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2006 Fiscal Year Final Research Report Summary

Legal Study on Burden for Cost of Social Insurance Benefits

Research Project

Project/Area Number 17530047
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Social law
Research InstitutionKumamoto University

Principal Investigator

YOSHINAGA Yataro  Kumamoto University, Faculty of Law, Professor (20139504)

Project Period (FY) 2005 – 2006
KeywordsPemium / Burden on Enterprise / Burden on Public Sector / Principle of'Give and Take' / Contribution of Insurance Groups / Financial Adjustment / National Responsibility / Social Solidarity
Research Abstract

In Japanese Social Security, Social Insurance system occupies nucleus position. In Japan, Social Insurance is organized by General System (Pension Insurance, Medical Care Insurance and Care Support Insurance) and Special System (Workers Compensation Insurance, Unemployment Insurance). In 1958, National Medical Care Insurance Act was amended greatly, in 1959, National Pension Act was enacted. By these Act, the prototype of Social Insurance in Japan was formed after World War II. The feature of the prototype was that Social Insurance System has separated between Employment Insurance and Non-employment Insurance. But after in 1982, Social Insurance System was changed rapidly. In 1982, Old-Age Health Care Act, in 1985, New-National Pension Act and in 1997, Care Support Insurance Act were enacted. By these Acts, the fence between Employment Insurance and Non-employment Insurance was taken away for older people.
In 20s century, the burden for Benefit Cost of Social Insurance is imposed not only to members of own Social Insurance but also to old-age members of another Social Insurance. Today, it is very difficult for us to understand by legal theory 'give and take'. We have to consider concerning idea of 'Social Solidarity'.

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Published: 2010-02-04  

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