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Review on the Obligatory Provider Criteria as an Eligibility Requirements of the National Basic Living Security Act
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국민기초생활 보장법상 수급요건으로서 부양의무자기준에 대한 고찰

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Type
Academic journal
Author
Hong Seokhan (목포대학교)
Journal
충북대학교 법학연구소 법학연구 법학연구 제29권 제1호 KCI Accredited Journals
Published
2018.1
Pages
1 - 26 (26page)

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Review on the Obligatory Provider Criteria as an Eligibility Requirements of the National Basic Living Security Act
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This paper examines the problems of the eligibility requirements of the current National Basic Living Security Act and looks for desirable improvement measures, focusing on the Obligatory Provider Criteria which refers to the family member's obligation of support before the payment of benefits. the National Basic Living Security Act aims to ensure the minimum level of living for the deprived and help them support themselves by furnishing them with the required benefits. Whereas, according to the Principles for Benefits, the benefits under the Act shall be provided on the premise that the recipients of benefits exert their upmost efforts to maintain and improve their life by making the most of their income, property and their ability to work, etc., and that the benefits serve only as a supplement to such efforts. Moreover, the support by obligatory providers shall prevail over the benefits provided under the Act. However, current Obligatory Provider Criteria easily recognizes the ability of support of the support obligator. Also, The Criteria not only determines whether a person can be a qualified recipient based on the possibility of dependency, rather than an evaluation of whether the person is actually receiving support, but also make it difficult to be acknowledged that the support obligator is either avoiding or refusing support. As a result, the Obligatory Provider Criteria is becoming a major factor preventing many people from being protected by the Act. In other words, due to the Obligatory Provider Criteria, the basic principles of the public assistance has not been realized. Citizens are not guaranteed the minimum level of living in accordance with their specific situations so that the National Basic Living Security Act does not fulfill the principle of universality and individuality. Furthermore, it is difficult to evaluate positively from the point of view of subsidiarity principle, since the Obligatory Provider Criteria does not make reference to whether person in charge of support is indeed supporting. In order to solve the problems, it is necessary to abolish the Obligatory Provider Criteria. However, in view of the financial issues caused by the sudden abolition, gradual easing and exclusion of the Criteria should be preceded. In addition, the efforts should be made to provide an environment in which individuals can take responsibility for their own lives and to prevent the escape of property or early donations or inheritance for fraud.
#National Basic Living Security Act #Eligibility Requirements #Obligatory Provider #Family Support Obligations #Public Assistance

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김광병 / 2013 / 국민기초생활보장법의 권리수준 변천에 관한 연구 / 한국행정사학지 (32):29~52 dbpia 김나래 / 2016 / 소득보장을 통한 공적 부양의 문제점과 개선방안 / 법학논총 40(2):243~273 Crossref 김남근 / 2012 / 공공부조와 사회보장기본법 / 한국사회보장법학회 제1회 학술대회자료집 dbpia 김남근 / 2012 / 기초생활수급자 부양의무자 요건의 법적 쟁점 -대구고등법원 2010누2549판결 및 서울고등법원 2010누2145판결을 중심으로- / 사회보장법학 1(1) dbpia 김종수 / 2012 / 국민기초생활보장법상 수급요건에 관한 검토 / 사회보장법연구 (2) dbpia

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