국가인권위원회의 사회복지적 의의와 과제

The Social Welfare Significance and Task of the National Human Rights Commission

This paper shows that the National Human Rights Commission of Korea(hereinafter "the Commission") is not another national institution, but the historic crystallization of the endeavor and exertion at the national and international level. The Commission is to illuminate the "dead zone of human rights", to take preventive measures against human rights violation and to investigate and provide remedies for human rights violations. Moreover, the Commission carries out its function as an advocate for human rights by providing quasi-judicial social welfare services for the socially disadvantaged people such as the disabled, children, elderly people, sexual minorities and the homeless. Article 34 of the Constitution of the Republic of Korea prescribes the right to a life worthy of human being and that the State is obliged to provide education, work, housing, environment, health, social security and welfare and to make social policy to ensure them. Since the 'IMF crisis', however, new structural social injustice incurred by the globalization has made instability of employment, increase of the unemployment rate and a sudden increase of the homeless, mental disorder, substance abuse and etc, yet the government has failed to make social welfare policy to address discrimination and the violation of human rights of the vulnerable. This paper is to examine the obligation of the government to implement social welfare policy in practical manner, not in abstract, by analyzing the petitions before the Commission and its functions and roles. In addition, it discusses the significance of social welfare and the method of intervention.