저출생 정책에서 여성, 노동자, 한부모의 위치성에 관한 법사회학적 고찰 – 실증주의적 분석을 중심으로 –

This study delves into the practical enforcement of the social security principles enshrined in the Constitution of the Republic of Korea, particularly in the context of the country's ultra-low birth rate. It aims to suggest enhancements to social security law that better address the evolving needs of Korean society. The research begins by examining how childcare leave is utilized among families of married employees, highlighting governmental support for married women in balancing work and family life. It then compares this support to the realities faced by unmarried single-parent workers. Throughout the analysis, the study critically examines entrenched gender stereotypes and traditional roles in domestic childcare, the challenges faced by individuals not covered by employment insurance in accessing work-family balance supports, and the deficiencies in support systems for single-parent caregivers. The findings reveal several policy imperatives necessary to align the social security system more closely with the constitutional principles of social security in our society. First, there's a pressing need for male partners to adopt a proactive and responsible role in childcare, moving beyond the limited “assistant” role and engaging more fully in parenting duties. Second, the childcare support system must transcend legal limitations that currently restrict paid childcare leave to those covered by employment insurance. Expanding the work-family balance support policy to include those outside the employment insurance framework is essential for broader applicability. Third, there is an urgent need to recognize and accommodate diverse family structures. Korean society must progress beyond the antiquated notion that married couples are the primary childcare unit and develop inclusive systems that also support unmarried single parents. In conclusion, this study advocates for a comprehensive re-organization of related laws and social systems to ensure that the social security framework in our society is inclusive, equitable, and reflective of contemporary societal values.