북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 - (Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea -)
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- 법제연구
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- 제53호
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- pp.9-59
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- 2017
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최근 북한의 법제 정비의 양상은 양적으로 증가하고, 종래 체제정합성이 미비하다는 평가에 대한 개선 면모를 보여준다. 과거 북한 입법은 입법기관의 기능과 역할의 부재, 법령체계의 애매모호 등으로 부정적으로비판되었으나 최근 이러한 평가를 달리 하는 현상이 나타나고 있다. 특히북한의 법제정비 동향과 관련하여 새로 채택한 '법제정법'은 북한의 입법체계와 절차를 파악하는 데에 중요하고 명확한 내용을 담고 있다. 법제정법의 내용은 북한입법의 체재와 절차 등이 보다 체계적으로 정리되어 나아가는 과정을 보여주는 법률임을 엿보게 한다. 기실 북한법령은 김정은체제 하에서 대내외적 정책추진의 법제도적 근거를 제시해준다. 북한은 핵문제에 집중되어 있어 정작 다른 부분에 대해서는 정보가 제한되어 있는 상황이다. 이를 감안하여 여기서는 북한의 입법이론과 체계를 알아보되, 북한이 강조하는 사회주의법무생활 강화, 사회주의법제사업과 사회주의법치국가론을 중심으로 그 이론적 토대를 개관한다. 또한 북한의 입법이론과 체계에 비추어 실제의 법제정비의 내용을 파악해본다. 이어 북한의 입법기관과 입법절차 등을 살펴봄으로써 북한의 입법체계와 그 특징을 고찰한다. 아울러 북한의 입법기관과 입법절차에 관해서는 중국의 '입법법'의 내용을 비교하여 그 특징을 알아본다. 그리고 북한의 입법체계에 대한 과제를 살피고 앞으로의 입법 방향과 관련하여 전망해본다. 김정은 정권에서 2016년의 증보판 법전의 발간을 통해 최근까지 정비된 법령을 공표한 것은 현행 북한법령 현황을 파악하는 데에 중요한 자료이다. 이미 민주조선의 법령해설을 통해 알려진 법령의 내용을 확인하여주기 때문이다. 그러나 여전히 북한체제와 관련한 법령의 경우 그 공표가 늦어지거나 미공개 내지 비밀로 남아 있는 것은 여전히 낙후된 입법의 잔영이라 할 수 있다. 북한에서 법이란 시대적 변화에 따라 발전되고변화한다. 특히 외국인투자 및 대외경제법제와 관련 대내법제의 정비내용을 보면, 사회경제제도의 발전적 방향에 대응하여 변화하고 있음을 발견하게 된다. 김정은체제가 나아가야 할 방향을 경제부문에서의 개혁과 개방으로의 길로 확대하는 경우 이에 관련한 법령의 정비는 가속화될 것이다. 북한입법과정과 절차의 투명성과 객관성의 확보는 남북법제의 이해의 폭을넓히는 동시에 남북통합의 제도적 방안을 모색하는 데에 도움이 될 것이다. 앞으로 북한법제에 관한 심층연구는 궁극적으로 남북의 통일법제의형성을 위한 토대라는 점에서 강조된다.
Introduction Recently, changes in the patterns and concepts of maternity care, in both developing and developed countries have been accelerating. An outstanding development in this field is the number of deliveries taking place in hospitals or maternity centers. In Korea, however, more than 90% of deliveries are carried out at home with the help of untrained relatives or even without helpers. It is estimated that less than 10% of deliveries are assisted by professional persons such as a physician or a midwife. Taking into account the shortage of professional person i11 rural Korea, it is difficult to expect widespread prenatal, postnatal, and delivery care by professional persons in the near future, It is unrealistic, therefore, to expect rapid development of MCH care by professional persons in rural Korea due to economic and sociological reasons. Given these conditions. it is reasonable that an educated village women could used as a "maternity aid", serving simple and technically easy roles in the MCH field, if we could give such a women incentive to do so. The midwife and physician are assigned difficult problems in the MCH field which could not be solved by the village worker. However, with the application of the village worker system, we could expect to improve maternal and child hoalth through the replacement of untrained relatives as birth attendants with educated and trained maternity aides. We hope that this system will be a way of improving MCH care, which is only one part of the general health services offered at the local health centre level. Problems of MCH in rural Korea The field of MCH is not only the weakest point in the medical field in our country hut it has also dropped behind other developing countries. Regarding the knowledge about pregnancy and delivery, a large proportion of our respondents reported having only a little knowledge, while 29% reported that they had "sufficient" knowledge. The average number of pregnancies among women residing in rural areas was 4.3 while the rate of women with 5 or more pregnancies among general women and women who terminated childbearing were 43 and 80% respectively. The rate of unwanted pregnancy among general women was 19.7%. The total rate for complications during pregnancy was 15.4%, toxemia being the major complication. The rate of pregnant women with chronic disease was 7%. Regarding the interval of pregnancy, the rates of pregnancy within 12 months and within 36 months after last delivery were 9 and 49% respectively. Induced abortion has been increasing in rural areas, being as high as 30-50% in some locations. The maternal death rate was shown 10 times higher than in developed countries (35/10,000 live births). Prenatal care Most women had no consultation with a physician during the prenatal period. Of those women who did have prenatal care, the majority (63%) received such care only 1 or 2 times throughout the entire period of pregnancy. Also, in 80% of these women the first visit Game after 4 months of gestation. Delivery conditions This field is lagging behind other public health problems in our country. Namely, more than 95% of the women deliveried their baby at home, and delivery attendance by a professional person occurred only 11% of the time. Attendance rate by laymen was 78% while those receiving no care at all was 16%. For instruments used to cut the umbilical corn, sterilized scissors were used by 19%, non-sterilized scissors by 63% and 16% used sickles. Regarding delivery sheets, the rate of use of clean sheets was only 10%, unclean sheets, vinyl and papers 72%, and without sheets, 18%. The main reason for not using a hospital as a place of delivery was that the women felt they did not need it as they had previously experience easy deliveries outside hospitals. Difficult delivery composed about 5% of the total. Child health The main food for infants (95%) was breast milk. Regarding weaning time, the rates within one year, up to one and half, two, three and more than three years were 28,43,60,81 and 91% respectively, and even after the next pregnancy still continued lactation. The vaccination of children is the only service for child health in rural Korea. As shown in the Table, the rates of all kinds of vaccination were very low and insufficient. Infant death rate was 42 per 1,000 live births. Most of the deaths were caused by preventable diseases. Death of infants within the neonatal period was 83% meaning that deaths from communicable diseases decreased remarkably after that time. Infant deaths which occurred without medical care was 52%. Methods of improvement in the MCH field 1. Through the activities of village health workers (VHW) to detect pregnant women by home visiting and. after registration. visiting once a month to observe any abnormalities in pregnant women. If they find warning signs of abnormalities. they refer them to the public health nurse or midwife. Sterilized delivery kits were distributed to the expected mother 2 weeks prior to expected date of delivery by the VHW. If a delivery was expected to be difficult, then the VHW took the mother to a physician or call a physician to help after birth, the VHW visits the mother and baby to confirm health and to recommend the baby be given proper vaccination. 2. Through the midwife or public health nurse (aid nurse) Examination of pregnant women who are referred by the VHW to confirm abnormalities and to treat them. If the midwife or aid nurse could not solve the problems, they refer the pregnant women to the OB-GY specialist. The midwife and PHN will attend in the cases of normal deliveries and they help in the birth. The PHN will conduct vaccination for all infants and children under 5, years old. 3. The Physician will help only in those cases referred to him by the PHN or VHW. However, the physician should examine all pregnant women at least three times during their pregnancy. First, the physician will identify the pregnancy and conduct general physical examination to confirm any chronic disease that might disturb the continuity of the pregnancy. Second, if the pregnant woman shows any abnormalities the physician must examine and treat. Third, at 9 or 10 months of gestation (after sitting of the baby) the physician should examine the position of the fetus and measure the pelvis to recommend institutional delivery of those who are expected to have a difficult delivery. And of course. the medical care of both the mother and the infants are responsible of the physician. Overall, large areas of the field of MCH would be served by the VHW, PHN, or midwife so the physician is needed only as a parttime worker.
I. 수도(水稻)에 대(對)한 질소(窒素)의 합리적시용법(合理的施用法)을 확립(確立)하기 위(爲)한 일환(一環)의 연구(硏究)로서 못자리의 질소시용량(窒素施用量)과 못자리 말기(末期)에 있어서의 요소엽면살포(尿素葉面撒布)가 묘(苗)의 소질(素質) 특(特)히 질소(窒素)의 흡수(吸收) 및 발근력(發根力)에 미치는 영향을 알고자 시험(試驗)한바 그 결과(結果)는 다음과 같다. 1. 못자리에