最後의 安全網으로서 公的扶養의 扶養義務要件에 관한 法的 課題

• 영문명: The Problem of Legal the Condition of Origination the Duty of Support National Basic Livelihood Guarantee Law for Security the Right of Life
• 발행기관: 세계헌법학회 한국학회
• 저자명: 이정식(Jung-Sik Lee)
• 간행물 정보: 『세계헌법연구』세계헌법연구 제9호, 77~130쪽, 전체 54쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

The effect and policy implications of family changes on elderly care need to a proposal improvement of family maintenance the civil code basis for children supporting their old father and mother and reducing no-care of the basic livelihood guarantee law. In our society, now and in the past as well, there live not a few of unself supportable people, and the main reason lies in the principal fact that they are hardly self-sustainable because of their ages, illness- this first natural cause, and the second goes to their social problem of placement. However, the stipulations of Civil Law, among support-related laws, shows some deficiencies in stipulating the question of supports, while the traditional theory of support contains some absurdities Nevertheless, our current National Basic Livelihood Guarantee Law, Which is a public aid law , has been applied to the limited age class of, or over 55, regardless of the insufficient current pension system and early super-annuation system, regulating the private-support-first principle, with no effort to deal with the public support law and the private support law as a whole. Consequently, the support of old parents, for instance, has fallen into a vacuum state of legal protection. As for that two problems is pointed out. First, the civil code has been regarded that the support of old parents nothing but the duty of living assistance different from the support of husband to wife or parents to children. And items which are required to amend the duty of old parents should be make the duty of the life.

목차

Ⅰ. 서론

Ⅱ. 사적부양과 공적부양의 부양의무발생요건에 관한 입법례

Ⅲ. 공적부양에서 부양의무발생요건의 법적 문제

Ⅳ. 공적부양에서 부양의무발생요건의 개선방안

Ⅴ. 결론

ABSTRACT