북한의 경제특구 복지법제 비교분석 - 라선경제무역지대 외국투자기업로동규정과 경제개발구 로동규정을 중심으로 -

Abstract

The objective of this study is to compare and analyze ‘the labor regulations for foreign investment enterprises in Rasun Special Economic Trade Zone’ and ‘the labor regulations in Economic Development Zone’ and trace the dynamics of welfare legislation for the Special Economic Zone in North Korea. The object of this research for comparative analysis was ‘the labor regulations for foreign investment enterprises in Rasun Special Economic Trade Zone’ and ‘the labor regulations in Economic Development Zone’ which were established respectively in 2013 by North Korea. This study spotted the common features and the different ones between the two legislation through the process. The research methodology of this treatise was the qualitative content analysis, which is commonly used for the analysis of the legal system, centering on the relevant regulations of the labor and the welfare, by utilizing the above two regulations for the literature research. the analysis of this study was concentrated on ①labor income ②labor welfare ③social security by using the two regulations. The outcome of the analysis was that the durability was commonly represented through the common articles and content in all the three parts, which was not a few. Especially, the definitions of the detailed law provisions and described contents of the regulations considerably resembled each other, which demonstrates that the labor regulations for foreign investment enterprises in Rasun Special Economic Trade Zone parroted the detailed articles of the labor regulations in Economic Development Zone which had been previously established. And the causes were as follows: ①there were the inherent traits of the two labor regulations and the short legislating gap in time between them ②the two regulations were both the most modernized ones of that time in North Korea based on the establishing period ③accordingly, North Korea didn't feel the necessity for extra modifications on the regulations. The writer can't identify the distinct differences just between the two labor regulations. This means that the labor regulations for foreign investment enterprises in Rasun Special Economic Trade Zone, which was set up later, recited the labor regulations in Economic Development Zone which had been established beforehand. In conclusion, the two labor regulations have common features in detailed law provisions considerably, while definitely different ones are not to be found a lot. However, minute differences exist. For instance, specific time on the extended or night-time work, which fall under the labor income, was not stipulated in the 「the labor regulations for foreign investment enterprises in Rasun Special Economic Trade Zone」 which North Korea set up later. In the case of labor welfare, the worker's duty of good faith was added, extending employee hours was restricted to three hours per day, and there was no content on the period of maternity leave. In effect, the rest contents of the two labor regulations are almost the same saving for these. Especially, in the case of social welfare, there are no distinct differences and exists numerous common points only.