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사회복지법제(급여수급권)목차
Ⅰ. 서론 ··································································· 21. 연구목적 ············································································· 2
2. 문제설정 ············································································· 2
3. 선행연구 ············································································· 3
4. 연구방법 ············································································· 3
Ⅱ. 본론 ··································································· 4
1. 사회복지수급권의 개념 ························································· 4
가. 사회복지수급권의 의의 ······························································· 4
나. 사회복지수급권의 법적성격 ························································· 5
1) 프로그램 규정설 ················································································· 6
2) 법적 권리설 ······················································································· 7
가) 추상적 권리설 ················································································· 7
나) 구체적 권리설 ················································································· 7
2. 사회복지수급권의 발생과 효과 및 보호 ·································· 7
가. 사회복지급여수급권자의 권리 ································································ 7
나. 사회복지급여수급권의 발생과 효과 및 보호 ············································· 8
1) 수급권 발생의 요건 ············································································ 8
2) 급여의 지급요건 ················································································· 8
3) 권리의 효과 ······················································································· 9
4) 사회복지수급권의 보호 ········································································ 9
3. 사회복지수급권의 제한 및 소멸 ············································· 10
가. 수급권제한의 의의 ················································································ 10
나. 수급권의 제한 ······················································································ 10
다. 수급권의 소멸 ······················································································ 11
4. 각국의 사회보장권 ······························································· 12
5. 시대별 사회복지입법 ···························································· 12
가. 1960-1970년대의 사회복지입법 ·······························································12
나. 1980년대의 사회복지입법 ······································································· 13
다. 1990년대의 이후의 사회복지입법 ····························································· 14
6. 문제점 및 해결방안 ··················································································· 15
Ⅲ. 결론 ··································································· 16
참고문헌 ········································································································· 17
본문내용
독일 사회법에서는 “사회적 정의와 사회보장의 실현을 위하여 인간다운 생활을 보장하고, 인격의 자유로운 발전을 도모할 수 있는 제반조건을 창설하여, 가족을 보호하고, 생활에 필요한 생계를 유지하고, 생활상의 특별한 부담을 부조를 통해 예방 또는 제거하며(동법 제조), 동법 및 동법에 규정된 사회권(사회보장수급권)은 그 목적에 잉용되어야 한다(동법 제2조)”고 규정하여 이 권리들이 사회보장법 각칙을 통하여 급여의 조건과 내용 이 구체화 되었을 때에 비로소 청구권적 성격이 인정된다는 제한적 규정을 두고 있다.(전광석, 독일사회보장법론, p.30)사회보장권의 성질을 불완전하나마 구체적 권리로 보아, 국가가 사회보장실현 의무를 이행하지 않는 경우에 국가기관에 의한 헌법침해를 이유로 법적 책임을 물을 수 있다고 한다. 자세한 내용은 권영성, 앞 책 p.607 참조.
권리로서의 취약성이란 사회복지수급권이 그 보장에 대한 명문규정이 있음에도 불구하고 국민의 기본적이고 구체적인 권리로서 인정받지 못하고 있는 것은 그것의 구체적 실현을 위한 청구권을 행사할 수 없으므로 권리로서의 취약성을 가지고 있는 것이다.
국민기초생활보장법 제35조:압류금지, 제36조:양도금지, 국민연금법 제54조:수급권의 보호, 공무원연금법 제32조:권리의 보호, 사립학교교직원연금법 제40조:권리의 보호, 군인보험법 제4조:양도등 금지, 국가유공자등예우및지원에관한법률 제9조:권리의 보호, 산업재해보상보험법 제55조:수급권의 보호, 국민건강보험법 제54조:수급권의 보호, 국민건강보험법 제43조, 군인연금법 제38조의 2항
국민연금법 제55조:조세 기타 공과금의 면제, 산업재해보상보험법 제56조:공과금의 면제
국민기초생활보장법 제34조:급여변경의 금지
신섭중, 999: 60-6참조
국민건강보험법 제 48조 제항 4호, 국민연금법 제52조:병급의 조정
국민건강보험법 제48조 제항 호, 국민연금법 제70조 제항:급여의 제한, 공무원연금법 제62조:고의 또는 중과실 등에 의한 급여의 제한, 군인연금법 제34조:고의 또는 중과실 등에 의한 급여제한
국민연금법 제70조 제2항:급여의 제한, 국민건강보험법 제48조 제항 제2호:급여의 제한, 국민연금법 제73조:지급의 정지등, 국민건강보험법 제48조:급여의 제한, 공무원연금법 제62조:고의 또는 중과실에 의한 급여의 제한, 공무원연금법 제63조:진단불응시의 급여의 제한, 군인연금법 제34조:고의 또는 중과실 등에 의한 급여제한
산업재해보상보험법 제53조:부당이득의 징수, 국민건강보험법 제52조:부당이득의 징수
국민연금법 제65조 제항 제호, 공무원연금법 제59조 제항 제호, 군인연금법 제29조 제항 제호).
