북한 사회복지의 법제적 고찰 - 체제·범위·개입 -

In South Korea, there has not been much research on the field of social welfare in North Korea yet. But we can even say that unified Korea can be completed with the integration of social welfare as it is such an important area. The purpose of this study is not just to analyze social welfare systems in South and North Korea comparatively but to consider the characteristics of social welfare in North Korea in three judicial perspectives: the structure, scope, and intervention of the law. This is meaningful in that it is possible to figure out the level and roles of institutions in North Korea with its judicial system, and also as far as the integration of social welfare for unified Korea is concerned, this study can contribute to it with fundamental, political materials. The results of this study are as follows: first, according to the results of analyzing North Korea’s social welfare system in terms of its legal structure, unlike the social welfare system in capitalism, it is indicating the phenomena of individualization, for example, from state-centered uniform welfare supply to the division of assigning responsibility to companies and from the inclusive security of rights to the security of rights differentiated for subjects. Second, in terms of the scope of the law, North Korea’s social welfare system includes the entire areas of social security, but in some systems, it fails to perform its original roles properly yet. Third, according to the results of judgment in the area of legal intervention, contrary to the reduction of state’s responsibility, the level of welfare payment is becoming enhanced gradually; however, traditionally, the payment shows distinct difference legally by status or region. Since this study has examined North Korea’s social welfare system macroscopically in terms of the law’s structure, scope, or system multilaterally, so it is limited as analysis on the judicial system only. Therefore, follow-up research will accompany not only analysis on the judicial system but positive research as well.