사회복지시설 관련 법령에 대한 소고

The social welfare law is a branch of administrative law, the Constitution and the local government law. Nevertheless the research to concretize administrative law theory on the social welfare part is not inadequate. Reviews for the social welfare law has focused on the legal characteristics of the social welfare right in the lawsuit. This paper is reviewed from point of general theories of the administrative law, the Constitution and the local government law on the social welfare facilities law. It is important that the legal provisions of social welfare law is changed from the terms-program provision, rule that reads the sole way, supply-centered regulation, to the purpose-program one, discretion rule, consumer-centered regulation. It is emphasized on provisions of standard for social service facilities and persons engaged for social welfare service. It could be promoted to multi-functionalize social welfare facilities. The scope of the social welfare law is not limited to the relation of the Judiciary, the Administration, person. It should consider multi-dimensional relations of lawmaking by the Assembly, rulemaking by the Administration and local governmental laws, appointees of the privatization of social welfare facilities. The environment of administrative law is rapidly changing with development of information and communications technology and globalization. The process of forming a social consensus in the interpretation and revision of social welfare service law should be emphasized.