주거권과 주거복지에 관한 헌법적 연구

Abstract

In order to live a humane life, food, clothing, and shelter must be resolved. Humans must have a place to eat, wear, and live. Article 10 of the Constitution stipulates the dignity and value of human beings and the right to pursue happiness, while Article 34 (1) stipulates the right to lead a life worthy of humanity. Food, clothing and shelter are essential elements for human life. Among these food, clothing and shelter, the main life is the one that requires economic ability, unlike food and clothing, and the object of the main life is the house. The right to housing, the right to housing, is not explicitly stipulated in the Constitution. The term housing can also be found in the freedom of residence in Article 16 of the Constitution, but the freedom of residence is only intended to guarantee the freedom of a person's living space and does not guarantee a house, which is a place. In that the guarantee of the right to housing is included in the right to live like a human being, it is considered that the right to housing can be derived from the right to live like a human in Article 34 (1) of the Constitution. However, the human right to live is a social right under the Constitution, and the legal character of the right to housing is also a social right. The human right to life can be embodied through the state's efforts to promote national social security and social welfare through Article 34 (2) of the Constitution. To this end, the state enacted and implemented the 「Basic Act on Social Security」. This Act lists social insurance, public assistance, and social services as social security systems. Among them, social services fall under social welfare and can be said to be included in housing welfare. Housing welfare can be said to be a housing service provided by the state for those who cannot meet basic housing needs. The state shall endeavor to guarantee the right to housing of the people by establishing housing policies and establishing related laws for housing welfare. However, the guarantee of the right to housing and the realization of housing welfare are not only realized through the efforts of the state. Even if the state establishes a legal system for housing, housing, which is the object of housing, is related to individual property rights, and there is a limit to the obligation of the state to make efforts. This is because even if the basic right to housing is acknowledged, it has the character of a social right. In this regard, in order to guarantee the right to housing, the state should establish housing-related policies centered on the appropriateness and stability of housing and reorganize the legal system to ensure the people's right to care and make efforts to realize housing welfare.