미국의 보호법(CARES Act)상 긴급재난지원금 등 법제 검토 = Review of laws such as emergency disaster support fund under the US CARES Act

다국어 초록 (Multilingual Abstract)

The government has prepared and paid emergency disaster support funds to the people to overcome the coronavirus crisis. Emergency disaster subsidies have been implemented in the United States faster than other countries and followed by the Korean government and other countries. In the case of the United States, the laws of emergency disaster subsidies have been established and enforced to help citizens get through the coronavirus. In the United States, the CARES Act was enacted by Congress, which regulates various types of remedies to protect people in the pandemic.
The CARES Act stipulates that the government should operate various relief systems such as emergency disaster assistance, loan and its repayment delays for small business owners, citizen health care programs, and student loan repayment delays for those who received it under the Higher Education Act.
All of these assistances are provided by federal finances. The expenditures by the government should be clearly stated in the law to be consistent with the rule of law.
The rule of law purposes to protect the fundamental rights of the people by definitely stipulating important matters related to people’s basic rights in the law. That is why the rule of law is so called practical law, not formal one.
Therefore, emergency disaster subsidies are citizens’ taxes, which are provided by the public's financial resources, so distinctly stipulating them in the law is consistent with the rule of law. In Korea, meanwhile, the emergency disaster support funds are paid through the resolution of the National Assembly since the korean legislation does not have any regulations regarding the emergency disaster support funds. It is necessary that the emergency disaster subsidies should be executed by voluntary decision of the government and plus they should be evidently regulated in the law for the protection of people’s basic rights by preventing budget wast.
This study reviewed the US CARES Act to examine the legislative improvement of emergency disaster assistance funds. The analysis of the emergency disaster fund that the US regulates in the law could help improve the future korean legislation.

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