A study on the Residential Welfare Facility for the Aged (노인주거복지시설에 관한 고찰 )

Jang Kyo-Sik (장교식); seon eun ae (선은애)

A study on the Residential Welfare Facility for the Aged

Public Land Law Review
Abbr : KPLLR
2011, 52(), pp.357-382
Publisher : Korean Public Land Law Association
Research Area : Social Science > Law

Jang Kyo-Sik ¹, seon eun ae ¹

¹건국대학교

Accredited

ABSTRACT

The aged people who have contributed to national and social development and the cultivation of their posterity are those who should be respected by them and live a stable life. The number of the aged population is rapidly increasing with the increase of the average life due to the development of medical technologies, the problem of the population structure induced by low birth rate and the like. The increase of the aged population has caused several social problems, of which they have a limit of income in economic terms. And the residential welfare facility for the aged has come to a forefront because they can live a single life due to their old age. With the increase of residential welfare facilities for the aged due to the increase of the aged population and the increase of institutionalized old people, the violation of the rights of old residents in the residential welfare facility and the improvement of their welfare have come to a forefront as a social problem. Accordingly, this study attempts to investigate the problem of management and supervision of the residential welfare facility and the aged and the possibility and present situation of the violation of rights of the old people residing in the facility. And it attempts to present a direction for the protection of rights of old people residing in the residential welfare facility for the aged and the improvement of their welfare through legal and institutional analysis related to this. In Korea, national government and local government have a duty of managing and supervising residential welfare facilities for the aged. So the service delivery system is not efficient due to its top-down vertical structure. And there is no agency in charge of residential welfare facilities for the aged in a systematic and independent way. Accordingly, ex post factor relief, not prior relief, is made possible for the violation of rights of old people residing in the residential welfare facility for the aged. Accordingly, to protect the rights of old people residing in the residential welfare facility for the aged and improve their welfare, the Ministry of Health and Welfare, the administrative agency of national government, should present the basic policy or program of the vertical service delivery system and provide administrative supervision and financial support for it. And local government should provide efficient service for them with autonomous authority. And it is necessary to establish the agency which can be in charge of the residential welfare facility for the aged in an independent way as it is managed and supervised by different agencies. And it is necessary to introduce the Ombudsman system making its prior relief possible in relation to the violation of rights of old people residing in the facility. And it is necessary to organize the private body exclusively in charge of residential welfare facilities for the aged and introduce the service quality evaluation system through the third party.

KEYWORDS

노인주거복지시설(residential Welfare Facility for the Aged), 사회적 기본권(droits sociaux), 노인학대(elder abuse), 옴부즈만제도(Ombudsman system), 제3자를 통한 시설평가제도(service quality evaluation system through the third party)

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