노인장기요양보험법의 문제점과 개선방안 (Legal Problems and Proposal on Long-Term Care Insurance Act for the Aged)

서지정보

· 발행기관 : 동아대학교 법학연구소
· 수록지 정보 : 동아법학 / 57호 / 289 ~ 317페이지
· 저자명 : 고준기

초록

사람은 고령화되면 건강이 쇠퇴하며, 육체적․정신적으로 매우 허약해지고, 장애의 발생이 높아 다른 사람에게 의존 가능성이 커진다. 또한 노인계층의 상병구조도 만성질환 중심으로 변화하면서 완치가 불가능하여 질병을 관리하는데 많은 비용을 소요하게 하여 부담을 늘리게 한다. 만성질환은 장애를 수반하는 경우가 많다. 장애는 만성질환과 결부되어 만성질환 이환율이 높아지는 만큼 삶의 질을 저하시킨다. 우리나라는 2008년 7월부터 노인장기요양보험제도를 시행하고 있다. 노인장기요양보험법은 가족의 노인장기요양부담을 완화하고 노인의 삶의 질을 향상시키려는 목적으로 제정되었다. 이 논문에서는 공적노인요양보장 법제의 구조 등 노인보건의료에 관한 법적 체계와 현행법상의 나타나고 있는 개별적인 문제점을 도출하고 노인장기요양서비스의 질적 제고와 다양화 및 급여확대를 위한 법적 개선방안을 마련하고자 하였다.

영어초록

With entry into an aged society, numerous problems of the aged to health of the elderly among the elderly are associated with chronic disease in elderly individuals with disabilities and their activities of daily living, such as the morbidity and instrumental activities of daily living from carrying on the family as alleviate caregiver burden and redundant use of National Health Insurance Act due to a system for reducing the fiscal deficit as from 1 July 2008 are being conducted nationwide. The Long-Term Care Insurance plan has been successfully enforced in many ways, such as an increase number of recipients of the service and improvement of the qualify of elderly life etc. However, problems in the Long-Term Care Insurance Act for the aged since the Act has been put into effect include service quality and effectiveness of care issues. Effective management of Long Term Care of the elderly by providing ways to improve the quality of life, ease the burden of the family.
This study is to review the Long-Term Care Insurance Act in Korea in order to find some implications and suggest policy alternatives for the improvements of the system.
The main contents of this paper are diagnosis of present state and problems of long-term care insurance system, directional establishments in constructing new system and consideration of practical alternatives of new system. Some lessons from foreign experiences show that the more wide range of the aged could get the Long-Term Care Insurance services by giving them proper legal rights. At the same time it requires as well as more public funds and its efficient management and fully qualified home helper and education program for them. However, one of the most important issues, whether or not providing cash benefit, is still unresolved. This paper suggest that the cash benefit in long-term care insurance is indispensible in achieving the goal of the long-term care system. The law must be presented in elders protections for social insurance to settle the home service, day-night care service and counseling system.
Welfare of the aged Act is just welfare service law for the aged focusing on facilities welfare and about care for the aged Long-term Care Insurance Act for Aged plays an important part. In the perspective of Welfare of the aged Act, the enforcement of the plan has to solve the newly rised problem about the blind spot as well as to lead the various and extensive role on preventive and complementary part of the service. Nonetheless Welfare of the aged Act does not adequately cope with these kind of problems. To solve these problems, relationship between two parties has to be clearly defined according to the aim and the purpose of the law and based on that, following problems, such as the scope of the recipients, details of the service, comparison with other countries, and financial matter has to be examined.

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