사회복지법제와 실천

제1부 총 론(總論)
제01장 사회복지법 개관(社會福祉法 槪觀)
제O1절 법의 기초개념(基礎槪念) ···································································· 15
1. 법의 정의(定義) ································································································· 15
2. 법의 의의(意義) ································································································· 15
3. 법의 목적(目的) ································································································· 17
4. 법의 효력(效力) ································································································· 18
5. 법의 분류(分類) ································································································· 19
6. 법원(法源) ·········································································································· 23
제O2절 사회복지법의 개념과 체계 ································································ 28
1. 사회복지법의 개념(槪念) ·················································································· 28
2. 사회복지법의 범위(範圍) ·················································································· 29
3. 사회복지법의 분류체계(分類體系) ··································································· 30
4. 사회복지법의 구성형식(構成形式) ··································································· 31

제02장 사회복지법의 역사적 형성과 특징
제O1절 사회복지법의 형성 ············································································· 33
1. 자본주의의 출현과 사회복지법의 형성 ··························································· 33
2. 법치국가에서 복지국가로의 이전 ···································································· 34
제O2절 외국의 사회복지법 형성과정 ····························································· 39
1. 영국의 사회복지법 ···························································································· 39
2. 독일의 사회복지법 ···························································································· 46
3. 미국의 사회복지법 ···························································································· 47
제O3절 우리나라의 사회복지법 형성과정 ······················································ 48
1. 1960년대 이전의 사회복지법 ··········································································· 48
2. 1960－1970년대의 사회복지법 ········································································· 49
3. 1980년대의 사회복지법 ···················································································· 50
4. 1990년대 이후의 사회복지법 ··········································································· 51

제03장 사회복지법의 권리성
제O1절 기본권(基本權)의 개념과 특징 ··························································· 56
1. 기본권의 개념 ··································································································· 56
2. 기본권의 성격 ··································································································· 56
3. 기본권의 제도적 보장(制度的 保障) ································································ 58
제O2절 사회복지법의 권리성(權利性) ···························································· 60
1. 사회권(社會權) ··································································································· 60
2. 복지권(福祉權) ··································································································· 60
제O3절 사회권(복지권)의 법적 성격에 관한 학설(學說) ································ 62
1. 프로그램규정적 권리설 ····················································································· 63
2. 법적 권리설 ······································································································· 63
제O4절 사회권(복지권)의 규범적 구조(規範的 構造) ····································· 64
1. 실체적 권리(實體的 權利, 복지급여 청구권) ·················································· 65
2. 수속적 권리(手續的 權利) ················································································ 65
3. 절차적 권리(節次的 權利) ················································································ 65

제04장 사회복지주체와 법률관계
제O1절 공적 사회복지주체(公的 社會福祉主體) ············································ 66
1. 국가(國家) ·········································································································· 66
2. 지방자치단체(地方自治團體) ············································································· 66
3. 공공조합(公共組合) ··························································································· 67
4. 공재단(公財團) ··································································································· 67
5. 영조물법인(營造物法人) ···················································································· 67
제O2절 법인(法人, Artificial Person) ································································· 68
1. 법인의 개념(槪念) ····························································································· 68
2. 법인의 특징(特徵) ····························································································· 68
3. 법인의 종류(種類) ····························································································· 68
4. 법인 성립요건(成立要件)에 관한 이론(理論) ·················································· 70

제05장 사회보장론(社會保障論)
제O1절 사회보장 개요 ···················································································· 72
1. 사회보장의 어원 ································································································ 72
2. 사회보장의 개념 ································································································ 72
제O2절 외국의 사회보장제도 ········································································· 73
1. OECD 국가의 사회보장제도 ············································································ 73
2. 미국의 사회보장제도 ························································································ 76
3. 영국의 사회보장제도 ························································································ 78
4. 일본의 사회보장제도 ························································································ 80
5. 요약 ···················································································································· 82

제2부 각 론(各論)
제01장 사회복지 포괄법
제O1절 사회보장기본법(社會保障基本法) ······················································· 85
1. 개요 ···················································································································· 85
2. 특성 ···················································································································· 85
3. 목적 및 기본이념 ······························································································ 86
4. 주요 용어의 정의(제3조) ·················································································· 86
5. 사회보장의 주체와 대상 ··················································································· 87
6. 사회보장에 관한 국민의 권리(社會保障受給權) ············································· 91
7. 사회보장 기본계획과 사회보장위원회 ····························································· 94
8. 사회보장정책의 기본방향 ················································································· 96
9. 사회보장제도의 운영 ························································································ 97
10. 사회보장정보의 관리 ···················································································· 100
11. 보칙 ················································································································ 101
제O2절 사회복지사업법(社會福祉事業法) ····················································· 101
1. 개요 ·················································································································· 101

제02장 공공부조법(公共扶助法)
제O1절 빈곤과 국민기초생활보장제도 ························································· 119
1. 빈곤 ·················································································································· 119
2. 기초보장 개념의 역사적 전개과정 ································································ 121
3. 사회보장제도의 분류 ······················································································ 122
제O2절 국민기초생활보장법(國民基礎生活保障法) ······································· 124
1. 개요 ·················································································································· 124
2. 시행 원칙 ········································································································· 125
3. 타법과의 비교 ································································································· 126
4. 연혁 ·················································································································· 127
5. 목적 및 정의 ··································································································· 128
6. 수급자의 권리와 의무 ····················································································· 130
7. 수급자 선정기준 ······························································································ 131
8. 급여 ·················································································································· 133
9. 수급자 선정 및 급여결정 ··············································································· 135
10. 자활 지원 ······································································································· 136
제O3절 의료급여법(醫療給與法) ···································································· 139
1. 개요 ·················································································································· 139
2. 목적 및 정의 ··································································································· 139
3. 수급권자 기준 및 권리 ··················································································· 140
4. 의료급여의 제공 및 제한 ··············································································· 142
5. 의료급여기관 ··································································································· 146
6. 보장기관 등 ····································································································· 148
7. 의료급여기금 ··································································································· 149

제03장 사회보험법(社會保險法)
제O1절 사회보험 개요 ·················································································· 152
1. 사회보험의 기능 ······························································································ 153
2. 사회보험의 기본원리 ······················································································ 153
3. 사회보험과 타제도와의 차이점 ······································································ 154
4. 우리나라 사회보험의 개요 및 비교 ······························································ 156
제O2절 국민연금법(國民年金法) ···································································· 158
1. 개요 ·················································································································· 158
2. 특성 ·················································································································· 159
3. 연혁 ·················································································································· 160
4. 목적 및 정의 ··································································································· 160
5. 적용 범위 ········································································································· 162
6. 급여 ·················································································································· 167
7. 운영기구 ··········································································································· 171
8. 권리구제 ··········································································································· 172
제O3절 국민건강보험법(國民健康保險法) ····················································· 174
1. 개요 ·················································································································· 174
2. 특성 ·················································································································· 175
3. 연혁 ·················································································································· 176
4. 목적 및 정의 ··································································································· 177
5. 가입자 ·············································································································· 178
6. 보험 급여 ········································································································· 181
7. 비용 부담 및 급여 제한 ················································································· 183
8. 보험료 ·············································································································· 186
9. 관련 조직 ········································································································· 187
2. 특성 ·················································································································· 102
3. 입법 배경 ········································································································· 102
4. 목적 및 정의 ··································································································· 103
5. 기본원칙 ··········································································································· 105
6. 민간 사회복지전달체계 ··················································································· 107
7. 사회복지사 자격제도 ······················································································ 116
8. 재가복지 ··········································································································· 118
10. 수급자의 권리보호 ························································································ 189
제O4절 산업재해보상보험법(産業災害補償保險法) ······································· 190
1. 개요 ·················································································································· 190
2. 특성 ·················································································································· 191
3. 연혁 ·················································································································· 191
4. 목적 및 정의 ··································································································· 192
5. 적용 범위 ········································································································· 194
6. 급여기준 ··········································································································· 195
7. 보험급여 ··········································································································· 197
8. 관련 조직 ········································································································· 202
9. 수급자의 권리 보호 ························································································ 203
10. 기타 ················································································································ 204
제O5절 고용보험법(雇傭保險法) ···································································· 205
1. 개요 ·················································································································· 205
2. 특성 ·················································································································· 205
3. 연혁 ·················································································································· 206
4. 목적 및 정의 ··································································································· 207
5. 적용 범위 ········································································································· 208
6. 보험급여 ··········································································································· 209
7. 보험료 및 고용보험기금 ················································································· 218
8. 관련 조직 ········································································································· 219
9. 수급자의 권리 보호 ························································································ 220
제O6절 노인장기요양보험법(老人長期療養保險法) ······································· 222
1. 개요 ·················································································································· 222
2. 특성 ·················································································································· 223
3. 건강보험제도 및 노인복지서비스 체계와의 차이점 ····································· 224
4. 연혁 ·················································································································· 224
5. 목적 및 정의 ··································································································· 225
6. 장기요양급여 제공의 원칙과 국가․지방자치단체의 책무 ·························· 226
7. 장기요양신청의 신청 및 조사 ········································································ 227
8. 장기요양급여 ··································································································· 228
9. 장기요양기관 ··································································································· 232
10. 관련 조직 ······································································································· 235
11. 권리구제 ········································································································· 237

부록
부록 1. 대한민국헌법(大韓民國憲法) ··························································· 241
부록 2. 사회보장기본법(社會保障基本法) ···················································· 264
부록 3. 사회복지사업법(社會福祉事業法) ···················································· 276
부록 4. 사회복지시설의 종류 ······································································ 309

참고문헌 • 312