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KMID : 1001320130400040243
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Social Welfare Policy
2013 Volume.40 No. 4 p.243 ~ p.265
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A Study on Processing Rights for Entitlement to Social Welfare
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Park Jeong-Seon
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Abstract
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This study examines processing right for social welfare entitlement regarding social welfare legislations. Framework Act on Social Security and public assistance laws include of processing right for legal entitlement by imperative provision. Social Work Act contains processing right by voluntary provision. Social welfare services laws have processing right not by act but by enforcement decree and enforcement ordinance. Processing right for social welfare entitlement in social welfare legislations is inadequate to its guarantee. Framework Act on Social Security and Social Work Act ensure social welfare entitlement of recipients. But Social welfare services laws, especially Welfare for the disabled act, Welfare for the aged act, and Child welfare act, show its insufficient guarantee. The analysis explores processing right for statutory entitlement on social welfare legislations. In addition, each law does have different provisions and processes - application, research, decision, implementation - of social right. Therefore, social welfare legislations should enact due processing right for substantial legal right and provide concrete regulations for it.
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KEYWORD
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entitlement to social welfare, processing right, social right, social welfare law
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