북한 사회보장법 법적 분석: 기존 사회복지 관련 법령과의 비교를 중심으로

Abstract

The purpose of this study is to compare North Korean 「Social Security Act」 with the existing laws and regulations and to analyze its characteristics. Firstly, this study investigate the identity of the act through its meaning, position, role, function and limitation etc. Secondly, this study tried comparative analysis of the act with existing legislations in terms of eligible type of benefits, financial burden, delivery system and management operation. Finally, based on that, this study examine the legal implications of the act through its evaluation, sustainability, and change. According to the main results of this study, the significance and evaluation of the 「Social Security Act」 is as follows. Firstly, the act has a greater significance as the first legislation which North Korean government mention about social security in North Korea. Secondly, the act shows an implication of social security work at the national level and also shows a framework for social security of North Korea. Thirdly, the act contributes to establish a legal system as the statute in between 「Constitution」 and 「Social Insurance」. Fourthly, because of the statute it can be a representative law indicating rights for the targeting people of North Korea. Fifthly, in spite of that, it exists some parts to be bumped into the existing laws in terms of its contents of the act. Sixthly, the regulations of the act tends to be modernized compared to the existing legislations. Seventhly, however, there are still some deficient parts in the act. Eightly, there is no distinct correlation between the act and 「Children’s Rights Act」 and 「Women’s Rights Act」 in terms of the contents.