[특집Ⅰ] 사회적 기본권의 입법적 보완방안

사회보장입법의 현황과 과제


The Current Situation of Social Security Legislation and Making Some Suggestion


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The substantial contents of social basic rights, which are clearly stipulated in the Constitution, are realized and embodied through social security legislation. Social security legislation forms and concretizes social basic rights, so technically the principle of legal saving is applied. Thus, social security legislation is the frame in which social security policies are contained; hence, social security policies should be legally based on social security legislation. In order to examine current situation and problems of social security legislations, this study categorized the scope of the legislations and investigated into recently legislated major social security acts, social insurance act, public assistance act and the acts concerning social security. In addition, it examined the ongoing processes to introduce bills about social security in the 17th National Assembly. In terms of listening to public’s demands for welfare and realizing social justice and fair distribution, this study considered social security legislation system of advanced countries, and it concluded that the range of social security application should be extended by modifying, complementing or mutually connecting relevant acts. The democracy and efficiency of social security system also need to be guaranteed, and so do extension of entitlement of social security and substantial reflection of the publics’ demands and opinions. Another problem is that the links among systems and integrated coordination has not been realized since individual acts concerning social security had been enacted separately. Hence, it is necessary to modify related acts and unify the terms. In addition, the changes in social security legislation are also necessary in order to reflect the changes in employment, demographic structure, family structure and the role of women. The tasks to be solved in terms of social welfare-related acts are as follows. It needs to enhance the level of social welfare and systemize the related acts based on its category, in terms of contents and forms respectively. In the end, it will contribute to establishing more comfortable system to both officials and recipients.


Ⅰ. 머리말
 Ⅱ. 사회보장법의 범위와 분류
  1. 사회보장법의 범위
  2. 사회보장법의 분류
 Ⅲ. 사회보장입법의 현황
  1. 최근 입법된 중요 사회보장법
  2. 사회보험법의 입법현황
  3. 사회보상법의 입법현황
  4. 공공부조법 입법현황
  5. 사회복지관련법의 입법현황
  6. 제17대 국회에서의 사회보장관련 법률안 제출 동향
 Ⅳ. 사회보장입법의 개선과제
  1. 사회보장입법의 목적
  2. 사회보장의 확대
  3. 국가의 책임성 강화
  4. 사회보장제도 운영의 건전성과 참여의 확대
  5. 사회보장법의 체계화
  6. 사회보장입법에 있어서의 위임입법의 문제
 Ⅴ. 맺음말
 부록 <제17대 국회에서 제출된 19개 사회보장법에 대한 개정안 통계>


  • 홍완식 Hong, Wan-Sik. 건국대학교 법과대학 교수(Prof. College of Law, Konkuk Univ.)


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