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@article{ART002648898},
author={Yongjeon Choi},
title={Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution},
journal={Public Land Law Review},
issn={1226-251X},
year={2020},
volume={92},
pages={367-389}

TY - JOUR
AU - Yongjeon Choi
TI - Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution
JO - Public Land Law Review
PY - 2020
VL - 92
IS - null
PB - Korean Public Land Law Association
SP - 367
EP - 389
SN - 1226-251X
AB - North Korea has a socialist legal system, and South Korea has a capitalist one. North Korean social security laws function in the socialist system, and South Korean one’s function in the capitalist one. The two systems vary greatly in their theoretical and ideological underpinnings. However, their social security systems do not fundamentally differ in their function. This study examines North Korea’s social welfare system using the provisions of the North Korean constitution for social welfare and related laws. It also reviews the South Korean social welfare system that is stipulated in the Constitution of South Korea and provides a comparative analysis of the concepts of national social security and national social insurance in the North Korean Constitution, along with the concepts of social security, public aid, and social service as presented in South Korean law. An examination how the social security provisions of East and West Germany were integrated provides implications for the two Koreas. Along with these findings, the examination on how to integrate ideological elements of the North Korean social welfare state into that of South Korea led to the following conclusions on means of integrating the social security laws of the two Koreas. First, the speed of social security integration should be selected, whether radical or gradual method. Second, if the gradual method was chosen, a legal basis for establishing a long-term plan to achieve gradual integration should be prepared; if the radical method was selected, countermeasures against sudden expenditures should be devised. Third, the consensus of the Korean people on an affirmative action for North Koreans must be established. Fourth, to reduce the cost of unification, a detailed plan for the integration of the South and North Korean social security systems should be established, with detailed designs regarding individual programs and risks. Fifth, the ways in which the differences in legal terms under the social security laws of the two Koreas must be resolved to be gradually unified. Finally, efforts to exchange and share resources on the North and South Korean social security systems must be pursued to prepare for an integration of the two legal systems.
KW - South Korea;North Korea;Constitution;Welfare State;Social Welfare;Social Security;Social Insurance;Public Aid;Social Service;Reunification;National Social Insurance;National Social Security
DO -
UR -
ER -

Yongjeon Choi. (2020). Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution. Public Land Law Review, 92, 367-389.

Yongjeon Choi. 2020, "Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution", Public Land Law Review, vol.92, pp.367-389.

Yongjeon Choi "Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution" Public Land Law Review 92 pp.367-389 (2020) : 367.

Yongjeon Choi. Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution. 2020; 92 367-389.

Yongjeon Choi. "Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution" Public Land Law Review 92(2020) : 367-389.

Yongjeon Choi. Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution. Public Land Law Review, 92, 367-389.

Yongjeon Choi. Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution. Public Land Law Review. 2020; 92 367-389.

Yongjeon Choi. Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution. 2020; 92 367-389.

Yongjeon Choi. "Korean Constitutional Acceptability of Social Welfare State Ideology in North Korea’s Constitution" Public Land Law Review 92(2020) : 367-389.