기초소득보장사업 수행 전담조직 도입에 관한 법적 검토

To respond to the expanding demand for welfare and the era’s call for enhanced local autonomy, it is imperative to increase the national financial support for local governments. Currently, welfare services administered by local governments — such as basic livelihood benefits, basic pensions, disability pensions, disability child allowances, childcare subsidies, and child-rearing allowances — are aimed at ensuring a minimum standard of living for citizens across the country. Therefore, these services are implemented uniformly across regions according to legally defined standards, without consideration for local circumstances. Given this, it may be worthwhile to explore the possibility of restructuring the social welfare delivery system, currently managed by local governments, by shifting these basic income security services to be administered by state agencies rather than just expanding financial support from the national level. Since each service within the basic income security programs is governed by specific laws that regulate the implementing agencies, content, and procedures, amendments to the relevant legislation would be necessary. This paper examines, from a legal perspective, the framework in which basic income security programs could be positioned as state-administered tasks within the current system of administrative organization law and administrative action law. Unlike existing discussions, which focus on adjusting the functions and tasks of the central government toward local autonomy, this study assumes the opposite approach — shifting local responsibilities to the national level. This approach might paradoxically sharpen the discourse on local autonomy issues.