건강보험법에서 사회보험법의 원리(칙)와 그 특징 및 구조에 관한 연구

Social health insurance, in general, shares the key features of general social insurances, and thus the social health insurance law comprises the key principles that pertain to general social insurance. The principles of social insurance comprise the general law of the large numbers which is the risk-sharing rule that applies to all insurances including privates. Nevertheless, social health insurances share further common principles such as “compulsory”, “universal”, “redistributive”, self-contributory“, and ”minimum benefit level as a earned right“. The most important differentiation of social health insurance to general social insurance is that its structural construction consists of three factors forming triangular system the insurer (payer), the supplier (healthcare provider under the contract with payer) and the insured (beneficiary). This represents the administration of the private legal relations among such three parties under the socio-public security based system of a nation, which should be the most important considerations when identifying the principles of social health insurance law. The development process of social insurances law including social health insurance law, inevitably, characterizes as the modulation and the mediation of various social demands and needs from different groups. Well identified principles in social health insurance law with well analyzed structural features of social health insurance can simplify the potential complication which may be raised from different parties, by setting primary social values to be supported by its principles, thus can contribute to future development of overall social insurance law.