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학술논문법과정책연구2010.12 발행KCI 피인용 4

고령화시대 노인 연령규범에 대한 현행 법제적 고찰

A Legislative Study on the Normative Age of the Older Persons in Aging Society

송기민(한양대학교); 최호영(건강보험심사평가원)

10권 3호, 989~1008쪽

초록

Though definition of older person is depending on country or society's political, social, cultural and historical backgrounds and customs that are given in current and future, it is necessary to define the rule for older persons. In ageing society the current norms related to older person are out-of-date and have not unified about it. So the purpose of this study is to identify and analyze the current ordinance provisions for the older persons what is the categories of them and what is the standard of it and through them to suggest problem identifications and legislation to be improved. The results of this study were as follows: First, there is little in legislative standards and categories about older persons. Many laws have no conceptual definition nor operational definition about older persons. Second, the definition of older persons is usually based on age. Third, the Elderly Welfare Act doesn't play a role as a basic law about older persons because the subject related to the older persons for the concept definition and categories of the older persons were not even decide, and the subjects are to regulations separately according to the related institutions and policies based on age. In conclusion, in aging society, if everyone should recognize the importance of health and welfare of the older persons, the older persons which is the main target and subject of the concept of the older persons in an aging society need to be specified more clearly in statutory.

Abstract

Though definition of older person is depending on country or society's political, social, cultural and historical backgrounds and customs that are given in current and future, it is necessary to define the rule for older persons. In ageing society the current norms related to older person are out-of-date and have not unified about it. So the purpose of this study is to identify and analyze the current ordinance provisions for the older persons what is the categories of them and what is the standard of it and through them to suggest problem identifications and legislation to be improved. The results of this study were as follows: First, there is little in legislative standards and categories about older persons. Many laws have no conceptual definition nor operational definition about older persons. Second, the definition of older persons is usually based on age. Third, the Elderly Welfare Act doesn't play a role as a basic law about older persons because the subject related to the older persons for the concept definition and categories of the older persons were not even decide, and the subjects are to regulations separately according to the related institutions and policies based on age. In conclusion, in aging society, if everyone should recognize the importance of health and welfare of the older persons, the older persons which is the main target and subject of the concept of the older persons in an aging society need to be specified more clearly in statutory.

발행기관:
한국법정책학회
DOI:
http://dx.doi.org/10.17926/kaolp.2010.10.3.989
분류:
법학

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고령화시대 노인 연령규범에 대한 현행 법제적 고찰 | 법과정책연구 2010 | AskLaw | 애스크로 AI