• Korean Journal of Social Welfare
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• v.61 no.3
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• pp.5-28
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• 2009

The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

• The Journal of the Korea Contents Association
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• v.21 no.2
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• pp.631-640
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• 2021

The purpose of this study focuses on and explain the policy-determining factors that emerged in the process of revising customized wages for the National Basic Livelihood Security Act on December 30, 2014. This is an analysis of the reasons why the rapid revision of the welfare system could have been made at a certain time in a situation that did not progress despite the specific demand for revision of the law surrounding the blind spot. To this end, using Kingdon's policy flow model, which emphasizes the contingency of policy decisions, the flow of problems, political flows, and policy alternatives were reviewed respectively. In the course of each of these flows, the suicide incident of mother and 2 daughters in Songpa served as a major medium that played a large role in the policy-making process and the window of policy could be opened. As a result, This incident triggered social and policy interest in the issue of the National Basic Livelihood Security Act. It was found that the law was revised quickly, causing a great wave of waves as a social issue.

• 한국사회복지학회:학술대회논문집
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• 2000.10a
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• pp.385-401
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• 2000

• The Journal of the Convergence on Culture Technology
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• v.6 no.1
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• pp.313-320
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• 2020

The aim of this study is to analyze the structural factors of cosponsorship network in the National Basic Livelihiid Security Legislative Revision. This study use ERGM method and Korea Congress Data. The result of the analysis shows outlet effect and transilative effect is negative. It suggests that inactivaion of the congress on the public welfare.

• Journal of Legislation Research
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• no.41
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• pp.171-200
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• 2011

Protection of vulnerable people in our country today, "the National Basic Livelihood Security Act," is primarily responsible. But current law income and wealth, and by a person responsible for supporting consider only the absolute protection of the poor, and because it is insufficient for the protection of vulnerable people. Specifically, current law does not mean the relative poverty of vulnerable people is limited to the protection of economic demand. It also incorporates the payment of salaries paid individual because the people most vulnerable to social protection is insufficient demand. Dependent regulation is too strict and a person responsible for supporting do not receive legal protection by forming a dead zone is a major cause. In this study, the development direction for the protection of vulnerable people suggests. The first, "National Basic Livelihood Security Act" award in determining the minimum cost of living is relatively proposed to introduce the concept of poverty. Second, payment of the consolidation benefit and the individual benefit to adopt a intermix approach, the social needs of vulnerable people to adapt to that proposed. Third, a person responsible for supporting dependent criteria and whether according to the actual supporting to be judged.

• 한국사회복지학회:학술대회논문집
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• 2001.10a
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• pp.381-407
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• 2001

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Journal of Teachers' Pension
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• v.5
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• pp.137-190
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• 2020

최근 특수직역연금 가입자도 기초연금을 적용받고자 하는 요구가 증가되고 있다. 기초연금제도 시행부터 특수직역연금 가입자는 원천적으로 기초연금에 대한 법 적용이 배제되어 왔었다. 빈곤상태에 있는 65세 이상의 노인층을 특수직역연금 수급권자에 해당한다는 이유로 기초연금 대상자에서 제외하는 것은 노인의 생활을 지원하고 복지를 증진시킨다는 기초연금법의 도입 목적을 온전히 실현하지 못하는 측면이 있다. 그러므로 모든 공적연금 수급자를 대상으로 실제 소득이 기초연금 기준액보다 미달할 경우에는 기초연금을 받을 수 있도록 제도적인 개선이 마련되어야 할 것이다. 저소득의 특수직역연금 수령자들에게 보다 안정된 노후 보장을 지원하는 방안이 마련되어야 한다. 본 연구에서는 특수직역연금 가입자 중에서 사학연금 가입자를 대상으로 기초연금 선택적용에 대한 타당성 여부를 살펴보고자 하였다. 공무원연금과는 달리 사학연금 가입자 중에서 일부 유치원 교사나 간호사 직군의 경우에는 소득이 그다지 높지 않는 경우가 있다. 이러한 계층은 기초연금 적용을 고려해볼 필요가 있다. 특히, 유족연금 수급자의 경우에는 기초연금 선택적용을 적극적으로 고려해보는 정책적 검토가 필요하다고 본다. 본 연구는 다음과 같이 주장하고자 한다. 첫째, 사학연금 수령자 중에서 실제로 저소득자인 경우에는 기초연금을 적용하는 법안을 마련하여야 한다. 둘째, 해외에서의 기초연금 적용은 모든 가입자를 대상으로 적용하고 있다. 해외 사례와 같이 전 국민을 대상으로 모든 공적연금 가입자에게 기초연금 적용을 고려하여야 한다. 셋째, 유족연금 수급자 중에서 기초연금 지급액보다 낮은 연금액을 수령하는 자에게는 유족연금보다는 기초연금을 수령할 수 있는 방안을 모색해 보아야 한다. 넷째, 기초연금의 재원은 조세로 이루어지는 것으로서 국민연금 수급자와의 형평성을 고려하여 특수직역연금 가입자의 경우에도 기초연금을 적용하여 기본적 소득의 충족과 동시에 노후소득 보장을 더욱 강화할 필요가 있다. 본 연구는 사학연금 가입자를 대상으로 기초연금 선택적용에 대한 대한 기초자료를 제공하고자 하였다. 이와 같은 기초연금제도 적용은 우리나라의 사학연금 수급자의 노후소득 보장을 한층 강화하는 측면에서 긍정적이며, 기초연금 선택적용에 대한 타당성과 도입방안 등을 살펴보았다는 점에서 의의가 있다.

• Korean Journal of Social Welfare
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• v.58 no.1
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• pp.395-423
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• 2006

The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

• Korean Journal of Social Welfare Studies
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• no.37
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• pp.171-197
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• 2008

This study focuses on the following question; self-supporting training program increases participants' income compare to non-participants who have similar characteristics. This question is based on counterfactual assumption. In other words, this study concentrates on what the outcomes would have been if the participants were to be absent. This study adopts a quasi-experimental design. To overcome previous study's methodological weaknesses, especially selection bias, I applied matching procedure based on a propensity-score matching. Matching process was performed by using 'MatchIt' software. The major findings are as follows From Least Squares Regression analysis, I found the poor's income are significantly different according to age, pre-intervention earning, material status, and participation of training. Since the poor have homogeneous education level, education variable was not statistically significant. From the Simulation Quantities of Interest analysis, I also found that treatment group's expected incomes are lower than control's expected incomes. In other words, participation of training has a negative effect on the participants' earnings.