노인장기요양신청 거부처분의 이유제시 필요성에 관한 연구 (A Study on Show Reason for Dismissal of Long-term Care Application)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 30권 / 1호 / 151 ~ 176페이지
· 저자명 : 서성운, 허준수

초록

Article 23 Paragraph 1 of the Administrative Procedure Act obliges the applicant to provide reasons and reason. This is important to enable the parties to properly respond to administrative remedies. In the case of an out-of-class judgment, the administrative office should give a reason for the reasons for the decision. If the reasons are not given, the administrative office will have to devote administrative power to the objection and administrative dispute response. Providing reasons and grounds to the applicant will prevent the consumption of administrative power in advance. Applicants who have received a, b, or c grades will not know what services they can receive through this. The grounds for presenting reasons for administrative proceedings can be found in Article 10 of the Constitution, the dignity and value of human beings, the rule of law, and democracy. The basis of the individual provisions of the Constitution is based on the due process of Article 12(1). First, imposing an obligation to give reason to the administrative office is to ensure the fairness of the administrative function. Second, there is a function of receiving basic judgments in deciding whether to submit administrative litigation. Third, it has the function of persuading the applicant to accept the disposition as legitimate. Finally, there is the ability * Ph.D in Law & Doctoral course at Soongsil University, Ph.D in Social Welfare, The Korea christian conciliation and arbitraion ** Professor, Social Welfare at Soongsil University 176 法學硏究 제30권 제1호(2019. 6) to clarify disposal. Among these functions, the right remedy function is the most important. If the administrative disposition is to be in writing, the reasons for the disposition must be included in the written disposition. If you give a reason in writing, it can put a burden on the administrative office. However, the applicant may have the convenience of remedies. The introduction of long-term care insurance for the elderly has opened a way to alleviate the burden of care for the elderly and their families suffering from chronic diseases and geriatric diseases. Long - term elderly care applications are expected to increase in the future. It is expected to increase the number of dismissed cases such as the out-of-grade judgment even though the elderly has applied for long-term care. Long-term care result notices are very important documents that can persuade applicants. However, they do not give reasons for the notice of the long-term care application. There is no notice on the notice of any right to receive relief. National Health Insurance Corporation should improve the result notice. And the reason for it should be provided as prescribed by the Administrative Procedure Act. In addition, guidance on what kind of services can be provided in case of the out-of-grade judgment should be done together. Education for rights relief is needed for social workers. The National Health Insurance Corporation shall provide detailed explanations on the services that can be used when determining the out-of-grade. Explaining the reason and reason to the applicant is a method of securing procedural guarantees and social security benefits. It is also necessary to legislate regulations that can be imposed when the administrative agency does not fulfill its duty to provide reason.

영어초록

Article 23 Paragraph 1 of the Administrative Procedure Act obliges the applicant to provide reasons and reason. This is important to enable the parties to properly respond to administrative remedies. In the case of an out-of-class judgment, the administrative office should give a reason for the reasons for the decision. If the reasons are not given, the administrative office will have to devote administrative power to the objection and administrative dispute response. Providing reasons and grounds to the applicant will prevent the consumption of administrative power in advance. Applicants who have received a, b, or c grades will not know what services they can receive through this. The grounds for presenting reasons for administrative proceedings can be found in Article 10 of the Constitution, the dignity and value of human beings, the rule of law, and democracy. The basis of the individual provisions of the Constitution is based on the due process of Article 12(1). First, imposing an obligation to give reason to the administrative office is to ensure the fairness of the administrative function. Second, there is a function of receiving basic judgments in deciding whether to submit administrative litigation. Third, it has the function of persuading the applicant to accept the disposition as legitimate. Finally, there is the ability * Ph.D in Law & Doctoral course at Soongsil University, Ph.D in Social Welfare, The Korea christian conciliation and arbitraion ** Professor, Social Welfare at Soongsil University 176 法學硏究 제30권 제1호(2019. 6) to clarify disposal. Among these functions, the right remedy function is the most important. If the administrative disposition is to be in writing, the reasons for the disposition must be included in the written disposition. If you give a reason in writing, it can put a burden on the administrative office. However, the applicant may have the convenience of remedies. The introduction of long-term care insurance for the elderly has opened a way to alleviate the burden of care for the elderly and their families suffering from chronic diseases and geriatric diseases. Long - term elderly care applications are expected to increase in the future. It is expected to increase the number of dismissed cases such as the out-of-grade judgment even though the elderly has applied for long-term care. Long-term care result notices are very important documents that can persuade applicants. However, they do not give reasons for the notice of the long-term care application. There is no notice on the notice of any right to receive relief. National Health Insurance Corporation should improve the result notice. And the reason for it should be provided as prescribed by the Administrative Procedure Act. In addition, guidance on what kind of services can be provided in case of the out-of-grade judgment should be done together. Education for rights relief is needed for social workers. The National Health Insurance Corporation shall provide detailed explanations on the services that can be used when determining the out-of-grade. Explaining the reason and reason to the applicant is a method of securing procedural guarantees and social security benefits. It is also necessary to legislate regulations that can be imposed when the administrative agency does not fulfill its duty to provide reason.

참고자료

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