결혼이민여성의 공공부조 수급권에 관한 소고

Abstract

This study aims to comprehensively examine whether female immigrants through marriage are entitled to beneficiaries in public assistance and to draw policy implications from the findings in order to improve the problems. Key findings from the study are as follows. The National Basic Livelihood Security Act and the Emergency and Aid Support Act, both of which are general public assistance, grant exceptionally the right to receive benefits for female immigrants through marriage by special provisions for foreigners. In this case, the entitlement is granted only if additional requirements are met in addition to the marital relationship. On the other hand, the Basic Senior Pension Act and the Pension Act for Persons with Disabilities, which are categorical public assistance, are only applicable to the public with citizenship, and there is no special provision for foreigners regarding the beneficiary right. The benefits are indirectly provided when the entitlements are granted for foreigners in other related laws. This legislative policy might provoke significant discrimination among female immigrants through marriage and even the entitlement is only temporarily acknowledged while fulfilling the duty to care for the elderly and the children. Therefore, considering their social contributions, at least the right to receive public assistance needs to be gradually expanded, focusing on female immigrants both who have fulfilled their care obligations and who are separated or divorced due to widowhood or a cause attributable to their spouses.