북한의 노동복지법제 비교분석: 로동법과 외국인투자기업로동법을 중심으로

Abstract

The purpose of this study is to trace the dynamics of labor welfare legislation in North Korea by compare and analyze the two legislations, 「the labor regulations」 and 「the labor regulations for foreign investment enterprises」 of North Korea. The objects for the analysis on the paper are the provisions for the labor welfare of 「the labor regulations」 and 「the labor regulations for foreign investment enterprises」, which were established in 1978 and 2009 in North Korea respectively. This study analyzed both laws through qualitative content analysis, a method commonly used in analysis of law system. The result of the analysis is as follows. Firstly, the two legislations have a considerable difference in the legal identity and the legal status. Secondly, in the labor welfare, 「the labor regulations」 have a comparatively far-reaching content and plenty of quantity while 「the labor regulations for foreign investment enterprises」 have much more specific content and a little quantity. Thirdly, in social welfare, both of the regulations, 「the labor regulations for foreign investment enterprises」, remarked it in line with the legal status. Conclusionally, the labor institutions of North Korea are ‘dualized’ in their system and mode apart from the ripple effect or the substantive outcome of the two legislations. That is, the labor in North Korea contrived a systematic differentiation depending upon the inner and outer circumstances North Korea confronted. Hence, as of 2018, the dualized· multiplized labor policy in North Korea has been enforced for 10 years, there is much attention towards the workfare and social security over the labor spot of North Korea.