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학술논문법학논총2012.03 발행KCI 피인용 8

가족법상 부양의무와 사회보장법상 부양의무 준별론

The Distinction of the Duty of Supporting on the Social Security Act from the Duty of Supporting on the Family Law

정민호(강원대학교)

29권 1호, 131~147쪽

초록

I meditate the social evaluation on the duty of supporting family in the social security act. This paper examined legal characteristics of family support obligation in Family Law and the National Basic Livelihood Security Law. This study reviewed legal revisions and changes of family support obligation in Civil Law and Livelihood Protection Law to NBLSL. Who care for the poverty? Family Responsibility vs. Social Responsibility exists. The basic assumption of this study is that there are distinct differences between the duty of supporting on the Social Security Act and the duty of supporting on Family Law. The private support has been adopted regarding to the public aid. The duty of supporting was considered as the standard of the social evaluation and mediation of public support in social security law. We regard it as a important criterion of judgement. The duty of supporting used sevral times on the social security act. But the definition of duty of supporting is not found on the social security act. It is necessary that clear lawfulness of the duty of supporting is confirmed. Although the duty of supporting in sevral laws are many differences, some theory is treated same meaning. It should be corrected. On the one hand, many poor people in Korea still live in poverty without governmental supports in spite of the the National Basic Livelihood Security System. These problems were cuased by family support obligation rule.

Abstract

I meditate the social evaluation on the duty of supporting family in the social security act. This paper examined legal characteristics of family support obligation in Family Law and the National Basic Livelihood Security Law. This study reviewed legal revisions and changes of family support obligation in Civil Law and Livelihood Protection Law to NBLSL. Who care for the poverty? Family Responsibility vs. Social Responsibility exists. The basic assumption of this study is that there are distinct differences between the duty of supporting on the Social Security Act and the duty of supporting on Family Law. The private support has been adopted regarding to the public aid. The duty of supporting was considered as the standard of the social evaluation and mediation of public support in social security law. We regard it as a important criterion of judgement. The duty of supporting used sevral times on the social security act. But the definition of duty of supporting is not found on the social security act. It is necessary that clear lawfulness of the duty of supporting is confirmed. Although the duty of supporting in sevral laws are many differences, some theory is treated same meaning. It should be corrected. On the one hand, many poor people in Korea still live in poverty without governmental supports in spite of the the National Basic Livelihood Security System. These problems were cuased by family support obligation rule.

발행기관:
법학연구소
분류:
법학

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가족법상 부양의무와 사회보장법상 부양의무 준별론 | 법학논총 2012 | AskLaw | 애스크로 AI