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통일 초기 단계의 북한지역 노동시장정책에 대한 헌법적 검토

통일 초기 단계의 북한지역 노동시장정책에 대한 헌법적 검토

Material type
단행본
Personal Author
정영훈, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
통일 초기 단계의 북한지역 노동시장정책에 대한 헌법적 검토 / 헌법재판소 헌법재판연구원 [편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2017  
Physical Medium
iii, 100 p. ; 26 cm
Series Statement
통일헌법연구 ;2017-D-1
General Note
연구책임: 정영훈  
Bibliography, Etc. Note
참고문헌: p. 93-100
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001 000045918154
005 20171027145144
007 ta
008 171018s2017 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000158-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
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

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 2017.D.1 Accession No. 111780194 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

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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