사회보장행정의 절차법적 모델의 탐구를 위한 기초연구

The main point of administrative procedure is to offer opportunity to state one’s opinion and to adjust of conflicting interest between the person concerned. And Modern task of administrative procedural law is to set up separate procedure each administration branch. This is So-called the problem of sphere relationship of administrative procedure. I intend to study “How is built administrative procedural law that is model in field of social security administrative law?” in this paper. The social security administrative law that realizes human life, is needed to improve various laws and regulations earnestly compared with other sphere of administrative law. There are several reasons in that, for example, the right to live humanly in constitutional law, that is legal basic of social security administrative law, is incomplete and flexible procedure is needed for regard to welfare needs of the handicapped and the aged. In this view point, actual condition and practice of social security administrative procedure is fall behind another procedure of administrative sphere. To take present low-birth rate and aging society, cultivation of citizen’s rights consciousness into consideration, it is necessary to improve procedure of social security administration. I intend to accept suggestion from Germany social security administrative law(“Sozialgesetzbuch” in Germany) put in good comparatively. In this paper, as items of procedural law model of social security administration, is suggested as follows: importance of real act(ex, advice, consultation, information offer) in administrative process, extension of Hearing rights, protection of social security data, establishment of social security plan, ombudsman of social security. Finally, I emphasized setting up procedure, centering with the social security supplied, regarding to self-determination rights of supplied, and not as methods of administrative determination but as real procedure itself, procedure is dealed. And information guides citizen’s act by self-regulation, therefore by offering information make citizen to participate in administration and it is important to construct cooperating network.