Research Report
Data-based Evaluation of Legislation(Ⅲ): National Basic Living Security Act
Ⅰ. Backgrounds and Purposes
○ In accordance with Article 34 of the Constitution and the Framework Act on Social Security, the National Basic Living Security Act, which aims to 'provide necessary benefits to those in need to ensure their minimum living and help them live their own lives,' marks its 20th anniversary, and aims to conduct a legislative evaluation of the National Basic Living Security Act as part of 'a data-based legislative assessment of legislation for the socially disadvantaged'.
○ In carrying out the legislative evaluation of the National Basic Living Security Act as part of the 'Legislative Assessment Based on Data on the Law of the socially disadvantaged' of the legislative evaluation research project, we will focus on the standards of the Obligatory provider and the evaluation of the ability of the Conditional benefits among the many issues pointed out as the final social safety net.
Ⅱ. Major Content
▶ Evaluation of legislation on the Obligatory provider
○ A Study on the Relationship between the Duty of Support in Civil Law
○ An Analysis of the Current Status and the Review of Changes in the Standards of the Obligatory provider under the National Basic Living Security Act
▶ Evaluation of legislation on the Conditional benefits
○ Analysis of operational conditions and problems in the evaluation of labor capacity
○ Normative review of constitutional and labor laws
Ⅲ. Expected Effects
▶ Attention is drawn to the extent to which the 2nd National Basic Living Security Plan and the Job Seekers Employment Promotion Act will be implemented
○ Recently, the government established the 2nd National Basic Living Security Plan (2021~2023). The plan substantially abolishes the requirement for the Obligatory provider by 2020 for livelihood benefits. Regarding medical benefits, it eased the law to avoid applying to elderly people who are receiving basic pensions.
○ The Ministry of Employment and Labor is implementing the National Employment Support System to solve all three tasks: supplementing the employment success package project, eliminating the blind spots of unemployment insurance, and overcoming the limitations of self-support benefits under the Basic Living Security Act. The National Employment Support System was legislated and the “Act on Employment Promotion and Life Stability Support for Job Seekers” was enacted (abbreviation: Job Seekers Employment Promotion Act). The law provides employment support services and allowances to promote job searching to help recipients in their job seeking activities.