Reconsidering the Boundaries of Disability Categories in South Korea: The Inclusion of Chronic Illness

Abstract

The current Korean Act on Welfare of Persons with Disabilities strictly defines disability based on specific types of physical and mental impairments, which results in the exclusion of individuals with certain chronic illnesses from the disability category. This study examines the legal and institutional issues surrounding the expansion of disability categories and reviews major international cases to propose directions for improving Korea’s disability welfare system. The findings indicate that countries such as the United Kingdom, Germany, and Japan define disability based on functional limitations and difficulties in social participation, and they have established legal grounds for including certain chronic illnesses within the scope of disability. An analysis of domestic court rulings on disability recognition reveals that the expansion of disability categories has primarily been driven by individual legal disputes. Since the 2010s, Korean courts have increasingly interpreted the list of qualifying conditions under the Act as an illustrative guideline rather than an exhaustive enumeration, signaling a shift toward assessing disability in the context of social and environmental interactions. This study also argues that social consensus and institutional coordination are necessary to address the potential financial and administrative burdens caused by an increase in welfare recipients, and that gradual expansion of disability categories and flexible policy implementation are required to ensure the sustainability of the system.