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통일 초기 단계의 북한지역 노동시장정책에 대한 헌법적 검토

통일 초기 단계의 북한지역 노동시장정책에 대한 헌법적 검토

자료유형
단행본
개인저자
정영훈, 연구책임
단체저자명
한국. 헌법재판소. 헌법재판연구원
서명 / 저자사항
통일 초기 단계의 북한지역 노동시장정책에 대한 헌법적 검토 / 헌법재판소 헌법재판연구원 [편]
발행사항
서울 :   헌법재판소 헌법재판연구원,   2017  
형태사항
iii, 100 p. ; 26 cm
총서사항
통일헌법연구 ;2017-D-1
일반주기
연구책임: 정영훈  
서지주기
참고문헌: p. 93-100
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090 ▼a 342 ▼b 2016z4 ▼c 2017.D.1
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 통일 초기 단계의 북한지역 노동시장정책에 대한 헌법적 검토 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2017
300 ▼a iii, 100 p. ; ▼c 26 cm
440 0 0 ▼a 통일헌법연구 ; ▼v 2017-D-1
500 ▼a 연구책임: 정영훈
504 ▼a 참고문헌: p. 93-100
700 1 ▼a 정영훈, ▼e 연구책임
910 0 ▼a Republic of Korea. ▼b Constitutional Court of Korea. ▼b Constitutional Research Institute, ▼e
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 342 2016z4 2017.D.1 등록번호 111780194 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

Ⅰ. 서론 / 1

1. 남북통일과 노동시장통합 논의에 있어서 헌법적 논의의 필요성 ················· 1

2. 본 연구의 통일 시나리오와 연구의 범위ㆍ구성 ············································· 6

Ⅱ. 북한의 노동질서에 관한 법규범 / 11

1. 북한 헌법상의 노동에 관한 규정 ···································································· 11

가. 근로의 권리 및 근로의 의무 ····································································· 11
(1) 근로의 권리 ··························································································· 11
(2) 근로의 의무 ··························································································· 13

나. 직업선택의 자유 ·························································································· 14

다. 근로3권 ········································································································· 15

라. 기타 노동에 관련된 조항 ·········································································· 16

2. 노동법령의 주요 내용 ······················································································· 17

가. 북한 노동법의 이원 체계 ·········································································· 17

나. 주요 근로조건에 관한 규율 내용 ····························································· 18
(1) 임금 ········································································································ 18
(2) 근로시간과 휴식 ··················································································· 20
(3) 근로관계의 종료 ··················································································· 21
(4) 산업안전보건 ························································································· 22
(5) 근로자를 위한 국가적ㆍ사회적 혜택 ················································· 22

3. 정리 ····················································································································· 22

Ⅲ. 북한의 노동현실과 통일 초기 단계에서의 북한지역 노동상황 / 27

1. 노동질서에 관한 법규범과 노동현실의 괴리 ················································· 27

가. 국가에 의한 지령적 노동력 배치 ····························································· 27

나. 사회주의적 분배질서의 기능부전 ····························································· 30

다. 휴식권 보장의 형해화 ················································································ 31

라. 근로자에 대한 사회보장적 급부 제공 기능의 파탄 ······························· 31

2. 통일 초기 단계에서의 북한지역 노동상황의 예상 ······································· 33

가. 체제전환 및 통합이 북한지역의 노동시장에 미치는 영향 개관 ·········· 33

나. 북한 주민의 대량 남하 가능성 ································································· 34

다. 대량 실업의 발생 문제 ·············································································· 36

라. 고용의 감소 ································································································· 38

마. 노사관계의 혼란 ·························································································· 39
(1) 집단적 노사관계의 혼란 ······································································ 39
(2) 개별적 고용관계의 혼란 ······································································ 40

바. 구체제질서의 소생 ······················································································ 41

사. 고용관계에 있어서의 전근대적 유산 ······················································· 43

Ⅳ. 통일의 초기단계에서의 노동시장정책과 헌법적 문제의 검토 / 44

1. 북한지역의 노동질서형성의 헌법적 좌표 및 검토의 대상 ·························· 44

2. 북한지역 주민의 대량 남하 억제와 그 헌법적 한계 ···································· 47

가. 북한지역 주민의 거주ㆍ이전의 자유를 직접적으로 제한하는 경우 ···· 47
(1) 직접적 제한 방법과 헌법적 문제 ······················································· 47
(2) 국가긴급권의 발동에 의하는 경우 ····················································· 49
(3) 법률에 의하여 제한하는 경우 ····························································· 51

나. 북한지역 주민의 거주ㆍ이전의 자유를 간접적으로 제한하는 경우 ···· 55
(1) 간접적 제한의 방법과 검토의 대상 ··················································· 55
(2) 첫 번째 경우의 합헌성 ········································································ 56
(3) 두 번째 경우의 합헌성 ········································································ 58

3. 실직 근로자의 생활안정을 위한 급부제도의 도입 ······································· 61

가. 실업급부제도의 필요성과 근로의 권리 ···················································· 61

나. 실업부조제도의 창설과 적용 ····································································· 63

다. 고용보험제도의 적용 ·················································································· 64

4. 근로관계의 유지ㆍ존속 보호 ··········································································· 65

가. 근로의 권리와 근로관계의 존속 보호 ······················································ 65

나. 북한지역의 근로관계의 유지ㆍ존속 보호 ················································ 67
(1) 문제의 소재 ··························································································· 67
(2) 독일의 관련 논의의 검토 ···································································· 67
(3) 해고 보호 완화에 헌법적 검토 ··························································· 71

5. 고용기회의 확보 ································································································ 77

가. 적극적 노동시장 정책의 수립과 시행 ······················································ 77

나. 고용기회의 공정성 보장 ············································································ 79

6. 인간의 존엄성을 실현할 수 있는 근로조건의 보장 ····································· 80

가. 인간의 존엄성을 실현할 수 있는 최저근로조건의 확보 ······················· 80

나. 적정임금의 보장 및 최저임금제도의 시행 ·············································· 82

다. 노동보호법의 실효성 확보 ········································································· 84

라. 고용관계상의 분쟁에 대한 효과적인 해결 절차의 마련 ······················· 85

7. 집단적 노사관계질서의 수립 ··········································································· 85

가. 근로3권의 전면적 보장 ·············································································· 85

나. 북한 국영기업의 소유자로서의 정부의 역할 ·········································· 87

다. 대화와 타협을 촉진하기 위한 근로3권의 해석 ······································ 88

라. 자주적인 민주 노동조합의 보호 ······························································· 89

Ⅴ. 결론 / 90
❚참고문헌 ······················································································································· 93

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