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학술논문안암법학2015.01 발행KCI 피인용 1

사회보장 관점에서 본 통일 - 통일 이후 사회보장 문제 -

Social Security after Unification of Korea

최규환(고려대학교)

46호, 425~489쪽

초록

Unification of Republic of Korea is constitutional task specified by constitution. To carry out unification of Republic of Korea, territorial, national and governmental solidarity is desperately needed. Completion of unification would end up with setting up one state by making one constitution. Without uniting people, however, reunification would not be accomplished effectively. Reunification have to accompany integration. Social integration is ultimate instrument which finalise unification. Especially social security․social welfare would be the most important driving force for social integration by building up material base for people’s lives after reunification. Social security and social welfare would be the most precious tool to getting over ‘social, economical and material ordeal’ on the way to reunification of republic of Korea. On my thesis, I looked for suggestion helpful for reunification of South and North Korea from the unification experience of Germany. This thesis carefully analyzed the expected social problems on the way to reunification of South and North Korea and carried out comparative study on the North Korea’s social security and social welfare with that of South Korea. Inspired by this research, I divided ‘integration of social security and social welfare’ after reunification of Republic of Korea into three stages. That is ‘urgent-aid period of transition’ as first stage, ‘time-limited separation manage period’ as second stage and lastly ‘integrating and setting period’ as third stage. It should be noted that the gist of ‘time-limited separation manage period’(2nd stage) is ‘no differentiating social security and socal welfare grade’ between the two Koreas. Differentiating the welfare system between the two Koreas would, rather, give rise to infringement on constitutional fundamental rights such as social rights and rights to equality. On the second stage, supporting and assisting North Korea’s people with providing social security finance, insurance and eligibility to receive social welfare benefits have to be a priority. And we have to keep an eye on the trends of europe such as separate independence vote of Scotland and Catalan independence of Spain. Unless we become one unity and one nation with sincere mutual solidarity of every single one of two Koreas, there would be another separation attempt at any time. And that is the thing which we have to be mindful of.

Abstract

Unification of Republic of Korea is constitutional task specified by constitution. To carry out unification of Republic of Korea, territorial, national and governmental solidarity is desperately needed. Completion of unification would end up with setting up one state by making one constitution. Without uniting people, however, reunification would not be accomplished effectively. Reunification have to accompany integration. Social integration is ultimate instrument which finalise unification. Especially social security․social welfare would be the most important driving force for social integration by building up material base for people’s lives after reunification. Social security and social welfare would be the most precious tool to getting over ‘social, economical and material ordeal’ on the way to reunification of republic of Korea. On my thesis, I looked for suggestion helpful for reunification of South and North Korea from the unification experience of Germany. This thesis carefully analyzed the expected social problems on the way to reunification of South and North Korea and carried out comparative study on the North Korea’s social security and social welfare with that of South Korea. Inspired by this research, I divided ‘integration of social security and social welfare’ after reunification of Republic of Korea into three stages. That is ‘urgent-aid period of transition’ as first stage, ‘time-limited separation manage period’ as second stage and lastly ‘integrating and setting period’ as third stage. It should be noted that the gist of ‘time-limited separation manage period’(2nd stage) is ‘no differentiating social security and socal welfare grade’ between the two Koreas. Differentiating the welfare system between the two Koreas would, rather, give rise to infringement on constitutional fundamental rights such as social rights and rights to equality. On the second stage, supporting and assisting North Korea’s people with providing social security finance, insurance and eligibility to receive social welfare benefits have to be a priority. And we have to keep an eye on the trends of europe such as separate independence vote of Scotland and Catalan independence of Spain. Unless we become one unity and one nation with sincere mutual solidarity of every single one of two Koreas, there would be another separation attempt at any time. And that is the thing which we have to be mindful of.

발행기관:
안암법학회
DOI:
http://dx.doi.org/10.22822/alr..46.201501.425
분류:
법학일반

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