{"created":"2024-02-18T06:49:39.083239+00:00","id":2000106,"links":{},"metadata":{"_buckets":{"deposit":"533187e7-935d-4f8a-91da-e071a79b30e1"},"_deposit":{"created_by":10,"id":"2000106","owners":[10],"pid":{"revision_id":0,"type":"depid","value":"2000106"},"status":"published"},"_oai":{"id":"oai:shiga-u.repo.nii.ac.jp:02000106","sets":["491:492:1704275448296"]},"author_link":[],"control_number":"2000106","item_2_biblio_info_8":{"attribute_name":"書誌情報","attribute_value_mlt":[{"bibliographicIssueDates":{"bibliographicIssueDate":"2023-07-31","bibliographicIssueDateType":"Issued"},"bibliographicIssueNumber":"第436号","bibliographicNumberOfPages":"14","bibliographicPageEnd":"49","bibliographicPageStart":"36","bibliographic_titles":[{"bibliographic_title":"彦根論叢","bibliographic_titleLang":"ja"},{"bibliographic_title":"The Hikone Ronso","bibliographic_titleLang":"en"}]}]},"item_2_description_5":{"attribute_name":"抄録","attribute_value_mlt":[{"subitem_description":"This article discusses the October 3, 2022 Kumamoto District Court Judgment concerning  the case in which a person who had been receiving public assistance (medical assistance) under the Public Assistance Law sought revocation of the disposition to discontinue such assistance.\nThe public assistance recipient in question lived with his wife and grandchild. His granddaughter was entering a nursing school, and the disposition was made not to include her in the household protected by the Public Assistance Law. She completed the two-year program and was certified as an assistant nurse and went on to the three-year program to become a registered nurse. In between their studies, the nursing school students worked at the affiliated hospital. In her third year of attending this professional school, the public assistance for her grandparents' household was discontinued because her income was too high relative to the standards for households receiving public assistance.\nAlthough the court was aware of the discretionary power of the appropriation administrative agency, it found an abuse of discretion in the termination of household separation, stating as follows: \"Article 10 of the Public Assistance Law and Notice No. 1-5(3) of the Director- General of the Social Affairs Bureau of the Ministry of Health and Welfare permit the separation of household members who have entered a special training college, etc. from the protected household as an exception to the principle of household units. The purpose of this separation is to reduce the financial burden on household members who have entered a special training college, etc., by separating them from the protected household and deeming them to constitute a separate household, so that they can continue to live with the protected household and complete the course of study at the special training college, and to ensure that they have sufficient operational capacity while at the special training college. The aim is to promote the future self-sufficiency of the household members who have entered a special training school and of the separated households by enabling them to acquire sufficient working capacity during their enrollment at the school.\"\nIn light of the duty of support between relatives under the Civil Code, a grandchild who is a student is not obliged to maintain her grandparents' lifestyle even at the cost of the student’s standard of living. At least during the period of study, an excessive burden should not be imposed on a student who is working to pay school tuition and living expenses in order to achieve their own independence. The judgment in this decision is appropriate, and the administrative agency needs to revise its guidance on public assistance to avoid misreading of the contents of the guidance.","subitem_description_language":"en","subitem_description_type":"Abstract"}]},"item_2_description_7":{"attribute_name":"引用","attribute_value_mlt":[{"subitem_description":"彦根論叢, 第436号, pp. 36-49","subitem_description_language":"ja","subitem_description_type":"Other"}]},"item_2_publisher_35":{"attribute_name":"出版者","attribute_value_mlt":[{"subitem_publisher":"滋賀大学 経済学会","subitem_publisher_language":"ja"}]},"item_2_source_id_11":{"attribute_name":"書誌レコードID","attribute_value_mlt":[{"subitem_source_identifier":"AA1208814X","subitem_source_identifier_type":"NCID"}]},"item_2_source_id_9":{"attribute_name":"ISSN","attribute_value_mlt":[{"subitem_source_identifier":"0387-5989","subitem_source_identifier_type":"PISSN"}]},"item_creator":{"attribute_name":"著者","attribute_type":"creator","attribute_value_mlt":[{"creatorAffiliations":[{"affiliationNames":[{"affiliationName":"滋賀大学","affiliationNameLang":"ja"},{"affiliationName":"シガ ダイガク","affiliationNameLang":"ja-Kana"},{"affiliationName":"Shiga University","affiliationNameLang":"en"}]}],"creatorNames":[{"creatorName":"能登, 真規子","creatorNameLang":"ja"},{"creatorName":"ノト, マキコ","creatorNameLang":"ja-Kana"},{"creatorName":"Noto, Makiko","creatorNameLang":"en"}]}]},"item_files":{"attribute_name":"ファイル情報","attribute_type":"file","attribute_value_mlt":[{"accessrole":"open_access","date":[{"dateType":"Available","dateValue":"2024-02-19"}],"displaytype":"detail","filename":"hikoron436_pp.36-49_noto.pdf","filesize":[{"value":"1.6 MB"}],"format":"application/pdf","licensetype":"license_note","mimetype":"application/pdf","url":{"label":"hikoron436_pp.36-49_noto.pdf","objectType":"fulltext","url":"https://shiga-u.repo.nii.ac.jp/record/2000106/files/hikoron436_pp.36-49_noto.pdf"},"version_id":"5cf601d9-b19a-4889-9b06-d9462bffafd0"}]},"item_language":{"attribute_name":"言語","attribute_value_mlt":[{"subitem_language":"jpn"}]},"item_resource_type":{"attribute_name":"資源タイプ","attribute_value_mlt":[{"resourcetype":"departmental bulletin paper","resourceuri":"http://purl.org/coar/resource_type/c_6501"}]},"item_title":"〈判例評釈〉 生活保護法上の「世帯」と学生の扶養義務 : 熊本地判令和4・10・3判タ1506号93頁 令2(行ウ)12号、生活保護廃止処分取消請求事件","item_titles":{"attribute_name":"タイトル","attribute_value_mlt":[{"subitem_title":"〈判例評釈〉 生活保護法上の「世帯」と学生の扶養義務 : 熊本地判令和4・10・3判タ1506号93頁 令2(行ウ)12号、生活保護廃止処分取消請求事件","subitem_title_language":"ja"},{"subitem_title":"ハンレイ ヒョウシャク セイカツ ホゴホウ ジョウ ノ 「 セタイ 」 ト ガクセイ ノ フヨウ ギム : クマモトチハンレイワ 4 ・ 10 ・ 3ハンタ 1506ゴウ 93ページ レイ 2(コウウ)12ゴウ 、 セイカツ ホゴ ハイシ ショブン トリケシ セイキュウ ジケン","subitem_title_language":"ja-Kana"},{"subitem_title":"\"Household\" in the Meaning of the Public Assistance Act and Duty of Support to Family Members Owed by Young Students : Kumamoto District Court, Judgment, 3 October 2022, HANREI TIMES No.1506 p.93","subitem_title_language":"en"}]},"item_type_id":"2","owner":"10","path":["1704275448296"],"pubdate":{"attribute_name":"PubDate","attribute_value":"2024-02-19"},"publish_date":"2024-02-19","publish_status":"0","recid":"2000106","relation_version_is_last":true,"title":["〈判例評釈〉 生活保護法上の「世帯」と学生の扶養義務 : 熊本地判令和4・10・3判タ1506号93頁 令2(行ウ)12号、生活保護廃止処分取消請求事件"],"weko_creator_id":"10","weko_shared_id":-1},"updated":"2024-02-19T02:12:46.173295+00:00"}