한국헌법상의 사회복지정책

• 영문명: Welfare Policy based on Korean Constitution
• 발행기관: 사회복지법제학회
• 저자명: 김철수(Kim, Chul Su)
• 간행물 정보: 『사회복지법제연구』제2권 제1호, 1~20쪽, 전체 20쪽
• 주제분류: 사회과학 > 사회복지학
• 파일형태: PDF
• 발행일자: 2011.10.31

영문 초록

Fiscal crisis led by the enlargement of social welfare has been the key issue all over the world. In Korea, politicians have been advocated with different welfare svstems; universal welfare vs. selective welfare, ideal maximum welfare vs. feasible welfare and radical welfare vs. gradial progressive welfare. Preamble of Korean Constitution ensures security, liberty and happiness for us and posterity forever . Article 10 of Korean Constitution confirms that all citizens shall be assured of human worth and dignity and have the right to pursue happiness . Article 34 of Korean Constitution confirms that all citizens shall be entitled to a life worthy of human beings . Therefore, Korean Constitution guarantees the right to pursue happiness and to live a life worth of human beings. Korean Constitution with regard to social security includes the following omponents; the promotion of the welfare and rights of women (Article 34 Section 3); the welfare of senior citizens and the young (Article 34 Section 4); the protection of citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons (Article 34 Section 5); the prevention of disasters (Article 34 Section 6); the right to live in a healthy and pleasant environment (Article 35 Section 1); the assurance for all citizens to live in a comfortable housing (Article 35 Section 3); the guarantee in regard to the marriage and family life (Article 36 Section 1); the right in respect of the health (Article 36 Section 3). A lot of social welfare acts are implemented on the delegation by the Constitution and Social Security Act. According to the Constitution, social security is the right of all citizens. On the other hand, the beneficiary is limited based on acts. Meanwhile, convergence between universal and selective welfare is needed. Korean social security regime has focused on not ideal full coverage but realistic minimum life. Maximum welfare cannot be attained based on the reality. Korean Law means not the maximum security but the minimum security by public assistance. Radical welfare implementation could lead to fiscal crisis. The constitution mainly imposes on the state with regard to the social security obligation (Article 34). As Social Security is the obligation not only by the state but also local authorities, family and citizens, Social Security should be implemented altogether. Major companies and employees should endeavor to the elimination of the different wages between the regular employees and non-regular employees. Like Northern Europe, advanced welfare states, job sharing or work sharing should be introduced. Citizens should not think that benefits of social welfare are free. People should not be deceived by populist politics which have proposed maximal welfare benefits. Excessive welfare policy over the national financial capability can lead to the financial catastrophe. Even if the constitution is revised, the national financial strength should be secured.

목차

Ⅰ. 서

Ⅱ. 한국헌법이 요청하는 복지정책

1. 생존권=사회보장수급권

2. 사회보장수급권의 내용

3. 사회보장수급권의 수준

4. 사회보장의무의 주체

Ⅲ. 한국에 있어서의 정부의 복지정책

1. 보편적 복지와 선택적 복지의 융합

2. 이상적 최대한의 복지냐 현실적 최저한의 복지냐

3. 급진적 복지냐, 점진적 복지냐

4. 사회복지수급권의 한계

Ⅳ. 한국에 있어서의 민간복지정책

1. 대기업과 부자들의 복지참여

2. 조직근로자들의 사회복지참여

3. 국민의 사회복지참여

Ⅴ. 맺음말

키워드

Korean constitution art.34 wealfare right social security benefits the right to life worthy of human being Korean constitutional court decision finance constitution