
제2절 미국·············································································································· 128
Ⅰ. 개관 ··············································································································128
Ⅱ. 법무부 가이드라인의 적용 범위 ·······························································133
1. 공중이용시설의 종류 ··············································································133
2. 법무부 가이드라인의 구체적인 내용 ···················································134
3. 법무부 가이드라인이 적용되지 않는 예외 사례 ································136
Ⅲ. 기존 건물 등에 적용되는 기준 ·································································137
1. 기존 건물에 적용되는 용이하게 달성할 수 있는(Readily Achievable)
기준의 내용 ·····························································································137
2. 대안적 조치(Alternative Measures) ·························································140
3. 건축 시기 및 규모에 따른 미국장애인법 준수 의무 ·····················142
Ⅵ. 접근성 준수 비용 및 정부의 지원 ···························································144
1. 접근성 보장에 소요되는 평균 비용 ·····················································144
2. 비용 부담의 주체 ····················································································147
3. 정부의 지원 ·····························································································148
Ⅴ. 물리적 장벽 제거 의무의 이행 ·································································149
1. 개관 ··········································································································149
2. 단계별 이행 권고 ····················································································150
3. 모니터링과 이행 강제 ············································································152
4. 벌금 부과 ·································································································153
5. 정부 부처의 역할 ····················································································153
6. 정부의 교육 및 홍보 활동 ····································································154
제3절 영국·············································································································· 155
Ⅰ. 개관 ··············································································································155
Ⅱ. 합리적 조정 의무의 구체적인 기준 및 적용범위 ··································155
1. 합리적 조정 의무 ····················································································155
2. 합리적 조정 의무의 예외 ······································································158
Ⅲ. 건축연도 및 규모에 따른 법령 적용 ·······················································158
1. 건축 연도에 따른 적용 범위 ·································································158
2. 건물 면적에 따른 적용 범위 ·································································158
Ⅳ. 경제적 비용 및 정부의 지원 ·····································································159
Ⅴ. 이행 수단 ·····································································································159
제4절 독일·············································································································· 160
Ⅰ. 개관 ··············································································································160
Ⅱ. 배리어프리 관련 법령의 내용 및 적용범위 ············································160
1. 신 개축 관련 법령의 구체적 내용 ·······················································160
2. 신축, 증축, 개축 건물에 대한 법령 적용의 예외 상황 ·····················162
3. 법 제정 이전에 건축된 기존 건물에 적용되는 법령의 주요 내용 ·· 163
Ⅲ. 건축연도 및 규모에 따른 법령 적용 ·······················································163
1. 건축연도에 따른 적용 ············································································163
2. 규모에 따른 적용 ····················································································164
Ⅳ. 정부의 지원 ·································································································164
Ⅴ. 이행수단 ·······································································································165
1. 목표 합의 ·································································································165
2. 단체소송 ···································································································166
3. 위반에 대한 제재 ····················································································167
제5절 일본·············································································································· 168
Ⅰ. 개관 ··············································································································168
Ⅱ. 배리어프리법과 조례의 내용 ·····································································168
1. 고령자, 장애인 등 이동 등의 원활화 촉진에 관한 배리어프리법 ·· 168
2. 도쿄도 복지 마을 만들기 조례 ·························································170
Ⅲ. 건축 연도 및 규모에 따른 의무 적용 ·····················································171
Ⅳ. 예상 비용 및 정부의 지원 ········································································172
1. 접근권 보장에 소요되는 비용 ·······························································172
2. 지원제도 ···································································································173
제6절 소결·············································································································· 175
제6장 일정기준 미만 공중이용시설의 접근권 개선방안··································· 177
제1절 서설·············································································································· 179
제2절 관련 법령의 개정방안·················································································· 180
Ⅰ. 총설 ··············································································································180
Ⅱ. 장애인차별금지법령 개정방안 ···································································181
1. 개요 ··········································································································181
2. 규모 관련 규정의 개정 ··········································································182
3. 적용시기 관련 규정의 개정 ·································································183
4. 대안적 조치 명시 ····················································································184
5. 편의시설 이외의 정당한 편의를 추가 ·················································185
6. 장애인차별금지법 개정안의 정당성 검토 ········································185
Ⅲ. 장애인등편의법령 개정방안 ·······································································188
1. 일정기준 미만의 시설물에 관한 규율 방식 개정 ······························188
2. 편의시설 설치 대상의 확대 ···································································190
3. 연도에 따른 예외 문제의 해결 ·····························································192
4. 대안적 조치의 강구 ················································································193
5. 실내건축시 편의시설 설치 의무화 ·······················································195
6. 지원제도의 마련 ······················································································197
7. 기타 편의제공의 의무화 ········································································199
8. 장애인등편의법 개정안의 정당성 검토 ············································201
Ⅳ. 기타 법령 개정 ···························································································205
1. 건축법 개정 ·························································································205
2. 도로법 개정 ·························································································206
3. 조세특례제한법 개정 ··········································································207
제3절 정부 및 지방자치단체의 역할····································································· 208
Ⅰ. 정부의 역할 ·································································································208
1. 일정기준 미만 시설 접근성 개선 위한 전담부서 설치 ·····················208
2. 사전 실태조사 실시 ················································································209
3. 편의시설 설치 및 정비를 위한 보조금 지급 ······································210
4. 유니버설 디자인 기반 국가종합계획 수립 및 시행 ···························216
5. 시설주 등 대상 교육 의무화 ·································································217
6. 프랜차이즈 표준약관에 편의시설 설치 의무 반영 ·····························218
Ⅱ. 지방자치단체의 역할 ··················································································219
1. 편의시설 설치 지원의 확대 ···································································219
2. 편의시설설치 촉진기금의 설치 및 운용 ··············································221
3. 시설 접근성 개선 전담 부서 및 위원회 설치 ····································224
4. 유니버설 디자인 종합계획 수립 및 시행 ············································225

[부록] ···········································································································227
시도/산업/사업장면적규모별 사업체 수 - 소매업(통계청, 2014년) ············· 229
시도/산업/사업장면적규모별 사업체 수 - 이미용업(통계청, 2007년) ··········243

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