Rep. Seo Mi-hwa said, “We will provide relief to young people suffering from generational separation by revising the law within the year.” [이상한 나라의 세대분리법⑧]

“We will consider revising the Basic Livelihood Security Act by the end of the year.”

Seo Mi-hwa, a member of the Democratic Party of Korea, said this in an interview with Cookie News held at the National Assembly Hall on the 30th of last month.

The current National Basic Livelihood Security Act (hereinafter referred to as the Generation Separation Act) stipulates that ‘unmarried children under the age of 30’ are considered to be from the same household as their parents, even if they live in different places than their parents. Accordingly, regardless of whether they actually receive support from their parents, young people in their 20s are tied to their parents’ income and are excluded from various youth welfare policies such as living allowances, LH rental housing, the National Employment Support System, and youth rental loans.

Rep. Seo pointed out problems with the law four years ago. Rep. Seo, who was the first visually impaired person to serve as a non-standing member of the National Human Rights Commission, recommended to the Ministry of Health and Welfare in 2020, “Improve the National Basic Livelihood Security System to guarantee young people in their 20s as individual households,” through a decision by the Human Rights Commission.

He said, “Under civil law, the moment you become an adult, you are recognized as an independent entity, but I thought it was difficult to find a clear basis for the 30-year-old standard.” He added, “The problem is that low-income young people in their 20s are not selected as beneficiaries or the amount of support is small, putting them in the blind spot of welfare. “I put the name up because it is happening,” he explained.

In particular, the generation separation law is pushing disabled young people in their 20s out of the social safety net. This is because the Generation Separation Act guarantees only ‘disabled persons with severe disabilities’ to be separate households in accordance with Article 2 of the ‘Enforcement Rules of the Welfare of Persons with Disabilities Act’. There is a gap in support for people with mild disabilities under the age of 30.

Rep. Seo also experienced blind spots in the law. This is while helping Mr. A, a person in his 20s with mild developmental disabilities, separate generations. Mr. A, who lives with his severely visually impaired father, failed to become independent due to the age criteria for generation separation. The discord between father and daughter over this issue deepened. Eventually, a physical conflict occurred. Generation separation is possible if you prove ‘family relationship severance’, but because there is no clear evidence, the district office notifies that generation separation is not possible.

He said, “I felt devastated at the time. “Isn’t it only when it is acknowledged that the father and daughter committed violence against each other that they can become independent?” he said. “I felt that I had to take action to solve the problem myself, and I strongly raised the issue with the local government.” “Several police reports were made to prove the severance of family relations, and ultimately success was achieved in separating the generations,” he said.

Rep. Seo plans to revise the law to prevent such welfare blind spots from occurring again. He pointed out, “Currently, the only way to separate from one’s parents before the age of 30 is to get married,” and added, “I think the actual need for support should be considered first, regardless of marital status or age.”

He continued, “We will improve the situation in which the system is unable to keep up with the changing lives and needs of citizens,” and added, “We will communicate with citizens and actively engage in legislative activities to bring about substantive changes in the basic livelihood security system.”

The following is a Q&A with Democratic Party lawmaker Seo Mi-hwa.

―In 2020, when you were a member of the Human Rights Commission, your name was included in the recommendation for improvement that young people in their 20s should be recognized as individual households. What is the background and reason for the recommendation?

“The current National Basic Livelihood Security Act has clear limitations in ensuring that young people in their 20s are independent individuals, so we expressed the opinion that a recommendation at the level of the Human Rights Commission is necessary in 2020. This is because young people in their 20s are not recognized as individual households, making it difficult to secure the right to receive benefits. In particular, there was a problem of people with disabilities being pushed out of the social safety net. Even though severely disabled people in their 20s live in poverty, it is difficult for them to receive sufficient support because they are tied to one household with their parents. “In principle, I thought it was necessary to recognize young people in their 20s who are unmarried children as separate households.”

―In response to the Human Rights Commission’s recommendation, the Ministry of Health and Welfare announced that it would consider expanding the scope of separate household coverage for young people in their 20s or introducing the ‘Youth Housing Benefit Separate Payment Model’ into living benefits. However, even after four years, there has been no significant improvement.

“It’s disappointing that there is still no significant improvement. Although the Human Rights Commission was established as an independent national organization, its recommendations are not binding. Article 10 of the Constitution states that all citizens have human dignity and value, and the state has a duty to guarantee this. “From the perspective of human rights and protecting human dignity, there is a need to improve the system so that the Human Rights Commission’s recommendations can lead to practical government policies.”

―Recently, the age of first marriage has increased, the time of entry into the labor market has become delayed, and it has become difficult for young people in their 20s to receive security as an individual household. Some point out that the basic livelihood security system enacted in 1999 does not reflect the lives of young people today.

“According to the current National Basic Livelihood Security Act, the only way for people under the age of 30 to separate generations from their parents is to get married. I believe that regardless of marital status or age, the actual need for support should be considered first. “As a member of the National Assembly, as a member of the legislature, I will communicate with citizens and actively engage in legislative activities to bring about substantive changes in the livelihood security system in response to the situation in which the system is unable to keep up with the changing lives and needs of citizens.”

―The Constitution states that citizens have the right to receive social security and that the state has the obligation to provide social security. However, just as the Basic Livelihood Act does not consider young people in their 30s as individual households, creating a policy blind spot, criticism is being raised that the current social security system is not properly guaranteeing the rights of the people.

“Tragic incidents such as the death of a mother and daughter in Suwon, the death of a mother and child in Bangbae-dong, and the repeated disasters of a family of people with developmental disabilities are incidents that occurred in the blind spots of the welfare system. Efforts are needed to minimize gaps in welfare support.

In particular, the form and support function of the family have changed significantly from the past. We need welfare services for individuals rather than households. In addition to the basic livelihood security system, all citizens, including the disabled, the elderly, youth, women, and children, must be able to have their rights guaranteed through individual services. As a National Assembly member of the Health and Welfare Committee, I will continue to think about the issue of blind spots in welfare. “We will also communicate with the Ministry of Health and Welfare and strive to bring about real changes in the lives of the people.”

―What direction do you think the government’s welfare policy should take in the future?

“Currently, many welfare systems determine support based on criteria such as income and assets. However, these standards often fail to take into account the diverse situations of people experiencing difficulties in real life. In addition, the process of applying for services is complicated and difficult, leading to cases where people cannot access information or cannot receive appropriate help when they need it.

Lack of connection between relevant ministries and insufficient information sharing are also problems. We need to flexibly adjust the standards of the welfare system, increase information accessibility, and strengthen the cooperation system between ministries. “I think there is a need for the government to establish a system in which welfare recipients are first identified and supported.”

―What legislative activities have you primarily pursued since entering the National Assembly? Also, what are your plans for future legislative activities?

“After entering the 22nd National Assembly, the first proposal was the ‘Act on Promoting Convenience of Transportation for the Disadvantaged.’ As a person with disabilities and a disabled rights activist, I am working to guarantee the rights of the disabled by proposing amendments to the Disabled Pension Act, the Disabled Welfare Act, and the Disability Discrimination Act.

In addition, he is working to normalize the Human Rights Committee by utilizing his experience as a member of the Human Rights Committee. A bill was proposed to make public Human Rights Committee meetings, the Candidate Recommendation Committee, and the inclusion of persons with disabilities as human rights members. In order to provide relief for the rights of victims of human rights violations, the Act to Expand Victim Protection was also proposed, which aims to expand the statute of limitations for complaints and punish disadvantageous measures.

“We will continue to do our best to prepare legislation to create a society where socially disadvantaged people, including the disabled, can live as citizens.”