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학술논문사회보장법연구2025.12 발행

The interpretation of indeterminate legal terms and the role of social courts

The interpretation of indeterminate legal terms and the role of social courts

안나 휠라(독일 노르트라인베스트팔렌주 주고등사회법원)

14권 2호, 261~296쪽

초록

Indeterminate legal terms appear in various areas of German public and social law. These terms are applied by the administration and reviewed by the courts for their correct interpretation and appliance. In German law there is also a concept of margin of appreciation that sets a limit to the reviewability by courts. This concept is currently only applied in public law and has not yet been extended to provisions in social law. The concept of full reviewability of indeterminate legal terms by social courts in Germany is deemed important to sustain social justice and necessitates a significant adjustment of the social court system.

Abstract

Indeterminate legal terms appear in various areas of German public and social law. These terms are applied by the administration and reviewed by the courts for their correct interpretation and appliance. In German law there is also a concept of margin of appreciation that sets a limit to the reviewability by courts. This concept is currently only applied in public law and has not yet been extended to provisions in social law. The concept of full reviewability of indeterminate legal terms by social courts in Germany is deemed important to sustain social justice and necessitates a significant adjustment of the social court system.

발행기관:
서울대 사회보장법연구회
DOI:
http://dx.doi.org/10.63827/SSLR.2025.12.14.2.5
분류:
사회보장/사회법

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