What is a court of social welfare law? Summary of written law and unwritten law (customary law, case law, and regulations)

The court of social welfare law refers to the form in which the law on social welfare exists, that is, the form of existence of the law that serves as the basis for finding and applying the law. It is largely divided into written law, which is organized in writing, and unwritten law, which is not written down but is recognized as law.

As it is the first unit of social welfare legislation and a common question on social worker exams, we have organized it so that the meaning, examples, and differences in effect of each court can be seen at a glance.

What is written law?

A written law is a law made into sentences through a set process. In social welfare law, it is usually organized into five categories.

• Constitution: Like the right to a humane life in Article 34, it is the highest basis for social welfare.
• Laws: The Social Welfare Services Act and the National Basic Living Security Act made by the National Assembly.
• Order: Presidential Decree (Enforcement Decree), Prime Minister’s Ordinance and Ministerial Decree (Enforcement Rules) to implement the law.
• Autonomous regulations: These are ordinances and rules made by local governments.
• International treaties: Treaties concluded and promulgated in accordance with the Constitution have the same effect as domestic law.

The written law has the advantage of being clear and predictable, but it also has the limitation that it is difficult to immediately follow the rapidly changing welfare reality because it is fixed in sentences.

What is unwritten law and why is it needed?

Unwritten laws are laws that are not established in writing but are recognized as valid. Customary law is a practice that has been repeated for a long time and is accepted by people as something to be followed like a law. Case law is a collection of court rulings that serve as a standard in similar cases, and rules are principles that become the final standard for judgment when there is no law, such as social norms or the essential principles of things.

Because new problems arise quickly in the field of social welfare, the role of precedents and regulations is important in filling in the gaps that cannot be determined by written law.

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What is the effect of case law in Korea?

In common law countries, previous rulings strongly bind subsequent rulings, but in Korea, which focuses on written law, precedents do not have general binding force like laws. However, the judgment of the higher court binds the lower court in the case, and the Supreme Court precedent actually has great influence in the actual trial.

So, in exams, it is safe to use both the fact that the effect of case law is weaker than that of common law countries and the factual influence in practice.

How should written and unwritten laws be harmonized?

Because the Social Welfare Act is directly related to the survival of the people, rights and salary standards must be clearly established in written law. At the same time, we need a cycle of supplementing areas where the law does not keep up with reality with precedents and opinions, and reflecting the accumulated judgments in the revision of the law. The process of expanding welfare legislation in accordance with social changes is It is easy to understand the flow when viewed together with social welfare policy development theory.

How should I organize my assignments?

It would be neat to write the assignment in the following order: meaning of social welfare and social welfare law → concept of court → types and limitations of written law → types and effect of unwritten law → suggestions for harmonization of the two courts. For written laws, write down the article number, and for unwritten laws, add short examples to each customary law, case law, or article to better understand your understanding. A 5-page article that examines the social welfare law courts by dividing them into written law and unwritten law and suggests the characteristics of our case law and the harmony of the two courts. href="https://campusdown.com/product/%EC%82%AC%ED%9A%8C%EB%B3%B5%EC%A7%80%EB%B2%95%EC%9D%98% EB%B6%88%EB%AC%B8%EB%B2%95%EC%9D%B8%EA%B4%80%EC%8A%B5%EB%B2%95%C2%B7%ED%8C%90%EB%A1%80%EB%B2% 95%C2%B7%EC%A1%B0%EB%A6%AC%EC%99%80%EC%84%B1%EB%AC%B8%EB%B2%95%EA%B3%BC%EC%9D%98%EC%A1%B0%ED% 99%94%EB%A5%BC%EC%9C%84%ED%95%9C%EB%B0%9C%EC%A0%84%EB%B0%A9%ED%96%A5%EC%A0%9C%EC%96%B8-25848" rel="noopener">Campus-like social welfare law court summary material can be a reference for item-by-item organization for those preparing for social welfare legislation assignments and social worker exams.