@article{ART002366887},
author={Shinyong, Lee},
title={Changes in Child Care Compensation Criteria by the German Constitutional Court},
journal={Korea Social Policy Review},
issn={1226-0525},
year={2018},
volume={25},
number={2},
pages={165-189},
doi={10.17000/kspr.25.2.201806.165}
TY - JOUR
AU - Shinyong, Lee
TI - Changes in Child Care Compensation Criteria by the German Constitutional Court
JO - Korea Social Policy Review
PY - 2018
VL - 25
IS - 2
PB - Korean Association of Social Policy
SP - 165
EP - 189
SN - 1226-0525
AB - Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.
KW - The German Constitutional Court;German family policy;child's allowance and deduction;principle of subsidiarity;basic rights
DO - 10.17000/kspr.25.2.201806.165
ER -
Shinyong, Lee. (2018). Changes in Child Care Compensation Criteria by the German Constitutional Court. Korea Social Policy Review, 25(2), 165-189.
Shinyong, Lee. 2018, "Changes in Child Care Compensation Criteria by the German Constitutional Court", Korea Social Policy Review, vol.25, no.2 pp.165-189. Available from: doi:10.17000/kspr.25.2.201806.165
Shinyong, Lee "Changes in Child Care Compensation Criteria by the German Constitutional Court" Korea Social Policy Review 25.2 pp.165-189 (2018) : 165.
Shinyong, Lee. Changes in Child Care Compensation Criteria by the German Constitutional Court. 2018; 25(2), 165-189. Available from: doi:10.17000/kspr.25.2.201806.165
Shinyong, Lee. "Changes in Child Care Compensation Criteria by the German Constitutional Court" Korea Social Policy Review 25, no.2 (2018) : 165-189.doi: 10.17000/kspr.25.2.201806.165
Shinyong, Lee. Changes in Child Care Compensation Criteria by the German Constitutional Court. Korea Social Policy Review, 25(2), 165-189. doi: 10.17000/kspr.25.2.201806.165
Shinyong, Lee. Changes in Child Care Compensation Criteria by the German Constitutional Court. Korea Social Policy Review. 2018; 25(2) 165-189. doi: 10.17000/kspr.25.2.201806.165
Shinyong, Lee. Changes in Child Care Compensation Criteria by the German Constitutional Court. 2018; 25(2), 165-189. Available from: doi:10.17000/kspr.25.2.201806.165
Shinyong, Lee. "Changes in Child Care Compensation Criteria by the German Constitutional Court" Korea Social Policy Review 25, no.2 (2018) : 165-189.doi: 10.17000/kspr.25.2.201806.165
