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Subject

A Study on the Parent Care System of Japan - Compared to the South Korean system
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일본의 부모 부양제도에 관한 연구 : 우리나라와의 비교를 통하여

논문 기본 정보

Type
Academic journal
Author
Lee, Choong Eun (제주대학교) Kim, Sang Chan (제주대학교)
Journal
Institute of Comparative Legal Studies, Kangwon National University KANGWON LAW REVIEW Vol.46 KCI Accredited Journals
Published
2015.10
Pages
531 - 555 (25page)

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A Study on the Parent Care System of Japan - Compared to the South Korean system
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Abstract· Keywords

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In Japan, a report on a celebrity whose mother had been receiving living assistance despite having a son who is capable of supporting her drew public"s attention to the relationship between personal care and public care. In Japan, the parent support obligor according to the civil law precedes protection provided by the Daily Life Security Law. Therefore, when a capable obligor does not perform the obligation to support his or her parent and the parent, instead, receives living assistance, the agent who provided the assistance can claim repayment of living assistance. However, in reality, the principle of personal parent care is not strictly practiced as the intention of obligors is considered as priority. As a result, when obligors decided not to support their parents, public care is provided instead. To change this problem, in December 2013, Japan amended the Daily Life Security Law and added obligatory notice and report to the system, which implies that, when the obligators arbitrarily do not perform relevant parent care, the obligation can be imposed by law and obligators can be prepared for their obligation in advance. However, such notice can not only interfere with the relationship between obligators and obligees but it can also make obligees reluctant to apply for living assistance. Moreover, repayment of living assistance is rarely collected and the parental care system according to the civil law is not compatible with the practice of the system. To resolve these issues, it is important to separate personal parent care from the legal system and assess whether the support criteria are strictly followed in practice. Therefore, this study investigated how the parent care obligation according to the Daily Life Security Law has been established, and how the parent care obligation defined by the civil law influences the Daily Life Security Law, through comparison to the equivalent system in South Korea.

Contents

국문초록
Ⅰ. 머리말
Ⅱ. 민법상의 부모 부양제도 비교
Ⅲ. 사회보장법상의 부모 부양제도 비교
Ⅳ. 맺음말
참고문헌
Abstract

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  • 대구고등법원 2011. 4. 29. 선고 2010누2549 판결

    [1] 국민기초생활 보장법의 목적, 급여의 기본원칙, 수급권자 범위 및 보장비용 징수 등 규정에 비추어 보면, 부양능력 있는 부양의무자가 어떠한 이유이든 실제로 명백히 부양을 기피하거나 거부하고 있는 사실이 인정되면 국민기초생활 보장법에 따른 수급권자가 되기 위한 요건인 `부양의무자가 있어도 부양을 받을 수 없는 경우’를 충족한다고 해석하여

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UCI(KEPA) : I410-ECN-0101-2016-360-002033629