recognize what deinstitutionalization is, so there are cases in which they cannot express their opinions even though they do not want deinstitutionalization, and if deinstitutionalization is forced on these people under the pretext of guaranteeing them the right to choose a place to live, it is rather a violation of their right to choose and therefore constitutes a violation of human rights. Moreover, some also argue that people with severe disabilities are unable to live independently and may face even greater risk from deinstitutionalization. Even if there are acquaintances who help the disabled, such as parents, it is difficult to completely prevent unexpected accidents because it is impossible to be around 24 hours a day, unlike a specialist in a facility for the disabled. C) Need for a Continuous Communications and Efforts Article 19 of the UN Convention on the Rights of Persons with Disabilities (Living independently and being included in the community) stipulates that all persons with disabilities have the right to live in the community on an equal basis with others, without isolation or segregation from the community. Moreover, States have the obligations to ensure that persons with disabilities have effective and appropriate access to in-home and residential, and other community support services, including appropriate measures to facilitate full enjoyment and full inclusion and participation in the community. In Aug. 2022, the UN Committee on the Rights of Persons with Disabilities expressed concerns about the Korean government's policy on persons with disabilities in its second and third concluding observations on the Korean government, and made a total of 79 recommendations. In particular, the recommendations for the ‘deinstitutionalization’ included “strengthening the implementation of deinstitutionalization strategies for adults and children with disabilities in residential facilities and improving the availability of community-based services” and “consult with disabled groups to review the ‘Roadmap to Support Deinstitutionalization of Persons with Disabilities’ and ensure sufficient budget and other measures pursuant to the agreement.” Focusing on the Ways to Review and Improve the Proposed ‘Act on Support for Deinstitutionalization of the Persons with Disabilities’」, 『Treatise on Labor Law』, The Korea Society of Comparative Labor Law, Aug. 2022. 73

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