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논문 기본 정보

저자정보
(사법연수원)
저널정보
한국사회보장법학회 사회보장법학 사회보장법학 제6권 제1호
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피인용 10

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    초록·키워드

    Social solidarity is the product of the recognition about social risks as well as the collective correspondence against it. ‘Solidum’ in Roman law era means the duty for all and joint responsibility. Solidarity has evloved with various meanings in the area of Solidarism in France, labour movement and catholic. Social solidarity has been institutionalized into social insurance in the 19th century in Germany, France and England.
    The structural features of social insurance reflects the principle of social solidarity. First of all, social solidarity is based on the universalism because it applies to the citizens in the specific country. Social solidarity forms the compulsory social insurance which reflects the collectivism of social solidarity. Social solidarity also meets the normal needs of the insured in social risks. The contribution which is proportional to the amount of the insured"s income comprises the prerequisite of the payment based on the normal needs. It means the interchangeability between the need and the income of the insured. The autonomy of the insured in the social insurance is related to the procedural justice and the legal control against the insurer.
    Next, This thesis of a doctorate evaluates the Korean social insurance in terms of the universal appliance, the collective responsibility, the payment based on the normal needs, the contribution propotional to the amount of the insured’s income and the participation of the insured which not only constitute the legal component of social solidarity but also the legal structure of social insurance. According to the results of the analysis, the Korean social insurance remains the low level of these all factors. Finally, I try to make a suggestion about the legal meaning of social solidarity based on the previous historical evolvement of social solidarity, the legal component of social solidarity and the legal structure of social insurance. The central components of social solidarity are ‘universalism, collectivism and reciprocity’. In this respect the legal concept of social solidarity in social insurance is ‘the collective responsibility to guarantee all citizen’s normal livings’. Social solidarity requires the ‘Solidarity Community’ which guarantee all citizen’s needs in social insurance. In Solidarity Community the insured are forced to fulfill the obligation of solidarity which means the application for compulsory insurance as well as the payment of the premium. In other way the insured have the right about the benefits to satisfy his or her normal needs based on social solidarity in this Community. It could be called ‘The right to solidarity for coexistence’.

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