위기의 상시화와 사회안전망으로서 사회보장법의 과제－ 공공부조와 실업보험을 중심으로 본 사회보장법 형성과정과 기본원칙 －

Abstract

When the economic crisis in the process of capitalist development seems to have reached the stage of normalization beyond repetition, and the ensuing ever-widening social polarization is devastating our society, an unstable life is the reality that ordinary citizens face in the midst of structural unemployment, poverty, and inequality. This paper examines changes in Korean social security law, its role and tasks, tracing the formative process of Korean social security law, specifically public assistance law as the last resort for poor people and unemployment insurance law as the basic protection for unemployed people. As our Constitution requires, we should reinforce the foundation of substantial equality, which enables us to recognize the dignity and value of human beings and pursue happiness through the “equal improvement of people’s life” and concrete guarantee of “humane livelihood.” This is the fundamental role and task of our social security law regardless of the stage of capitalist development or economic growth. In this regard, since the enactment of the law (1961), Korean public assistance law has consistently stated that it is a national obligation to guarantee “a healthy and cultural minimum life,” and the Framework Act on Social Security also confirms this. In the process of economic growth and capitalist development the role of social security has expanded from a traditional poverty relief and income redistribution function to the economy’s automatic stabilization function. In today’s polarization period, especially the function of social integration becomes more important, but the duty of social security law on all these socio-economic demands still starts from the guarantee of “healthy and cultural minimum living” that allows us to enjoy humane livelihood. When people’s lives are constantly in crisis mode due to the repeated economic crises, we need to implement this principle first in the area of public assistance and unemployment insurance, which has been required for a long time by our Constitution and social security law, but ignored in reality. Based on active social security financing by the state, we should provide a substantial guaranteed system of livelihood through expansion of coverage and increase of payment without loopholes in livelihood benefits and unemployment benefits.