「아동의 빈곤예방 및 지원 등에 관한 법률」의 부속법령 개정을 위한 입법론적 제안

Abstract

In South Korea, child welfare policy has not been managing the child poverty matters even though the number of children who are becoming poor has sharply increased due to family disorganization which is caused by runaway, divorce, separation, disease and death of their parents under social polarization and economic recession. However, according to the previous research into child poverty, it had considerably negative effects on whole parts of child development including physical and mental health, scholastic achievement and prosocial behavior. Therefore, they couldn’t escape from the poverty even when they reached adulthood. Hence, people called for government involvement in indigent child matters, and the necessity of early involvement for indigent child at the aspects of health, welfare and education were emphasized. Furthermore, enactment of ‘Indigent Child Support Act’ for prevention of indigent child and continuous and systematic support for them has been insisted by parliament and the academic world, and as a result of these efforts, the government legislated 「Act of Prevention and Support of Child Poverty : APSCP」(Act No. 10850, effects on July 15th, 2012) on July 14th, 2011. APSCP is the first law which has been legislated in south Korea related to ‘indigent child’, in spite of this fact, it only has 11 Articles which includes very fragmentary and fundamental items, therefore, doubts on its effectiveness are being expressed. In addition, this Act has delegated significantly small number of items to its enforcement ordinance or enforcement regulation. Hence, the purpose of the enactment of APSCP and its basic ideology would be hardly achieved if the law is enacted within the limits of these items. Thus, substantial reinforcement of APSCP should be executed urgently for the appropriate operation of APSCP which aims for the prevention and support of child poverty. However, in the meantime, the crucial task is to properly enact the enforcement ordinance and enforcement regulation which determine the items delegated by this Act and necessary for the execution of this Act. Therefore, in this paper, I will suggest the revised bill(plan) of its enforcement ordinance and enforcement regulation which can reinforce the imperfection of this Act to promote effective operation of the prevention and support of child poverty.