國際社會保障法의 理念에 대한 小考 = A Study on the Ideas of the International Social Security Law

다국어 초록 (Multilingual Abstract)

The International Lobor Organization(ILO) has contributed to the establishment and enfocement of the international social security law by adopting many agreements and recommendations on the social security. The recommendations on the Philadelphia declaration, concerning the income security and medical case, were the basic ideas of the international social security law. In addition to that, the social security agreement established in 1952 has been used as a minimum criterion for the ratifications that can be made by many countries including developing countries.
The idea that workers have rights on the social security is to be found in the development of the human rightrs reflected on the declaration of the world human rights in 1948 and the 「 international agreements on the economic, social and cultural rights 」in 1966. The deelaration of world human rights secures the freedom rights and also the social rights which include the rights on the social security. The Philadelphia declaration, which is a basic idea of the ILO, was originated from the development of the social rights as social and economic sides of the human rights. Basically, the social security is based on the ideas of the social thought and social justice.
Of the social security right, the Philadelphia declaration suggests that labor is not a product; hence, workers have freedom for expression and orgnaization. Also it suggests that the policies to achieve the above ideas should be sought in the rights for the freedom and respect, and the rights to the well being under the economis security and equal opportunity.
The people's right of the social security is the positive one, " freedom from starvation," and to a nation, it is one of the obligations which should be secured by the combinations of the individual right and social right. In short, the idea of the social security law is originated from the basic right such as social right.

목차 (Table of Contents)

• 一. 序 論
• 二. 人權과 社會保障
• 三. 社會保障權의 性質
• 四. 社會保障의 國際法化
• 五. 結 論