The Study of Public Assistance Claim Rights
In October 2000, Korean government expand the public assistance program by enforcing The National Basic Livelihood Security Act. Under this act, those who are falling under national poverty line are allo...
The Study of Public Assistance Claim Rights
In October 2000, Korean government expand the public assistance program by enforcing The National Basic Livelihood Security Act. Under this act, those who are falling under national poverty line are allowed to receive the difference between their incomes and the minimum cost of living irrespective of their ability to work or age etc. In this process extensive administrative discretion intervenes. Also the right of receiving national basic livelihood pay is limited by family support obligation rules. This paper has two points of both administrative discretion from the process where the Administration determines the minimum cost of living and family support obligation rules.
The state have the responsibility of protecting and helping the social weak persons like the poor, children, the old, and the handicapped and so on. Especially, in the light of the situations of the times like aging, polarization and emphasizing the welfare state, we should make systematically, carry out and talk about the laws for the social weak persons.
The Public Assistance law is included in the Social administrative law as well as in the Social Security law, but the academic world of administrative law doesn't deal with this fields importantly, and neither does the real world of lawsuit. But, according to the necessity of the times about the Public Assistance law, the law should be recognized again. And this thesis defines the concept of the Public Assistance, and examines the constitutional sense and characteristics of the Public Aid and the basic principle of the Public Assistance law.
And, After this thesis studies the legal system of the present Public Assistance laws, centering around the National basic life security law, Medical supply law, this thesis emphasize the administrative sense of the Public Assistance law by examining the administrative actions in the Public Assistance law. And then you can know the administrative functions of the Public Assistance law by examining the ways of being effective in the Pubic Assistance administrations. And to protect the social rights of the weak that are thought negligently, this thesis studies the characteristics of relief of the rights in the social security laws, and examines concretely the relief ways of the right like the national indemnity, the administrative lawsuit and the constitutional lawsuit, etc. This parts should be studied importantly to strengthen the awareness of the nations' rights. And the judicial precedents in the Public Assistance fields also should be studied importantly, on the other hands, we have to think out how to use the procedure of legal relief more easily with the awareness of the rights.
It is important to know the necessity of studying the Public Assistance law as the particulars of the administrative law, and it's also important to strengthen the awareness of nations' rights in the fields of public welfare. And the government should make a reasonable standard to select the object of the public assistance law by applying various conditions flexibly, and the Public Assistance welfare should be a reasonable workfare. Those are the problems for the government to solve. And, in relation with the administration of public assistance, highly professional human resources should be supplied as welfare services, and the sustained and customer-oriented administrative services should be supplied for the weak.
In conclusion, The role of The National Basic Livelihood Security Act depends on increasing the state obligation as family support decreases. Therefore the scope of family obligation should be limited and the system of decision about eligibility and benefit level should be supplemented. the Social Security entitlement program for the realization of a concrete improvement and simplification of procedures is necessary to supplement the legal system.