미국 사회보장행정의 재량통제 논의와 행정결정모델

초록

The Social Security Administration is actively exercise its discretion to request, and there are many discussions about the discretionary control. Because it must meet the needs of the recipient, because it must be guaranteed for the individual characteristics. In this paper, I examine the Welfare right movement U.S. that is discussed in 1960s-1970s U.S. and discretion control of social security administration according to it and social security administrative decision model theories appeared to reflect about it. I examine What is the difference between the existing judicial structure that US public law premise and these model theories. As for discretionary control of the Social Security Administration, Charles A. Reich's discretion control theory that based on welfare right theory and Kennth C. Davis's discretion structured theory are opposed to each other and the former is adopted through Court law interpretation, discretionary control theory has been the dominant opinion. According to this change, Formalization introduced in the United States Social Security Administration which brought the de-specialization and bureaucratization, the loss of flexibility of welfare programs, impairment of the administrative organization. In these situational background social security administrative decision making model theories appear, those's each feature is as follows. First, J.L. Mashaw's Bureaucratic rationality model insists on the relevance of systematic decision structure. Therefore emphasizes the effectiveness of the hierarchical discretion control. Second, W. H. Simon's Profession model insist on organizations to realize the law is worker group with professional. Here it was aimed at ‘self-binding controls in accordance with professional standards.’ Third, in J. F. Handler's Cooperative decision making model, emphasized social autonomy based on persuasion and consent in addition personal autonomy and self-determination that is intrinsic value of liberalism. All three models appeared as a critique of applying traditional legal principles of Rule of law or Due Process on the Social Security Administration. I don't know which of these models is right or appropriate! But through a review of the model theories, understand significance and limitations of liberal norms inherent in the Rule of law and Due process apply to the Social Security Administration.

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