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통일 후 사회보장 실현방안에 대한 헌법적 검토

통일 후 사회보장 실현방안에 대한 헌법적 검토 (Loan 2 times)

Material type
단행본
Personal Author
최규환, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
통일 후 사회보장 실현방안에 대한 헌법적 검토 / 헌법재판소 헌법재판연구원 [편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2016  
Physical Medium
iii, 109 p. ; 26 cm
Series Statement
통일헌법연구 ;2016-D-1
General Note
연구책임: 최규환  
Bibliography, Etc. Note
참고문헌: p. 98-109
000 00000nam c2200205 c 4500
001 000045882626
005 20161007142540
007 ta
008 160923s2016 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000120-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z4 ▼c 2016.D.1
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 통일 후 사회보장 실현방안에 대한 헌법적 검토 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2016
300 ▼a iii, 109 p. ; ▼c 26 cm
440 0 0 ▼a 통일헌법연구 ; ▼v 2016-D-1
500 ▼a 연구책임: 최규환
504 ▼a 참고문헌: p. 98-109
700 1 ▼a 최규환, ▼e 연구책임
910 0 ▼a Constitutional Research Institute, ▼e
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z4 2016.D.1 Accession No. 111761778 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서 론 / 1
1. 연구의 배경과 목적 ····························································································· 1
2. 연구의 범위와 방법 ····························································································· 2
3. 남북한 통일의 시나리오 유형 ··········································································· 5
Ⅱ. 남북한 통일에서 발생 가능한 사회문제 / 8
1. 독일 통일 사례에 대한 분석 ············································································· 8
가. 독일 통일과정 및 시장경제체제로의 전환 ················································ 8
나. 대량이주 문제 ····························································································· 10
다. 대량실업 ······································································································· 11
라. 동독 경제의 사유화 ···················································································· 12
마. 통일비용 - 경제재건을 위한 집중투자와 보조금 정책 ·························· 14
바. 사회보장제도의 통합 ·················································································· 15
2. 통일한국이 직면하게 될 사회적 문제 ···························································· 19
가. 체제전환기 사회ㆍ경제상의 위기와 불안정 ············································ 19
나. 북한주민의 절대적ㆍ상대적 빈곤의 가속화 ············································ 20
다. 북한주민의 남한으로의 대량 이주 ··························································· 21
3. 소결-통합과 안정의 필수불가결한 요소로서의 사회보장 ····························· 22
Ⅲ. 남한과 북한의 사회보장제도 비교ㆍ분석 / 24
1. 경제질서체제와 사회보장제도 ·········································································· 24
가. 경제질서체제에 따른 사회보장제도 의의 ················································ 24
나. 북한의 경제질서체제와 사회보장제도 ······················································ 25
2. 북한의 사회보장법제 분석 ··············································································· 28
가. 북한의 사회보장제도 체계 ········································································· 28
나. 북한의 소득보장제도 ·················································································· 30
다. 북한의 의료보장제도 ·················································································· 34
라. 북한의 사회복지서비스 ·············································································· 37
마. 북한 사회보장제도의 특이점과 문제점 ···················································· 39
(1) 북한 사회보장법제의 추상성과 미분화성 ·········································· 39
(2) 북한 사회보장제도의 실질과 현황 ····················································· 40
(3) 사회보장제도별 남한과의 차이점 ······················································· 42
(가) 사회보험 ························································································· 43
(나) 공공부조 ························································································· 44
(다) 사회복지서비스 ·············································································· 45
Ⅳ. 남북한 사회보장제도의 통합 방안 및 헌법적 한계 / 46
1. 남북한 사회보장제도 통합의 기본방향과 단계적 통합 ································ 46
2. 1단계: 위기관리의 과도기 ················································································ 49
가. 응급구호적 공공부조 ·················································································· 49
나. 소득보장 ······································································································· 50
다. 의료보장 ······································································································· 50
라. 통일 초기 대량 남한 이주 대책 ······························································· 51
3. 2단계: 사회보장체계 정비기 ············································································ 51
가. 한시적 분리운영의 필요성 ········································································· 51
나. 사회보장제도의 한시적 분리운영에 대한 헌법적 판단기준 ·················· 56
(1) 사회적 기본권과 평등권ㆍ평등원칙 ··················································· 56
(가) 사회적 기본권과 평등권의 개념적 구별 ···································· 56
(나) 사회적 기본권과 평등권의 상호보완성 ······································ 58
(다) 사회권의 점진적 실현의무ㆍ즉시이행의무,
점진적 평등의 논리 ······································································ 60
(라) 시간적 적응의 자유ㆍ검토의무ㆍ관찰의무 ································ 62
(2) 분리운영 실현의 형식 ·········································································· 64
(가) 법률 ································································································· 64
(나) 긴급명령ㆍ긴급재정경제명령 ······················································· 64
(다) 북한 특별행정구역 설치 문제 ····················································· 67
다. 분리 기준의 문제 - 인적 기준, 지역적 기준 ·········································· 70
라. 분리운영에서의 핵심문제 ·········································································· 72
(1) 분리운영의 2가지 측면 ········································································ 72
(2) 사회보장급여 수준의 차등 가능성 ····················································· 74
(가) 현실적 측면 ··················································································· 75
(나) 규범적 측면 ··················································································· 75
(3) 소결 ········································································································ 77
마. 제도별 분리운영 및 통합방안 ··································································· 80
(1) 연금제도 ································································································· 80
(2) 고용보험제도 ························································································· 83
(3) 산업재해보상보험제도 ·········································································· 85
(4) 의료보장제도 ························································································· 86
(5) 공공부조 및 사회복지서비스 제도 ····················································· 89
4. 3단계: 사회보장제도 통합 및 정착기 ····························································· 93
Ⅴ. 결론 / 95
❚참고문헌 ······················································································································· 98

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