兒童虐待に關する判例硏究

( Katagiri Yuki ) 아세아여성법학회 2002 아세아여성법학 Vol.5 No.-

In recent years, the increase of child abuse has been featured in the mass media. This is one of hot issue in the field of Social Security Law. Most of child abuse are done by the person with parental authority. Against such a situation, we have some legislations in Japan. Child Welfare Law plays the most important role, and when the case is so serious, the Penal Code can be applied. For dealing with the increase of child abuse, the Law concerning the Prevention of Child Abuse on May 2000. Our actual condition of Child Abuse is as follows. There were l7, 725 consultations(2000) to the child guidance center. The breakdown is physical abuse (49.7%), neglect (36.5) %, sexual abuse(3.7%) and emotional abuse(l0.l%) in 2000. These are done by mother (6L6%), farter (23.7%), stepmother and stepfather followed them. In the case of child abuse, it is desirable to separate the child and their parent. The child Welfare Law provides the some institutions for child who was separated from their parent (§ 27(1)-3). Then the consent from the parent is indispensable far sending the child to the institutions. Bar without this consent, they can send the child there after getting the approval from Family Court(Child Welfare Law § 28). There were 142 applications for the approval in 2000 and 10 1 of them were accepted, When the Child abuse is very serious, the director of child guidance center can ask the loss sentence parental authority for Family Court( § 33-6). In the case for asking the approval on the Child Welfare Law § 28, there are some regal issue. At first, it is whether Family Court can give the comprehensive approval or nor. Concerning this problem, some gave the comprehensive approval, but in most of cases, Family Court expressed the concrete referral. The judgement of the Court of Appeal in fukuoka 1989/4/28 is the leading case in this point. It is not a final solution to separate the .child from their parent. We can say it is the act of necessity. The ultimate goal is reproduction of family. For this purpose, Child Welfare Law § 27(1)-2 provides that the child welfare officer give instruction to the child and parent. Through this article, We can hope they learn how to make a good relationship between them. In addition, the Law concerning the Prevention of Child Abuse provides the heating from the child welfare officer as an important marter of referral rescission. In the cases, we can see some judge expects such an instruction by the child guidance center. Lastly 1 would like to dose this paper by pointing out this. It is that on solving the child abuse, we may not make use of the judiciary proceedings. As stated above, although the number of consultation on child abuse is about 18.000, the application to Family Coon is only 142. We can say this is the reason why most of them are solved at the level of child guidance center. Bur we can also indicate some child guidance center hesitate to apply to Family Court and some Family Court show a negative attitude toward the accept of such an application. Considering the important role of the law playing on relief of child abuse, we should actively use the judiciary proceedings in future.

社會保障行政における敎示義務 -判例硏究を中心として-

( Yuki Katagiri ) 아세아여성법학회 2010 아세아여성법학 Vol.13 No.-

Social Security System is working as a safety net supporting our life. This system gives both livelihood and social participation to especially the elderly and the disabled, so it is big interest for them to get what kind of benefits, how to do. Firstly, it is necessary to know, next, to do action. For them, they have to get information, arrange and select them. And it is sometimes hard for us as well as the elderly and disabled to understand the System. So, all of us need the support from public servant at their offices. If we have no advice and /or suggestion from them, we may have a risk which we cannot receive social security benefits For the reason the residents cannot get advide and information from public servant, recently residents come to bring a court case againg them. The point of cases is that not to give advice and information is illegal or not, and if illegal, what is standard for judge. Through some cases, we can find standard for judge: importance of advice, information disparity between residents and public servant, impact on making a decision, the capacity and effort of resident and the level of Social Security System-spread. There are many cases and resarch about advice and information in the other fields, financial trade, medical office where require informed consents and so on. The study just has begun in the field of social security. We can say the standard is mostly common in all of fields. We have to look for legal remedy for the residents who couldnot receive the benefits without advice.

日韓兒童虐待法制(일한아동학대법제)의 比較(비교)

( Yuki Katagiri ) 아세아여성법학회 2003 아세아여성법학 Vol.6 No.-

The United Nations adopted the Convention on the Right of the Child in 1989 on the assumption that the child has an independent character. We ratified it iol994 and they did it in 1991 in Korea. With this ratification, we have recognized the assault and neglect to their own child is not discipline at home but child abuse in Japan and Korea. The more we understand about the child abuse, the more the reports on it to me authority and police. For dealing with this matter, both countries have prepare a new legal system in 2000. To be concrete, Japanese government enacted ``Child Abuse Prevention Act`` and there was also a complete revision of ``Child Welfare Law`` in Korea. We have so many similarity in our systems that we are facing the same problem in this field. Under our legal system, we can separate the child from their parents for the reason of child abuse. When the authority send the child to some institution for the child, it is necessary to get the consent of their parents. Without the consent but their parents maltreat their child cruelly, the authority can send the battered child to an institution by having the approval of a family court. In addition, we put the person engaged in a specific occupation under an obligation to report the face of abuse, they are teacher, doctor, police and so on. But this obligation is nor legal duty. Even if they find a battered child but not report this fact, we can not punish them. As the final means to rescue a battered child, there is the Joss declaration of parental authority. We have not used this function much because this gives the child a serious impact their future. It is the biggest problem whether we can restrict the parental authority and if can, to what extent we can in case of that the battered child is sheltered in the institution. There is no provision for such a problem in both Japan and Korea. It is desirable to make a legislation and set forth guidelines for resolving the matter. We have firmly had one legal culture, ``the law does not enter the home`` for long time. Owing to this culture, legal system for the child abuse has not been functioned completely yet. However, now, we are required to change the way of thinking, ``the law enters the home`` occasionally. Because the dispute between a married couple, parents/child and family has increased in our time. Without an intervention of law, it is difficult to keep our family peaceful. All of us have to understand the time has changed and our society needs a new consideration for child welfare.

社會保障制度における不正受給 -生活保護を中心に-

( Katagiri Yuki ) 아세아여성법학회 2013 아세아여성법학 Vol.16 No.-

The Social Security fund was made of our tax and premium. So, the nature is very public and we are forbidden to receive social security benefit on the base of wrong ways. Public assistant system is funded by 100% tax and there is strict means test before getting the assistance. In this system, trouble on wrong way is sometimes caused by gap of understanding it between the government and recipient. The government prohibit recipient has a car in general. When authority finds out recipient has a car, it give recipient legal sanction, that`s suspension or cancel of public assistance. In the case, the law requires the authority should observe Due Process. It means that when authority gives a sanction, at first the sanction has to be the mildest one. In Social Security system, legal sanction must be taken carefully, keep Due Process and have a regard for recipients.

公的年金制度之女性-中立、公正な制度設計に向けて-

편동유희 ( Yuki Katagiri ) 아세아여성법학회 2015 아세아여성법학 Vol.18 No.-

Japanese public pension is called two layers structure, Basic pension is at the first layer, and Employees` pension is at the second layer. And we, every people of working-age population shall be an insured person of National pension and receive a Basic Pension. Additionally, private and public employees shall join Employees` pension and receive pension, which are supplemental to the National Pension, In National Pension, insured person is classified into three categories. Category-1 insured persons are self-employed persons, farmer, students over 20 years old and so on. Category-2 is Employees of private and public sector. And Category-3 is Spouses of Category-2, 99% of them are wives. So, today, in my presentation, Category-3 means wife. Category-1 pays a fixed amount insurance and Category-2 pays proportional to their salary. But Category -3 is not required to pay insurance if she is maintained by her husbands. The condition of maintenance is whether her income is over one million three hundred thousand yen. On the other hand, wives of Category-1 have to pay her insurance, so, they have much complaint against such situation. Why we made Category-3 insured person? Before 1985, we have no Category-3 system. Then housewives could make a choice to join or not National pension. In 1985, 70% of wives joined pension system voluntarily. If she did not join pension system, husband could get additional pension added his own pension By 1985, Category-3 had started. Because then it was pointed as a social problem the old women were faced with poor, especially in case that they had divorced in old. When old couple divorced, husband lost only his additional pension, on the other hand, wife had no pension. Therefore it was needed housewives have right to get pension by her own name. And housewife had no or few income. As you know, it is Social insurance principle that, ‘no income, no contribution`. As a result, Category-3, wives, were given to status, no contribution, but benefit. Somebody talk as the background to introduce Category-3 as follows; that is, at first, thanks to house-wives, Japanese male could work very hard. Without housewives, they could not work outside and if male workers could not work hard, Japanese economy would be recession. It is said Category-3 is a kind of reward to wives. This is very unique in the world. In western society and Korean, and maybe Taiwan, for housewives, to join National Pension or not is their choice. If they don`t join National Pension, they don`t receive pension benefit. As I mentioned, Category-3 escape to pay insurance as far as their income is not over one million three hundred thousand. This is also distinctive pension policy with other country. In Europe and USA, when they get salary, they have to pay contribution in principle. Now, most housewives are working as part timer in Japan. Then, they control their income under bar so that they don`t pay insurance. This attitude helps to employer and company because they also escape their social insurance burden. As you know, all employers want to reduce personal cost. Social Insurance Contribution is one of the biggest personal costs. At a glance, as escaping to pay insurance, it seems to be good for wives. But in a long run, it may be disadvantage for them. Even though getting salary, to keep status of Category-3 means that they are not entitled to Category-2. In another word, housewives who work as part-timers cannot get second layer pension. Therefore Category-3 is criticized to keep female working condition low level and prevent to receive the second layer pension benefit. Lastly, I would like to tell the fairness and neutrality of public pension. Category-3 has been causing social conflict from beginning, especially between women. In this case, key word is fairness and neutrality in public pension. At first, as mentioned before, wives of category-1 claims to unfairness because they are category-1 and have to pay insurance, but category-3`s wife does not. They says it is unfair. On the other hand, full time working woman, category-2 Insured Person, also complains it`s unfair housewives don`t pay insurance thought they get income. Especially in the case that Category-2 women receive salary at the similar level of Category -3`s income. In addition, single mother complains strongly against Category-3 system. Because even though their salary is under one million three hundred thousand yen, they have to pay insurance because they have no husband. In Japan, we have discussed for a long time about Category-3 issue in parliament, public agency and women`s organization. But there has been no change still now. Social security system including pension system must be fair and neutral, if not, the system would lose the confidence. Needless to say, Category-3 helps housewife to get pension by her own name. But which is more important, this merit for housewives or value of the fairness and neutrality in? I think the value is more important and there is some ways to consider for female caring family, children and the older. We should ensure fairness and confidence in Social Security system.

주택보장제도의 현대적 과제

片桐由喜 ( Katagiri Yuki ) 아세아여성법학회 2021 아세아여성법학 Vol.24 No.-

Housing is the base of human life. Nevertheless, we highly depend on private sector, that is the companies or families, for the housing. Because the public responsibility, which means Governmental responsibility, for housing is not sufficient. By the way, as of 2021, many workers are suffering from reduced income or unemployment due to restraining the economic activities forced to prevent infection with the COVID-19. Now, due to reduced income or unemployment, some have lost or are at risk of losing their homes but have not received sufficient housing benefit from public sector. And by (thanks to) COVID-19, we noticed the weakness of public housing benefit in Japan. In the future, it will be necessary to strengthen public involvement in housing supply and develop a universal housing benefit.

공적연금제도의 공정한 부담 ―새로운 노동스타일에 대한 대응―

片桐由喜 ( Katagiri Yuki ) 아세아여성법학회 2017 아세아여성법학 Vol.20 No.-

The Japanese public pension system makes up for a drop of the ability for family support now. Therefore the system take a very important role as the income security for, especially, the old age. Person insured qualification varies according to an occupation; Self-employed workers, employees, and their dependents. In addition, the insured qualification also depend on regular employees or non-regular employees, married or unmarried, and annual income. Against such a system, the criticism that this is an unfair design as the public system exists for a long time. By the way, recently, not for living, a new style of working for social contribution and/or exerting the best of their abilities has appeared, that is activity at the organization, Workers’ Collective. This organization doesn’t seek to make a profit. They aim to provide vulnerable groups, the aged, children and disabled, in their community with service by the price lower than market price. For example, the kind of services is a baby-sitter, food delivery and so on. Now the government wants the directors of Workers’ Collective to pay the pension premiums on the reason that they get the reward for working at the organizations. But the directors of Workers’ Collective assert that they are not employees in general, but are the same as the dependents of employees. These features are unique to Public Pension System in Japan. In other words, people can choice more profitable qualification for them. Such a situation cause to feel lack of impartial and neutral. In this paper, I will overview the outline of Japanese Public Pension System and look at way what the System should be.

생활보호제도와 사적부양제도의 합리적 조정

片桐由喜(Katagiri, Yuki) 한국사회보장법학회 2013 사회보장법학 Vol.2 No.2

복지국가를 지향하는 하는 많은 나라들은 국민에게 건강하고 문화적인 최저한도의 생활을 보장하는 책임을 지며, 그 목적을 위해 사회보장입법을 하고, 제도를 정비·발전시킨다. 한편, 복지국가의 기본이념으로서는 국민 자신의 생활이 어려울 때 스스로 해결할 수 없다면 사회보장제도에 의지하기 전에 가족, 즉 사적인 부양으로 생계를 유지해야 한다. 그러나 가족기능이 저하되고, 가족 간의 부양의식도 이전과 비교하였을 때 크게 변화한 시점에서는 사적부양이 공적인 부양에 우선적으로 적용될 수 있는 시스템을 기반으로 한 제도의 설계 역시 검토되어야 한다. 이러한 재검토에 있어서는 생존권을 규정한 헌법 25조뿐만 아니라 개인의 존엄을 보장하는 헌법 13조 역시 고려하면서 사적부양과 공적부양의 관계를 생각할 필요가 있다. The Welfare states in modern society have liability for their nation to give the minimum standard of living based on law. To carry out this task, the states have made and developed social security laws. On the other hand, as the philosophy of welfare states, there are idea of self-help or self-responsibility, therefore we are, of course, required to manage our life by our efforts. It means that when we are in want but cannot maintain our life by ourselves, we have to make use of family support before depending on national social security system. However, it need to rethink such an idea because family has less power to help each other than before. In addition, the sense of support among family has also widely changed now. Rethinking the priority between public assistance and family support, it is very important to put into view not only §25 of Japanese Constitution, that article refers the right of life, but also §13, which declares the nation shall be respected as individuals.

일본 진료수가 결정 체계 분석을 통한 한국에의 정책적 시사점: 국민의료비 억제 기전 중심

김정덕 ( Jung Duck Kim ),강민진 ( Min Jin Kang ),김도훈 ( Do Hoon Kim ),최영순 ( Yong Soon Choi ),편동유희 ( Yuki Katagiri ) 한국사회보장학회 2015 사회보장연구 Vol.31 No.2

Health Insurance Financing(HIF) of Korea is supposed to be unsubstantiality. Because revenue factors of HIF have been decreasing due to low fertility, whereas expenditure factors of HIF have been increasing due to aging & chronic disease. But as we had experienced controversial issue related to ‘tax increase’ at the second half of 2014, there is no alternative to financing for health insurance by raising health insurance premium. Therefore, in a given situation, the HIF spending structure reforms would be a contributory initiative. Among the aging & chronic disease - developed countries, Japan’s HIF indicators relatively had better performances than Korea through managing fee schedule revision system as a tool for health expenditure controlling mechanism. According to such a result, Korea and Japan are similar to revenue factors of HIF, Korea and Japan are different in expenditure factors of HIF. The implications for Korea through analyzing Japan’s medical fee schedule revision system as follows. First, Korea must review to introduce the strategy for driving macro-economic efficiency. Second, Korea must review to introduce the strategy for driving micro-economic efficiency.