사회보장소송의 특수성과 사회보장법원의 필요성

초록

Social Security litigation refers to a judicial process to establish, preserve and realize legal relationships on social security benefits in public law. Social security suits can be divided into social insurance-related lawsuits, social compensation-related lawsuits, public aid-related lawsuits and social welfare-related lawsuits. Public aid-related cases and social welfare-related cases are difficult to find, although this is the result of limited research due to the lack of official statistics on social security suits. Social security cases are special in many ways. The parties of a social security case require special procedural legal protection. In social security cases, urgent temporary measures must be taken. Social Security cases and administrative cases also differ in the purpose and subject of litigations. It is difficult to fully guarantee the right to social security in administrative litigation. The parties shall go beyond the barriers of the costs of lawsuit and legal aid for the costs. The urgent temporary measures are not allowed. The administrative litigation procedure is not only dominated by the adversarial system, but the party must wait for the administrative office to take a new measure, even if he or she wins the case. If so, social security procedure should apply to social security cases. The party should be able to receive legal assistance by lawyers or social security experts without worrying about the costs of litigation. In the procedure on social security cases, a party that faces the threat of survival may be subject to a urgent temporary measure to preserve his or her rights. The court may also issue a ruling ordering the administration office to carry out its duty based on the principle of court's trial by authority detection. Therefore, the independent institution that manages the procedure on social security cases should be the social security court as a special court.

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