사회서비스원법 시행에 따른 사회서비스 사업 위탁의 법적 쟁점 – 시･도 사회서비스원을 중심으로 –

The 「ACT ON SOCIAL SERVICE ASSISTANT AND THE ESTABLISHMENT, OPERATION OF SOCIAL SERVICE AGENCY」 (hereinafter referred to as the ‘Social Service Agency Act’) is being implemented in order to strengthen the public nature of social service provision and to improve the quality of jobs for workers. As a result, city and Do social service agencies have been established and operated by local governments, but their roles is insufficient. Although it is in the early stages of its establishment, The Social Services Agency Act itself is also a cause. One is about contracting-out of social servcies. The Social Service Agency Act stipulates that the state or local governments must entrust social service projects through open competition, and only in exceptional cases can entrust them with priority to city/do social service agencies. However, the Enforcement Decree stipulates that the state or local government's social service projects can be entrusted with priority by city/do social service agencies. The essential matters of the Social Services Act were violated through the enforcement decree. The other is about employment succession. City/do social service agencies shall directly hire employees through competitive examinations. However, the employment succession policy stipulates that those who have been engaged in national or local government social service projects. However, there are no regulations in the case of a change from a city/do social service agency to another institution. This can cause legal disputes. Therefore, it is necessary to revise the provision on contracting-out in consideration of the purpose of the enactment of the Social Service Agency Act, which was introduced to resolve controversy and improve the social service delivery system.