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등록/수정일11.11.17 / 11.11.17
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목 차
Ⅰ. 서론 ··································································· 2
1. 연구목적 ············································································· 2
2. 문제설정 ············································································· 2
3. 선행연구 ············································································· 3
4. 연구방법 ············································································· 3
Ⅱ. 본론 ··································································· 4
1. 사회복지수급권의 개념 ························································· 4
가. 사회복지수급권의 의의 ······························································· 4
나. 사회복지수급권의 법적성격 ························································· 5
1) 프로그램 규정설 ················································································· 6
2) 법적 권리설 ······················································································· 7
가) 추상적 권리설 ················································································· 7
나) 구체적 권리설 ················································································· 7
2. 사회복지수급권의 발생과 효과 및 보호 ·································· 7
가. 사회복지급여수급권자의 권리 ································································ 7
나. 사회복지급여수급권의 발생과 효과 및 보호 ············································· 8
1) 수급권 발생의 요건 ············································································ 8
2) 급여의 지급요건 ················································································· 8
3) 권리의 효과 ······················································································· 9
4) 사회복지수급권의 보호 ········································································ 9
3. 사회복지수급권의 제한 및 소멸 ············································· 10
가. 수급권제한의 의의 ················································································ 10
나. 수급권의 제한 ······················································································ 10
다. 수급권의 소멸 ······················································································ 11
4. 각국의 사회보장권 ······························································· 12
5. 시대별 사회복지입법 ···························································· 12
가. 1960-1970년대의 사회복지입법 ·······························································12
나. 1980년대의 사회복지입법 ······································································· 13
다. 1990년대의 이후의 사회복지입법 ····························································· 14
6. 문제점 및 해결방안 ··················································································· 15
Ⅲ. 결론 ··································································· 16
참고문헌 ········································································································· 17
Ⅰ. 서론
1. 연구목적
인간다운 생활을 할 권리와 사회급여수급권은 일반적으로 목적과 수단의 관계 또는 주기본권과 파생기본권과의 관계에 있는 것으로 판단되고, 또한 이들은 함께 사회보장권을 구성하며, 사회보장권의 가장 기본적인 최저한을 보장하기 위한 것이 바로 사회급여수급권이라 할 것이므로 사회급여수급권의 법적 성격에 관하여는 사회보장권에 관한 논의와 깊은 관계에 있다.
목 차
Ⅰ. 서론 ··································································· 2
1. 연구목적 ············································································· 2
2. 문제설정 ············································································· 2
3. 선행연구 ············································································· 3
4. 연구방법 ············································································· 3
Ⅱ. 본론 ··································································· 4
1. 사회복지수급권의 개념 ························································· 4
가. 사회복지수급권의 의의 ······························································· 4
나. 사회복지수급권의 법적성격 ························································· 5
1) 프로그램 규정설 ················································································· 6
2) 법적 권리설 ······················································································· 7
가) 추상적 권리설 ················································································· 7
나) 구체적 권리설 ················································································· 7
2. 사회복지수급권의 발생과 효과 및 보호 ·································· 7
가. 사회복지급여수급권자의 권리 ································································ 7
나. 사회복지급여수급권의 발생과 효과 및 보호 ············································· 8
1) 수급권 발생의 요건 ············································································ 8
2) 급여의 지급요건 ················································································· 8
3) 권리의 효과 ······················································································· 9
4) 사회복지수급권의 보호 ········································································ 9
3. 사회복지수급권의 제한 및 소멸 ············································· 10
가. 수급권제한의 의의 ················································································ 10
나. 수급권의 제한 ······················································································ 10
다. 수급권의 소멸 ······················································································ 11
4. 각국의 사회보장권 ······························································· 12
5. 시대별 사회복지입법 ···························································· 12
가. 1960-1970년대의 사회복지입법 ·······························································12
나. 1980년대의 사회복지입법 ······································································· 13
다. 1990년대의 이후의 사회복지입법 ····························································· 14
6. 문제점 및 해결방안 ··················································································· 15
Ⅲ. 결론 ··································································· 16
참고문헌 ········································································································· 17
Ⅰ. 서론
1. 연구목적
인간다운 생활을 할 권리와 사회급여수급권은 일반적으로 목적과 수단의 관계 또는 주기본권과 파생기본권과의 관계에 있는 것으로 판단되고, 또한 이들은 함께 사회보장권을 구성하며, 사회보장권의 가장 기본적인 최저한을 보장하기 위한 것이 바로 사회급여수급권이라 할 것이므로 사회급여수급권의 법적 성격에 관하여는 사회보장권에 관한 논의와 깊은 관계에 있다.
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