Page 1 is shown as is; from page 2 on, the preview is blurred. Buy it to download the complete original file right away (the file itself is written in Korean).
Packed with real examples and experience. Download it now and save time.
Save your valuable time
Buyer ratings
Fast, accurate and useful.
No ratings yet. Be the first to rate it.
Characteristics of Social Relations Law: The Public/Private Law Dichotomy, the Independent-System Theory of Social Law, and Links to Administrative, Tax and Civil Law
※ You can preview page 1 as is. Buy it to download the complete original file right away. The file itself is written in Korean.
■ Characteristics of Social Relations Law: The Public/Private Law Dichotomy, the Independent-System Theory of Social Law, and Links to Administrative, Tax and Civil Law — Overview
A one-page assignment answer summarizing the characteristics of social relations law. It introduces positions on the legal system of social relations law, such as legal monism, the public/private law dichotomy and the theory that social law is an independent system, together with theories for distinguishing public from private law such as the interest theory, subject theory, legal-relationship theory and will theory, and explains the meaning of social law, which emerged to correct the ills of capitalism.
It then points out how social welfare law relates to administrative law, tax law and civil law, citing specific provisions such as Article 32 of the Social Welfare Services Act and Article 5 of the National Basic Living Security Act.
■ Characteristics of Social Relations Law: The Public/Private Law Dichotomy, the Independent-System Theory of Social Law, and Links to Administrative, Tax and Civil Law — Excerpt from the original document (in Korean)
이러한 사회법은 행정법과 사회복지법의 차이를 나열하면 사회복지법의 대부분이 국가의 주요 행정의 일부로서 행정관청에 의해 실시되고 국가의 강한 입법 의지를 담은 사회정책적 입법하고 인간다운 생활의 보장이 국가의 강한 행정행위에 의해 실현된다는 점에서 사회복지법과 행정법은 관련성이 있다는 것이다. 그 예를 들면 오늘날 사회복지 급여는 국가에 의한 사회복지행정을 통해 국민에게 전달되는 것을 들 수 있다.
또 사회법과 조세법의 유사점을 나열해보면 조세법상의 소득공제제도와 조세감면제도, 부(負)의 소득세제도 등은 소득의 재분배(특히 수직적 재분배)가 가능하다는 것이다.
■ Characteristics of Social Relations Law: The Public/Private Law Dichotomy, the Independent-System Theory of Social Law, and Links to Administrative, Tax and Civil Law — Contents and key concepts
Which areas of law does social welfare law touch?
The Social Welfare Services Act applies the Civil Act's provisions on corporations mutatis mutandis, and social insurance contributions behave like taxes. This answer concisely sets out where social law stands between public and private law.
Answer outline
- Legal monism, the public/private law dichotomy and the independent-system theory of social law
- Interest theory, subject theory, legal-relationship theory and will theory
- The emergence of social law to protect the economically vulnerable
- How social welfare law relates to administrative law
- Similarities with tax law in terms of income redistribution
- Application of the Civil Act's provisions on corporations and the duty of support under family law
How social welfare law relates to other laws
| Law | Connection |
|---|---|
| Administrative law | Social welfare benefits are delivered through social welfare administration |
| Tax law | Income deductions, tax reductions and redistribution; contributions becoming tax-like |
| Civil law | Article 32 of the Social Welfare Services Act applies the provisions on corporations; duty of support under family law |
Characteristics of social relations law, organized through the public/private law debate and links to administrative, tax and civil law
- It compresses the theories on the legal system of social relations law and its relationship with other laws into a single page.
- Because the relevant provisions are quoted directly, it is useful for exam preparation in social welfare legislation.
- It can serve as a model answer for short essay questions.
Take a break with a quick personality test?
Ranked by actual participation. Results in about a minute.
Loading…
Most-read content
Loading view counts…
Campusdown is a lifelong-learning community in Korea offering study materials, information on government support, student loans and scholarships, and more. Don't miss our free resources.
Go to the Campusdown home page →Refund policy
- Change of mind / refund requested after partial use / more than 7 days after purchase
◆ Exceptions
- File errors / cannot download or open the file
◆ How to request a refund: send a 1:1 inquiry via Customer Service at the top