북한 「년로자보호법」의 의의와 한계 - 타 법령과의 비교를 중심으로

Abstract

The purpose of this study is to compare North Korea's “Elderly Protection Act” with existing laws and regulations and to analyze their characteristics. First, this study investigates the identity of the act, the meaning of the legislation and its characteristics. Moreover, this study conducts a comparative analysis of the act with existing relative laws in terms of eligibility, type of benefits, financial burden, delivery system, and management operation. Finally, based on this, the study examines the legal implications and evaluation of the legislation and its sustainability and change. According to the main results of this study, the significance and evaluation of the act is as follows. First, the act is the first dependent legislation which the North Korean government addresses the elderly for the first time and it has a greater significance as a de facto welfare service law for the elderly. Second, the act shows an implication of elderly protection work at the national level and also shows a framework for elderly welfare services. Third, the act contributes to establishing a legal system of social welfare legislation of North Korea as the statute under the “Constitution” and “Social Security Law.” Fourth, the statute is a representative law indicating rights and social welfare services for vulnerable people of North Korean society, with “Disabilities Act.” Fifth, the act relatively maintains legal consistency with the “Disabilities Act” which was legislated earlier. Sixth, there is no distinct correlation between the act and “Children's Rights Act” and “Women's Rights Act” in terms of the contents.