공적 부조와 생존권 보장에 관한 일본의 학설과 판례의 검토

The government announced that they will raise co-payment of medical care for the pensioner having ability to work in National Basic Livelihood Security System(NBLSS), to promote self-responsibility to medical benefits and restrain an medical abuse with a view to reach emancipation of the pensioner. It is important meaning and significance how to reach the way and means being realized the right to live defined the Article 34. There is similar debates in Japan to have launched a structural reform to tackle to increasing financial burden of the medical system by increasing patients's contributions. However, in NBLSS cases, despite various financial constraints on the government, under the guidance of the right to live principle, clarified the Constitution, has been expanded its spending on a wide range of social-welfare programs. This policy is based on the theoretical background that the critical point of human life can be determined objectively, so the government should reflect this point in determining the standards of NBLSS. On the basis of these theoretical ones, there is some judgements to guarantee the actual level of NBLSS in Japan. The findings of the Japan's case, based on the right to live, reveal that the political direction to accompany Self-Support should be focused on a standard of value related on the right to live, pronounced by the Constitution than the effectiveness and efficiency on a public assistance in respect of national finance.