노인복지사무 민간위탁가능성에 관한 법적 문제

A Study on Legal Issues of Entrusting welfare of the aged to the private sector - With reference to the local government’s practical affairs -

The State and local governments shall be responsible for the promotion of the health and welfare of the aged, and shall devise and implement measures for these purposes. The State or a local government may establish and operate a social welfare facility. A senior welfare center is an institution intending to provide various information and services for culture, hobby and social activities, etc. of the aged, and other services necessary for the promotion of health, prevention of diseases, guarantee of income, welfare at home and promotion of welfare for the aged. A social welfare foundation or non-profit corporation may be entrusted with the operation of facilities established by the State or a local government. Entrusting management operation of a senior welfare center to the private sector can be effective and highly specialized. The National Government Organization Act, Regulations on Delegation or Entrustment of Administrative Authority, the Local Government Act, the Social Welfare Service Act and local government’s ordinance are the legal grounds of Entrusting to the private sector. Entrusting to the private sector not only needs legal basis, but also has to obey the legal limit, such as residents’ rights, the public interest, redundancy of tasks and so on.