• Title/Summary/Keyword: social welfare service act

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Recent Trends and Alternatives of Korean Social Welfare Service Policies - Integration of Market and Anti-market Schemes- (사회서비스 정책의 동향과 대한 - 시장 기제와 반-시장 기제의 통합 -)

  • Kim, Kong-deug
    • Korean Journal of Social Welfare Studies
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    • no.36
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    • pp.5-28
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    • 2008
  • The purpose of this study is to review recent trends and major emerging problems and explore alternatives of Korean social welfare service policies. The concerns on social welfare service are triggered by the issues of rapid getting lower birth rate and severe growing rate of old people. These concerns resulted in the expansions of social welfare services. But Korean social welfare service systems are not prepared for these expansions. Presenting problems are disconnection between state and local governments, not securing minimum standards on accessibility and service provision, excessive concerns on making caring jobs and lacking in securing of safety and rights of vulnerable service users. As alternatives, this study proposes the integration of market approaches which can facilitate service user's choice and anti-market schemes which could act against the negative effects of market approaches.

A Study on Improvement of Laws regarding Welfare for the Aged (노인복지 관련법제의 발전방향)

  • Park, Ji-Soon
    • Journal of Legislation Research
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    • no.41
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    • pp.87-123
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    • 2011
  • Korea is expected to become an 'aged society' with more than 14 percent of the public aged 65 years or more by 2018. The rapid aging is giving rise to various problems within the society along with falling birthrate in a short period of time. In this context, the role and function of laws on welfare for the aged must be particularly emphasized. Also the Senior Citizens Welfare Act is of great importance as it provides social welfare service on the basis of functional connection with social insurance and public assistance. First, this paper looks into the history of laws related to welfare for the elderly such as the Senior Welfare Act, the Act on Long-term Care Insurance for Senior Citizens and the Basic Old Age Pension Act as well as the findings of earlier studies. In the second place, it will break down such laws by main components aiming to examine details of the laws and questions raised regarding them and to seek ways to achieve improvement with an emphasis on health care, old age income security, housing welfare(assisted living facilities), job security for the aged. The Senior Welfare Act offers substance of social welfare service for the elderly. Income security, health and medical care, welfare measures through long-term care and assisted living facilities, social participation by working are the key elements and all of them should be closely associated to ensure citizens get sufficient public support in their old age. For this purpose, the Senior Welfare Act is under a normative network with laws such as Act on Long-term Care Insurance for Senior Citizens and Basic Old Age Pension Act. Current laws on welfare for the aged including Senior Welfare Act are not sufficiently responsive to the aged society of the 21st century. Income security combined with decent social participation, health and medical care closely connected with long-term care system, efficient expense sharing between government and local government, enhancement of effectiveness of welfare measures can be considered as means to improve current welfare system so that the elderly can enjoy their old age with dignity and respect.

Discourses on Mental Health Act Revision and Critical Analysis on Mental Health Promotion and Welfare Service Support Act (정신보건법 개정 담론에 근거한 정신건강증진 및 정신질환자 복지서비스 지원에 관한 법률 주요 쟁점 분석)

  • Kim, Moon Geun
    • Korean Journal of Social Welfare Studies
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    • v.47 no.3
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    • pp.85-111
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    • 2016
  • This study aims to analyse major changes of Mental Health Promotion and Welfare Service Support Act(MHPWSSA) and critically discuss these changes based on the major discourses on Mental Health Act revision. For this purposes this study reviewed literatures and government reports to understand human rights discourses, welfare discourses, and prevention discourses. Secondly, the major changes of MHPWSSA were analysed and discussed based on those discourses. This study found that MHPWSSA defined the concept of people with mental disorders narrowly, tightened the involuntary admission procedures, introduced welfare service support provisions and mental health promotion provisions. But this study shows that the new legislation may well be criticised due to neglect of the concept of disability and people with psychiatric disability, involuntary admission without mental capacity assessment, neglect of the basic values and principles of self determination and independent living common in welfare of the persons with disability. And the new legislation may be criticised due to overuse of the concept of mental health promotion as encompassing promotion, prevention, treatment and rehabilitation.

Feasibility Exploration of Social Cooperatives as a Community Social Work Practice Model (지역사회복지실천모델로서 사회적협동조합의 가능성 탐색)

  • Cho, Mihyoung
    • Journal of Agricultural Extension & Community Development
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    • v.21 no.3
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    • pp.91-119
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    • 2014
  • This study explored feasibility of social cooperatives as a strategy of struggle to social exclusion in the social services area based on the relationships between people. Is social cooperatives on the Fundamental Act on Cooperatives a new type of social welfare service providers comparing the social welfare foundations and social enterprises? Would be expected as social inclusion processes effects arising from the properties of cooperative in social welfare sector? If social welfare institutions function as an intermediate medium between government and users, social cooperatives can be performed function in the community in a variety of cooperative relationships with Multiple stakeholders, e.g. various service providers, care-givers, social workers, and users, etc., conflicting the interests. In this perspective, looked the possibility of social cooperatives as community welfare practice model.

Analysis on the Constitutional Judicial Precedents concerning the Social Welfare Law (사회복지법 관련 헌법재판소 판례 분석 : $1987{\sim}2004$년 헌법판례 현황과 내용을 중심으로)

  • Jung, Jin-Kyung
    • 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.

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A qualitative study on the case managers' experiences of implementing Assertive Community Treatment model in Korea (한국에서의 ACT(Assertive Community Treatment) 적용에 대한 사례관리자의 경험에 관한 연구)

  • Ha, kyung-hee
    • Korean Journal of Social Welfare Studies
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    • v.41 no.3
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    • pp.107-133
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    • 2010
  • The attention of case management currently has been highlighted and its importance has been highly emphasized in mental heath field. At this point, We conducted a qualitative study on the experience of case managers from the Suwon Community Mental Health Center where it has implemented the ACT model. Through the result of this study, we verified feasibility of ACT model into Korea. and it has shown that assertive service and team approach has been a critical ingredients of ACT and it extended case manager's ability and brought improvement in relationship between clients and them. the clients has brought a positive changes. However case managers have experienced the dilemma between experts initiatives and clients dependency, and they empathised the importance of the familism and mental health system in Korea. In order to implement ACT extensively, we suggested several implications.

A Comparative Study on the Elderly Welfare Act between the Korea and Japanese (한·일 노인복지법의 비교법적 연구)

  • Lee, Doh-Hee
    • The Journal of the Korea Contents Association
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    • v.19 no.3
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    • pp.429-440
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    • 2019
  • The proportion of people aged 65 or older in the world's major advanced nations is increasing to a significant extent. Aging population causes various socioeconomic problems. One of the most important issues is the welfare of the elderly. Advanced foreign countries that have already experienced aging early are investing a lot of money or legal system to provide welfare services necessary for old age such as income security system for the elderly, health care service for the elderly, and long-term protection problems. The contents of the social welfare legislation including the welfare of the elderly are closely related to the society, politics, economy, and culture of each country. Both Korea and Japan are actively intervening in the social security of the nation based on the constitutional ideology. The elderly welfare Act is a time when more careful diagnosis is needed because it is in the process of establishing the basic direction based on human dignity and pursuing the most efficient way to achieve it in such an ideology and reality. Therefore, in this study, based on the Elderly Welfare Act of Japan, which is the selection country of aging, I would like to examine the implications for the Elderly Welfare Act in Korea.

The Legal Character of Social Welfare Corporations And The Necessity of The Outside Director System (사회복지법인의 법적 성격과 외부이사제의 필요성 - 학설과 판례 분석을 중심으로 -)

  • Kim, Yeon;Kim, Jungwoo
    • Korean Journal of Social Welfare
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    • v.67 no.4
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    • pp.181-202
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    • 2015
  • This article is aiming at finding the character of social welfare corporations and at finding whether the outside director system is constitutional or not. These two issues are closely interrelated with each other. After examining critically existing studies and precedents that have seen the character of social welfare corporations as public sector or private sector, the present study suggests the dualism that divides social welfare corporations into facility corporations and support corporations and that finds the character of facility corporations and support corporations respectively. According to the dualism, even if outside director system for the facility corporations restricts the right to manage the corporations the system is seen as being constitutional because the corporations are more likely to be public sector so that the principle of private autonomy would not be applied to them. While outside director system for the support corporations is seen as being unconstitutional because the corporations are more likely to be private sector so that the principle of private autonomy would be applied to them. So, this article suggests the amendment of Social Welfare Service Act through which the different character of the facility corporations and support corporations can be respected and the diversity of social welfare corporations and social welfare services can be realized.

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A Study on the Method to Establish the Identity Depending on the Functional Transfer of Local Social Welfare Center (지역사회복지관의 기능전환에 따른 정체성 확립방안 연구)

  • Kim, Youn Jae;Kum, You Hyun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.8 no.1
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    • pp.205-222
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    • 2013
  • As Social Welfare Service Act was revised in 2011 and its enforcement decree was revised in 2012, the function of local social welfare center was classified into 3 functions such as case control function, service supply function and local society systematization function. Therefore, from 2013, local social welfare center faces the assignment to establish its status as a core subjectivity of local social welfare while maintaining function, role, business, program, service and organization system required for local social welfare center. Currently, there are internal and external limit factors for local social welfare center to perform its original function. The external limit factors are competition with similar organization, diversification of welfare desire depending on social change, insufficient service network construction and lack of partnership between private sector and government. The internal limit factors are lack of local social organization's ability, program issue, insufficient resource, insufficient manpower, etc. In order for local social welfare center to overcome the limit factor and establish the core status for improving the life quality of resident, it should concentrate its ability on local society systematization, construct human & material support network related to local social welfare, minimize social education program and simple relief project gradually, suggest the reasonable direction for village to nurture resident organization, develop the program based on the research on local resident's desire and create the partnership between private sector and government.

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Meaning and Conceptual Tension Contained in the Definition of Social Services Prescribed by Recently Amended Framework Act on Social Security (개정 사회보장기본법의 사회서비스의 의미와 개념적 긴장)

  • Nam, Chan-Seob
    • Korean Journal of Social Welfare
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    • v.64 no.3
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    • pp.79-100
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    • 2012
  • This paper aims to analyze the meaning and conceptual tension contained in the definition of social services prescribed by recently amended Framework Act on Social Security(FASS) by examining various terminologies of social services in Korea. In Korea the term of social services has had at least four meanings since it has begun to be used during Participatory Government. Of these, the meaning of social services in FASS is closest to 'social serives as social-jobs'. While, as has this meaning, social services in FASS is defined as very comprehensive one, it also has its conceptual tension. On the one hand, FASS comes to have the orientation to include immensely wide fields such as welfare, health, employment, housing, culture and environment within social service. However on the other hand FASS still has the orientation to limit social services to traditional social welfare services. Unless re-amending the recently amended FASS, the conceptual tension resulted from these two conflicting orientations will be likely to continue. And this might raise the need both to reform the organization of Ministry of Health and Welfare and exiting delivery systems of social services and to develop theoretical and practical principles providing basis for tailored social services, which in turn poses important challenges to social welfare discipline. To meet these challenges it is necessary to cooperate between micro and macro approaches.

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