노인복지시설 관련법제의 문제점과 개선방안

The proportion of elderly population in the total population is increasing due to the prolonged average life expectancy and the rapid decrease of fertility rate caused by the improvement of living standard and the development of medical technology. The importance of the elderly welfare facilities at the social and national levels is growing on account of the weakening of the elderly protection function by the changes of traditional family and value. The Korean legislation related to welfare facilities for the elderly has several problems. Firstly, there is general problems: uncertainty of the elderly concept and standard, non-systemicity of the legislation related to welfare facilities, infringement of human rights of a resident in the facilities. The second is a problem with installation and operation: the principle of report facility installation, a privately commissioned management, a restriction on entrance at a facilities due to low income. The third issues are management and supervision: dissemination of supervisory institutions, management to unreported facilities, supervision of the evaluation to social welfare facilities. The improvements to above mentioned problems are summarized as follows: In reference to general problems, firstly, a new regulation should be established that the elderly are defined as over 65 years old. It is necessary to legislate a tentatively named 「Welfare Facilities of the Aged Act」 which provides collective provisions for welfare facilities for the elderly. The management and supervision about human rights violation have to be strengthened and Ombudsman system should be introduced; Scope of rights relief need to be expanded. In regard to installation and operation, secondly, switching to principle of installation permit is essential. It is also important to ensure accountability for private operations; The various selection methods of resident at the facilities should be considered. Thirdly, in connection with the issues of management and supervision, it is necessary to establish a independent management and supervisory agency which is accordance with local characteristics and is capable of systematic management. In addition to, unreported facilities should be controlled strictly and be legalized; It would be appropriate to establish the third private evaluation organization and introduce the certification system. In conclusion, the perspective to elderly problems have to be transformed from a family level into a social and national responsibility in the coming era of super-aged society