사회보장행정에서 법률유보의 원칙 - 주거복지를 중심으로 -

Abstract

In the past, with regard to the application of the Principle of Statutory Reservation in Social Security Administration, there were many opinions that the Principle of Statutory Reservation should not be applied or should be relaxed. However, even when following the theory of reservation of important matters(theory of essentials), it can be said that it is possible to change according to the context of society as to which is ‘important matter’, and in modern times, providing benefits to individuals is also important. As the housing problem has recently been pointed out as a major social problem, 「Framework Act On Residence」 was enacted to solve the housing problem in terms of social security. However, despite these attempts, sufficient discussion on housing has not been made from the perspective of the Social security administration In particular, the current laws and regulations related to Housing Welfare have a big problem in that the system is implemented by revising the laws and regulations in the form of listing the recipients according to the needs of the policy without setting a certain standard for the recipients. This method negatively affects the implementation of stable welfare administration with limited financial resources. If the laws and regulations related to Housing Welfare are reviewed based on the Principle of Statutory Reservation[the theory of reservation of important matters(theory of essentials)], the most important aspects of housing welfare are recipient and payment requirements (‘Minimum standard in housing’), and these should be regulated by law. Therefore, as a review of the preparation of the recipient definition regulations, the need to stipulate the definition of “Class in need of housing support”, “Housing Vulnerable Class” and “Housing Disadvantaged Persons” was proposed, and the “minimum housing standard” was reviewed as a minimum standard for those eligible for benefits. This prevents administrative arbitrariness and provides predictability to the recipient, which will lead to the establishment of a more substantial housing rights.