노인장기요양급여 대상자의 활동지원급여 수급권 제한에 관한 헌법적 쟁점 검토 — 헌재 2020. 12. 23. 2017헌가22, 2018헌가8(병합) 결정에 대한 평석을 겸하여 — = Review of Constitutional Issues to restrictions on the eligibility for the Activity Support Allowances of Long-Term Care Allowances recipients

다국어 초록 (Multilingual Abstract)

In this paper we analyzed the content of the Constitutional the Court’s Unconstitutionality Decision(2019Hun-Ka22) of Article 5(2) of the ACT ON ACTIVITY ASSISTANT SERVICES FOR PERSONS WITH DISABILITIES. Before reviewing the decision, we compared the relationship between the Long-Term Care Allowances and the Activity Support Allowances, and examined the problems with the restriction on the eligibility for the Activity Support Allowances. Following the decision of the Constitutional Court, the eligibility for Activity Support Allowances was expanded in the above-mentioned ACT which was revised in June 2022. As a result, person with disabilities who wish to live self-reliantly through social activities can receive an Activity Support Allowances regardless of age. Thus people with disabilities are able to be more strongly guaranteed the right to live a humane life than before. In light of these legislative improvements, the above-mentioned Decision can be considered a significant contribution to the advancement of the Fundamental Rights of people with disabilities.