• Korean Journal of Social Welfare
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• v.56 no.3
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• pp.227-251
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• 2004

The objective of this study is to explore the characteristic of welfare for the disabled on the focus of 'Welfare Law for the Disabled' through multiple paradigm of disability. A proper understanding of disability theory requires more than a distinction between individual and social model approaches. It is also helpful to distinguish between materialist and idealist explanations. These two dimensions are used to generate a four-fold typology. In 'Welfare Law for the Disabled of 1981', individual materialist position was dominated. In 'Welfare Law for the Disabled of 1989', individual idealist position dawned to appear. In 'Welfare Law for the Disabled of 1999' which expanded diverse community services, individual idealist position was strengthened and social creationist position started to appear. Several characteristics are found out after analysis of 'Welfare Law for the Disabled of 1999'. Individual materialist position, individual idealist position, and social creationist position are mixed. Though the goal of the law is based on social creationist position, the central policies and measures are based on individual materialist position and individual idealist position. So it is necessary to amend 'Welfare Law for the Disabled' in the direction of including social creationist position and social constructionist position.

• Korean Journal of Social Welfare
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• v.38
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• pp.255-283
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• 1999

The community chest has been known as an effective means for private sectors in social welfare by mobilizing community resources. The purpose of this study is to analyze the process of developing community chest system in Korea and to suggest how Korean community chest system can be changed to develop private sectors in social welfare. To obtain this purpose, the author studied as follows. Firstly, The difference between former Korean community chest law and new Korean community chest law were examined. Secondly, the background of establishment of Korean community chest law and the present condition and state of Korean community chest system for private sectors in social welfare were analyzed. Thirdly, the tasks to be solved about developing Korean community chest system for developing private sectors in social welfare were suggested as follows; 1) activating the demonstration work for influencing the formulation of pragmatic partnership between state and private sectors in social welfare 2) utilizing a variety of communication channels for community participation 3) cooperating and coordinating the relationship between community chest system and the most voluntary social welfare agencies 4) raising as much funds as possible for maintaining autonomy of private sectors in social welfare.

• Industry Promotion Research
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• v.5 no.4
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• pp.73-79
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• 2020

This study is based on the need to Lawively respond to changes in the population structure according to the low birth and elderly society, and to contribute to the establishment of policies on the welfare of the elderly, based on the need to review the "Elderly Welfare Law", and proposed ways to improve them by looking for problems with the Elderly Welfare Law. First, it is the enLawment of the Basic Law on The Welfare of the Elderly. As a proposal to improve the Elderly Welfare Law, it is a way to completely revamp the Elderly Welfare Law to grant a status as the basic law and the supreme law on the welfare of the elderly. Second, it is necessary to overhaul the law on elderly health and welfare measures and elderly welfare facilities. The plan is to revise the Elderly Welfare Law to clearly revise the legal charLawer of the elderly to the health and welfare measures of the elderly and the Law on elderly welfare facilities. Third, the legal system of the Elderly Welfare Law should be reorganized. The plan is to maintain the contents of the major welfare policies contained in the current "Elderly Welfare Law", but to revise it with a focus on the systemic issues mentioned above. In conclusion, the current "Elderly Welfare Law" was made in the context of the period at the time of its establishment and the basic courtesy of the elderly, and there are many points that are insufficient to cope with the low birth rate and the elderly society. Accordingly, this study proposes amendments and supplements to the Elderly Welfare Law, which can accept the request stipulated by the times due to changes in population structure.

• Journal of the Korean Institute of Rural Architecture
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• v.22 no.4
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• pp.87-95
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• 2020

People with disabilities are an important part of society. The world has a huge population of disabled people. Therefore, it is important to study the establishment and improvement of the disability welfare law. To carry forward the humanitarian spirit and develop the cause of the disabled is a signㄴ of social civilization. Improving the welfare system for the disabled is conducive to social progress. Disabled people have the same right to pursue a happy life as non-disabled people. Now, South Korea, China and Japan all have disability welfare laws. But the content of welfare law is not the same. China's welfare law for the disabled is also very detailed, but there are many problems. Such as education, medical care and so on. Therefore, through this study, to understand the perfect disabled persons' system in other countries, will play a positive role in the development of China's disabled persons' welfare law in the future. By comparing the welfare laws of the three countries, we can learn from each other and make progress. To contribute to the development of the cause of the disabled.

• Korean Journal of Social Welfare
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• v.44
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• pp.262-287
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• 2001

The purpose of this study is to monitor the implementation of UN Convention on the Rights of the Children (CRC) and to find out new directions for the promotion on the children's rights in Korea. Based on the module of International Save the Children Alliance (1993) about the children's rights and the Indicators of Korean Children's Wellbeing (Korean Council for Children's Rights, 1999), the revised Korean child welfare law (2000) as a related domestic law has compared with the 54 articles of CRC (1989). The results of this study are analyzed as follows: The Korean child welfare law has only 2 articles on the civil and political rights of the children in special need and neglects the economic, social and cultural rights of the general children at home. In consequence the Korean law has few survival rights of the general children for securing their adequate living standards and supplementing their parents' role. And it limits only to the development rights of the children in special need, therefore, it neglects the genera: children's rights to information, play and leisure, cultural activities. Above all, it has only 2 articles on the participation rights of the children in special circumstances. On the other hand, based on the indicators of Korean Children's Wellbeing, the collected data say that the budget for the child welfare is only 1.12% of the total budget of the ministry of the health and welfare and its 96.28% is for the children in substitutional care. Based on the results, implications for practice and future research are discussed, and new directions for the promotion of the children's rights are also suggested.

• 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.

• Journal of Legislation Research
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• no.41
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• pp.7-42
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• 2011

The social welfare law concerning the children, the elderly and the disabled has been sufficiently in the center of the discussion in the academic as well as practical arena. One can find however rarely academic proposals about the way of understanding, spheres affiliated with this legal system, and systematic characteristics. So these problems stay now vague. This article aims to approach to these points of issue. First, it tries to reveal the physical, psychological and psychic characteristics of these group of people. These situation are not to be effectively protected by norms and measures provided by other instruments of social security, i.e. social insurances and social assistances. Second, based upon these functional limits inherent to these instruments of social security the own system of the social welfare law is explored in this article. The discussing points are as follows; 1. the concept of social welfare law, 2. as core principles; realization of the personality and freedom based upon self-determination right, universalism and equality. 3. rearrangements of the legal provisions to bring harmony with the legal purpose and function of social welfare law. Finally, it is pointed that the evaluation of the relevant legislation is essential, since in this area the difference between the norm purpose and the reality could be immense.

• Korean Journal of Social Welfare
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• v.36
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• pp.39-69
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• 1998

The study is to grope for the unified device of the women's welfare policy in the United Korea by considering and comparing with the women's welfare in South Korea and North Korea centering on the women's welfare law and system among the social security laws and systems in the present both countries. The both Koreas have enforced the different women's welfare policies according to the different ideologies and constitutions. But in the welfare policy women are in the secondary stage by means of the ideology of sexual devision. It, therefore, is clear that the position of the North Korean woman goes in advance of the South Korean woman in the law and system. However, they are similar to the North Korean women in the aspects of the application of law and system. That is, both of them are discriminated not only in home and labor participation, but also in social welfare. There are the patriarchal family system and sexual devision of labor under the discrimination against woman. As though the both sexes are equal in law, the welfare law and system are applicated unequally to woman because of the ideology of sexual devision and familism which family should take the primary responsibility of welfare. From this perspective the women's welfare policy of the United Korea is not just to unify both laws and systems related women's welfare, but to search for the convergence on the higher level of quality and to make the real gender-equal society. The study suggests as the women's welfare the spread of the application of social welfare system, and social security network constructed through the mother protection policy, women's poverty and social security on basis of the primary principles such as the gender equal right as civil right, benefits of social welfare as social right, escape from the patriarchal familism, strengthening of resposibility of state and the principle of women participation in process of social welfare management. The device of women's welfare means building the social welfare system based on the real gender equality, so the unification will be the important turning point for the gender-equal society to the South-North Korean women.

• Korean Journal of Social Welfare
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• v.58 no.2
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• pp.167-195
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• 2006

The purpose of this study is to suggest the revision direction of the Korean Child Welfare Law based on the results of the comparative analysis on the Korean Child Welfare Law and the Japanese Child Welfare Law. The main results are: Both laws have only two provisions about children's participation right. The child protective system in Japan secures the swiftness of within-two-months period of temporary protection through the child consulting center, the investigation right by the child welfare worker, publicity, enforcement on the parents' rights, and the network with the nearest child supporting center. Furthermore, those provisions with the notifying obligation by a finder of the child who needs protection and the limit of protection period are guaranteed in order to ensure the effectiveness of law enforcement. However, Korean child protective system functions only as pre-substitutive service. While the provisions for the disability children account for 21.2% of the total Japanese law, there is no provision on that in the Korean law. The Japanese law is substantially different from the Korean law in a sense that it obligates the minimum quality criteria of child service and national financial burden on the child welfare. While the Japanese law clearly stipulates the national responsibility in relation to the degree of the rights, the Korean law does not directly touch upon it. Furthermore, the Japan's law guarantees that not only children but also protectors retain the right to choose and apply for services.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2009.11a
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• pp.203-206
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• 2009

As the rate of the elderly is proportionally increasing in society, the demands of this group and the services pertaining to them is increasing. The demand for improved services is in relation to national income, the development of medical techniques and the interests of elderly. Therefore, the demand for aged social welfare facilities and management of them is increasing. This paper will focus on the types and states of aged social welfare facilities under the revised aged social welfare law in 2008. Following this research, The Social Welfare Corporation is the highest management level. To date the establishment of more infrastructure has increased rapidly, since 2000. There are many small facilities and a few large facilities.