기본적 인권 침해방지를 위한 사회복지시설제도 개선방향에 관한 고찰

Abstract

In Busan brothers 'welfare center case and Daegu disabled people' s human rights violation incident, many social welfare facility users were inflicted a serious physical and mental violation in the course of operation of social welfare facility system, so that basic human rights of individuals were indiscriminately infringed. The serious violation of human rights in social welfare facilities such as the Busan brothers' welfare center not only seriously infringed the dignity of many social welfare users, but also caused the core value of the highest constitutional law, such as human dignity, freedom and rights, Infringement is a serious human rights violation. In addition, it can be seen that various types of basic human rights violation incidents such as sexual harassment and rape have been issued in relation to the types of infringement, the degree of infringement and the period of infringement that occurred in the process of operating various social welfare facilities. In many cases, the period of human rights violation lasted for a long time, so that the infringement of the basic rights of the social welfare facility operation process was long and repetitive. In addition, despite the fact that there was a supervisory body of the social welfare institution, it can be seen that not only the oppression of freedom of action such as exploitation and detention, but also the serious violation of basic rights such as violation of personal body or violation of personal life. In addition, the social welfare facility system, which was established and operated to implement human dignity, which is the highest value of the Constitution, to people who need social welfare, and to ensure that people can live a human life, can not guarantee a minimum life In addition, concerns and criticism such as the controversy over the operation of the social welfare system have increased, as it has caused even serious violations that are not easy for the people to recover. In particular, it aims to prevent and eradicate serious human rights violations in the process of operating the social welfare facilities system, as well as to implement human dignity, realization of social state principle, guarantee of social fundamental rights, The social welfare facility system designed to guarantee and protect basic rights should be operated in accordance with the original legislation, so that the community welfare system should be built and the social welfare promotion should be promoted. In this context, we analyze the actual conditions and problems of various social welfare facilities operated nationwide and are operating properly according to the purpose of the introduction of social welfare facilities as well as constitutional principles and principles, and at the same time, There is a great need to analyze and examine ways to improve the social welfare facility system to prevent or eliminate the constitutional human dignity and basic human rights indiscriminately. Therefore, in this study, the social welfare facility system is operated in various fields, and in the change of the reality of the constitution which is rapidly increasing, the Constitution of the Constitution including the dignity and value of human beings, the social state principle.