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법은 큰 강이다. 그 강은 없는 자에게도 흘러야 한다. - 이흥재 교수님 사회보장법 수업 인터뷰 자료집 분석 - : The Law is a Big River. Its Stream Should Reach Those Who Are in Need. - Analysis on the interview collections in the Professor Lee Heung Jaes social security law classes -
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- Authors
- Issue Date
- 2012-03
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.53 No.1, pp. 53-131
- Keywords
- Social security law ; poverty ; effectiveness of social security law ; level of benefits ; qualitative study ; personal interview
- Abstract
- Despite the devoted efforts of hidden specialists group on social security, most of
Korean legislations on social security through the military dictatorial regime of
ex-presidents Park Jeong-hee and Jeon Du-whan could not go beyond the category
of nominal legislations with the purpose of mitigating the complaints of the lower
classes and obtaining the legitimacy of the regime. Due to the weakening of the
characteristic as a right and low level of benefits, the accumulation of court decisions
on social security was very slow. In light of this fact, a qualitative study on
the reality of social security through personal interview could be a good way of
grasping the actual effectiveness of social security law. Concerning this, it is very
encouraging that many interviews on the beneficiaries of social security benefits
have been accumulated by many students in the Professor Lee Heung Jaes social
security law classes of Seoul National University. Through the analysis of the ten
volumes interviews during the past 15 years, this thesis tried to describe the aspects
of changes of social security reality during the past 15 years.
The analysed interviews consist of 227 cases : 56 cases (24.7%) on the elderly,
52 cases (22.9%) on the disabled, 55 cases (24.2%) on poverty problems, 7 cases
(3.1%) on the homeless, 15 cases (6.6%) on industrial accident, 11 cases
(4.8%) on children and juveniles. The conclusions of the analysis are as follows.
First, the trend of improvement of social security benefits in the long run is
acknowledged. Spread of welfare services closely linked with livelihood beyond
simple economic support, improvement of medical and educational services on the
poor, betterment of educational services on the disabled children and transportation services for the disabled, the massive appearances of people engaged in welfare
areas and increase of their roles, the increase of demand for independent life by
industrial accident victims and the disabled who have been isolated in institutions or
home in the meantime and etc. are good examples. However, these positive
changes are not sufficiently supported by the legal system due to some limitations
as follows. Too narrow gap between common benefit and conditional benefit weakens
the beneficiariess desire to work. The government is not active in offering jobs
to the disabled, and there is no effective method to cope with the governments violation
of the compulsory employment rate for the disabled employees. The law on
industrial accident compensation insurance seems focused mainly in compensation
itself and could not cover the re-socialization of victims.
Furthermore, we need to pay attention to the fact that in reality, problems such
as poverty, disability, aging and industrial accident are overlapping. For example, an
industrial accident victim usually ends up being disabled and suffers from poverty.
In the poverty-stricken home, child is likely to be exposed to many problems and
the elderly are likely to be abandoned. In order to cope with these problems, more
detailed welfare delivery system needs to be established and more comprehensive
welfare services fit for beneficiaries needs to be provided. In the administration of
social security policy, the beneficiaries personal dignity should be respected
carefully. For instance, rental apartment for the poor has stigma effect and many
young students who are residing there feels shameful. The elderly suffer not only
from poverty and health problems but also from loneliness.
In our analysis, we could also recognize the changes in the attitudes of the interviewing
students as well. Although there are some considerable differences between
students, the early interviews tend to show that interviewers consider the beneficiaries
as subjects for their research and fix their interviews according to their own
knowledge and view on social security. They are mainly interested in economic level
of benefits. But more recent interviews try to represent the beneficiaries independent
point of view by using direct quotation or summarizing the interviews
matter-of-factly and their interest go beyond economic dimension and extend to personality-
related dimension such as cultural life of the poor, stigma effect caused by social security benefits, loneliness, the infringement of personality through
disability rating and etc.
- ISSN
- 1598-222X
- Language
- Korean
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