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The Development & Legal Nature of Social Right

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 22(), pp.383-402
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

BAEK YUN CHUL 1 Jeong Hoe Gun 2

1대구사이버대학교
2남서울대학교

Accredited

ABSTRACT

Generally, social right is defined as an inalienable rights approved under the social law. It means the right to ask the government to secure requirements for human life. Actually, it seems to be abstract on one hand but it is explained the idea in the concrete on the other.This study discuss the intrinsic attribute of social right and tries to find out its legal character. For the purpose, we examine the necessity of social right and then establish its up-to-date meaning through a positive law.From this study, we can finally deduce the following conclusion; under the premise that it is possible to protect constitutionally anyone whose social right is infringed, it may be no problem that the social right is considered as concrete right.(주제어)생활권, 사회권, 프러그램규정설, 구체적권리설, 추상적권리설, 헌법적위임설, 불완전한 구체적권리설

KEYWORDS

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Citation status

* References for papers published after 2023 are currently being built.