• Title/Summary/Keyword: welfare fraud

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Legal Issues on Deception of Fraud and Abuse of Paid Medical Expenses (요양급여비용 허위청구와 사기죄의 법적 쟁점)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.11-41
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    • 2013
  • Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

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A Qualitative Study on the Process of Juveniles' Steeping in Cyber Crime : Focused on Internet Fraud (청소년이 사이버범죄에 빠지는 과정 - 인터넷사기 중심으로 -)

  • Choi, Ok-Chai
    • Korean Journal of Social Welfare
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    • v.56 no.4
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    • pp.103-122
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    • 2004
  • This study is aimed to examine the process of juveniles' steeping in cyber crime for finding out data which could be applied to prevent juveniles' cyber crime and to rehabilitate the juveniles related in cyber crime. Also, this study is designed focusing on the Grounded Theory method, and 5 probationees connected with internet fraud have been interviewed as participants for this study. For the juveniles who had been steeped in cyber crime, some findings according to the analysed data have been emerged in the context of social work intervention. First, interventions need to be focused on the improvement of social environment and juveniles' crooked thoughts to prevent juvenile's Internet fraud and to rehabilitate juveniles related with Internet fraud. Second, workers need to guide the juveniles who have been indecisive on the another crime into regretting their guilty attitude in depth. Third, the prevention of juveniles' Internet fraud needs to be conducted on the level of social movement, and social work practice centers need to grope concrete programs networked with correctional authorities for the social movement.

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Social Welfare Ethics in the Information Age - Focusing on Dataveillance through Social Welfare Information System - (사회복지정보화의 윤리적 쟁점 - 사회보장정보시스템을 통한 데이터감시를 중심으로-)

  • Kim, Suyoung
    • Korean Journal of Social Welfare
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    • v.68 no.1
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    • pp.193-224
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    • 2016
  • The article aims to discuss ethical issues of social welfare informationisation, focusing on dataveillance through social welfare information system in South Korea. The Korean government plans to upgrade social welfare information system, by strengthening welfare fraud tracking and adding blind spot discovering functions. However, surveillance over poor population's data is inevitable when conducting such investigations. This article reviews current debates on dataveillance. It then conducts a case study on social welfare dataveillance in South Korea, asking what ethical problems lie in the dataveillance in terms of privacy, accuracy, property, and accessibility issues. Subsequently, this paper identifies three fundamental ethical dilemmas of social welfare in the informational age. Finally, it suggests policy alternatives to tackle the ethical problems and dilemmas of social welfare informationisation.

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Fraud and Error in the Social Assistance Program (국민기초생활보장제도 수급자격 적격성 연구 - 사각지대와 부정수급집단의 특성을 중심으로 -)

  • Park, Neung-hoo;Song, Mi-young
    • Korean Journal of Social Welfare Studies
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    • no.39
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    • pp.287-314
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    • 2008
  • This paper tests the stigma hypothesis and administration hypothesis on the illegal take-up group and non take-up group in the National Livelihood Security Program. A set of survey data, using multinomial logistic model, was analyzed for this purpose. Compared with the legal take-up group, the feature of illegal take-up group which has more workable household supports the administration hypothesis - the low skill of means-test office would increase the possibility of benefit fraud. The features of non take-up group support both the stigma hypothesis - the stigma prevents eligible person from participating in the social assistance program, and the administration hypothesis - the administration office is apt to make error to deny the eligibility of person who has supposed family supporters.

Who is responsible for the onus of proof on online fraud transactions? In perspectives of the eCommerce Law and Privacy Investment (온라인 거래에서 사고 발생시 누가 이의 입증책임을 질 것인가?)

  • Chun, Se-Hak;Cho, Woo-Je;Kim, Jae-Cheol
    • 한국경영정보학회:학술대회논문집
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    • 2007.06a
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    • pp.699-704
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    • 2007
  • In this study, we examine why there exist different legal systems in electronic commerce or online financial trading. When a fraud online transaction occurs and the online customer disputes the transaction, the online customer takes responsibility for the proof of her/his argument in many European countries while in the U.S., the burden of proof lays on the firm. This paper analyzes how these two different legal systems exist and how these can be applied to electronic commerce law. In particular, this paper intends to find the optimal level of e-commerce firms' investment on security and analyzes how security investments can be related to firm's profits and consumer's welfare depending on IT infrastructure and social trust environment. More on, this paper can be contributed to provide guidelines for regulatory framework on ecommerce online transactions and discuss social welfare implications.

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Study of Accounting Ethical Level of Treasurers in the Undertaking (기업체 회계담당자의 회계윤리수준에 관한 연구)

  • Park, Joong-Ho;Byun, Sang-Hae;Park, Cha-Kyu
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.3 no.4
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    • pp.43-57
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    • 2008
  • This study investigates the ethical standards of treasurers in the defense industry and explores ways to improve them in order to contribute to businesses' ethical managements. Also, this research examines how the ethical standards of the treasures have an influence on accounting transparency and accounting fraud. This paper deals with two fields, namely, ethical judgment and ethics in different cultures. The former focuses on actions that can occur in various ethical situations of accounting area. The latter shows that the development level of certified accountants’ ethical thinking depends on cultural difference.

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Study on Trauma of Male, Female Alcoholics (남·여 알코올중독자의 외상경험에 관한 연구)

  • Woo, Jea-Hee
    • The Journal of the Korea Contents Association
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    • v.14 no.11
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    • pp.298-307
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    • 2014
  • This study has the purpose to examine trauma of male, female alcoholics and understand the factors influencing the trauma and relative influence of trauma to provide implementing social welfare practice. The survey was conducted with 220 alcoholics. Through this survey, it was revealed that the effect of trauma of male, female alcoholics found to be significant. First, Trauma of sexual abuse, suicide, death, disease, family separation of male on childhood are more than female. While, Trauma of physical abuse, emotional abuse, sexual abuse on childhood and physical abuse, emotional abuse, sexual abuse, fraud, physical neglect, miscarriage of female on adulthood are more than male. Second, The education, age of first drinking effect on the trauma of male alcoholics. The education, religion, family history, relapse and insight effect on the trauma of female alcoholics. Based on these results, the practical implications for the trauma of male, female alcoholics had been discussed.