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KMID : 1124020040200020179
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Korean Social Security Studies
2004 Volume.20 No. 2 p.179 ~ p.207
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Social evaluation and mediation on the duty of supporting family in civil law and social security law
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Lee Byung-Woon
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Abstract
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In accordance with the provision of Article 36, 1 of constitutional law, civil law, chapter 4 and 5, called family law, stipulate personal dignity and bisexual equality on family and family-life. But the word, `family`, is not used in the text of civil law. Also, in social security law, the terminology just reveals its partial meaning to explain medical care benefits, a knid of national health insurance, in social security law without giving an exact definition of it. we, though, regard it as a standard of judgement of a supported-one of a member as prescribed by social security law. The standards are kinship, family supporter, sameness of a generation, and so on. But they are usually used as a part of livelihood security system for the purpose of basic livelihood protection. Like this, kinship or family-relationship, a standard of a family is used when it shows the reality of livelihood such as family-support relationship or same generation or the duty of support as prescribed by civil law. But, in this law, conjugal relations, support and assistance, the duty of supporting children is different in a legal quality with one in other law with no substantive enactment because it considers expenses of them. It means it is necessary that clear lawfulness of the duty of support is confirmed. Therefore, this study first investigated the basic idea of the duty of support which civil law shows, and then, the idea of a family was thought of what a important meaning, in view of expenses and superintendence of support, it has as the duty of support which includes one generation from an individual. Lastly, a family was considered as the standard of the social evaluation and mediation of family-support in social security law
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KEYWORD
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social security, duty of support, family, aged parents, generation, the supported one
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