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KMID : 0986720100180020202
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Korean Journal of Medicine and Law
2010 Volume.18 No. 2 p.202 ~ p.220
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A Study on Sentencing in Social Welfare Service Laws
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Chae Hyun-Tak
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Abstract
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The objective of this study is to identify imbalances and inadequacies in sentencing through comparative analysis of penal provisions in social welfare service laws. The subjects of this study were penal provisions in seven laws including the Social Service Act, which is a basic social welfare service law, and special laws such as Aged Welfare Act, Child Welfare Act, Disabled Welfare Act, Single Parent Family Support Act, Infant Care Act, and Mental Health Act.
According to the results of this study, these social welfare service laws stipulate penal provisions related to the abuse of welfare clients, illegal receipt of welfare clients, leakage of information on welfare clients, violation of rules related to corporate property operation, misappropriation of subsidies, violation of rules related to welfare facility operation, obstruction of welfare facility and service operation, related workers’ delinquency of duties, etc. In addition, for similar crimes, penal provisions and punishments varied among the laws.
Considering these results, because the criteria for punishment in social welfare service laws are the minimum criteria for legal sentencing, it is necessary to stipulate penal provisions in consideration of equity with other laws. Accordingly, these contents need to be reviewed in revising social welfare service laws or establishing new related acts in the future.
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KEYWORD
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social welfare service law, sentencing, punishment, social security, social welfare
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