Social Security Law of the Democratic People’s Republic of Korea (2012)
AGLC4 | 사회보장법 2012 [Social Security Law of the Democratic People's Republic of Korea (2012)] [tr Daye Gang].
Bluebook | Sahoebojangbeob 2012 [Social Security Law of the Democratic People's Republic of Korea (2012)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on January 9, Juche 97 (2008), as Directive No. 2513 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on October 26, Juche 97 (2008), as Directive No. 2943 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on April 3, Juche 101 (2012), as Directive No. 2303 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF SOCIAL SECURITY LAW
Article 1 (Objectives of Social Security Law)
The Social Security Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in social security work to protect people’s health and shall serve to guarantee them a stable living environment and conditions for their well-being.
Article 2 (Subjects of social security)
The subjects of social security include persons who are no longer able to work because they are old in age or because they have an illness or physical disability, and elderly or children who have no one to look after them. The State shall ensure that the benefits of social security are correctly given to social security recipients.
Article 3 (Principle of investing in the social security sector)
Ceaselessly consolidating and developing the social security system is the consistent policy of the Democratic People’s Republic of Korea. The State shall systematically increase investment in the social security sector and improve and strengthen its material and technical means.
Article 4 (Principle of preference)
The State shall give preference in society to people who have made great contributions for the nation and people such as Revolutionary fighters, the families of revolutionary and patriotic martyrs, families of socialist and patriotic casualties, heroes, war veterans, and soldiers disabled on duty.
Article 5 (Principle of operating social security institution)
The State shall manage social security institutions in a modern way so that social security recipients can lead a stable standard of life with well-being, and shall properly administer and operate them.
Article 6 (Principle of expanding social security expenditure)
The State shall systematically extend expenditure of social security funds in conformity with increasing financial income.
Article 7 (Societal support for social security recipients)
The State shall strengthen education work among the people so they actively help social security recipients.
Article 8 (Exchange and cooperation in the social security field)
The State shall develop exchange and cooperation in the social security field with other countries and international organizations.
CHAPTER II. SOCIAL SECURITY PROCEDURE
Article 9 (Basic requirements of social security procedure)
Doing social security procedure correctly is an important requirement for correctly managing social security benefits to people. Institutions, enterprises, organizations and citizens must abide strictly by the order of social security procedure.
Article 10 (Application of social security procedure)
Social security applications shall be done by the institutions, enterprises and organizations with which citizens seeking to receive social security are affiliated. In cases where institutions, enterprises and organizations a subject seeking to receive social security has been raised, a social security application document must be drafted and submitted to the central labour administration guidance institution or the People’s Committee at the corresponding level according to the subject.
Article 11 (Particulars to fill out and attached documents to a social security application document)
Social security application documents shall correctly state things like the name and age of the citizen seeking to receive social security, their position at work, their reasons for application and experience, and any distinguished service, shall stamp the official approval of the institutions, enterprises or organization, and shall attach the labour card and other required documents. In cases where a social security application is made for reasons of illness or injury, a medical analysis report issued by the relevant public health institution shall be attached.
Article 12 (Deliberation on social security application document)
In cases where the central labour administration guidance institution or the People’s Committee at the corresponding level has received a social security application document, it must deliberate on it at the right time and make a decision to approve or reject it.
Article 13 (issue of registration and approval documents of social security recipient)
The central labour administration guidance institution or the People’s Committee at the corresponding level must register citizens who have been approved in the delibartion of the social security application document as social security recipients. Citiezens who have been registered as social security recipients shall be issued social security funds approval documents.
Article 14 (Notification of social security recipient registration)
The central labour administration guidance institution or the People’s Committee at the corresponding level must inform the registration status of social security recipients at the office of the town or labour complex in the area he or she is residing in. In cases where a social security recipient has moved domicile, his or her social security registration materials must be sent to the People’s Committee in the relevant residence area.
Article 15 (Guarantee of a job for social security recipient who has recovered his or her health)
In cases where a citizen who was receiving social security due to illness or injury has recovered his or her health, the People’s Committee at the corresponding level must assure him or her a suitable work position within 1 month.
Article 16 (Duty of social security recipient)
A social security recipient bears the following duties.
1. A social security recipient due to labour capacity loss must regularly receive medical analysis for his or her labour capacity.
2. In cases where there have been changes in standard of life for domicile, number of family members or other things, the relevant town or labour complex office must be informed within 5 days.
3. He or she must willingly abide by the laws and societal order of the State.
4. He or she must submit in time the materials required by the relevant authorities for the social security pension or subsidy pay.
5. Social security fund approval documents may not be lent to other people, and in cases where they have been lost or damaged they must receive a reissue at the right time.
CHAPTER III. EXPENDITURE OF SOCIAL SECURITY FUNDS
Article 17 (Basic requirements of social security fund expenditure)
Social security funds are funds expended to assure the standard of life of social security recipients. Financial banking institutions and the People’s Committee at the corresponding level must correctly expend social security funds.
Article 18 (Subject of expenditure of social security funds)
Social security funds shall be expended for purposes such as social security pensions, payment of subsidies, the operation of social security institutions, and the production and supply of disability aid equipment. The relevant authorities must correctly adopt a social security fund expenditure plan and must correctly implement it.
Article 19 (Payment of social security pensions and subsidies)
Social security recipients shall receive social security pensions and subsidies according to social security fund approval documents. The work of determining the subjects for payment and standards of the social security pension or subsidy shall be done by the central labour administration guidance institution.
Article 20 (Payment, suspension, change of social security pension or subsidy)
Social security pensions and subsidies shall be paid by calculating from the month of registration as a social security recipient. In cases where there arises a reason to suspend or change the payment of social security pension or subsidy, the payment shall be suspended or changed from the next month.
Article 21 (Recovery or supplemental payment of social security pension or subsidy)
In cases where more or less social security pension or subsidy has been paid, the portion paid more shall be recovered or the portion paid less shall be paid supplementarily limited to that year.
Article 22 (Prohibition on payment of social security pension or subsidy)
Social security pensions and subsidies shall not be paid in the following cases:
1. In cases where an act violating the legal order was in train before the death or labour capacity was lost;
2. In cases where an unlawful act was done and legal sanctions are being received;
3. In cases where a social security application was done falsely;
4. In cases where living assistance is being separately received from the State;
5. In cases where social security pensions and subsidies are not to be paid under other separate regulations.
Article 23 (Payment of one kind of social security pension or subsidy)
A social security recipient shall be paid one kind of social security pension or subsidy that is profitable to that person. However, in cases where a subsidy should also be paid beyond the social security pension to a social security recipient as necessary, the central labour administration guidance institution determination shall be followed.
CHAPTER IV. ORGANIZATION AND OPERATION OF SOCIAL SECURITY INSTITUTIONS
Article 24 (Basic requirements of organizing and operating a social security institution)
Organizing and operating a social security institution well is an important condition to smoothly guarantee the living conditions of social security recipients so that they can live without any inconvenience. Central labour administration guidance institutions and the People’s Committee at the corresponding level must correctly adopt and ceaselessly improve the operation system of the social security institution.
Article 25 (Organizing and operating a social security institution)
The central labour administration guidance institution and the People’s Committee at the corresponding level must organize social security institutions such as rest homes for soldiers disabled on duty, nursing homes, and community homes for soldiers disabled on duty, elderly without people to care for them, and people with disability to guarantee their standard of life, and shall responsibly administer and operate them. Rest homes for soldiers disabled on duty shall be organized, administered and operated by the central labour administration guidance institution, and approval for things like nursing homes and community homes shall be obtained by the central labour administration guidance institution to be organized, administered and operated by the province (or municipality directly under central authority) People’s Committee.
Article 26 (Subjects that may live in social security institutions)
Social security recipients who have no people to care for them, or in cases where they have people to care for them, but it is recognised that receiving their support would be difficult, may live in a social security institution. In cases where it is sought for a subject, with a person who has a duty to support him or her, to live in a social security institution, the consent of the social security recipient must be received. In this case, a person who has a duty to support him or her must pay a designated support fee every month to the social security institution.
Article 27 (Social security recipient dispatch application)
In cases where a subject to live in a social security institution has been raised, the institution, enterprises or organizations he or she is affiliated with and the town or labour complex office shall make a social security recipient dispatch application document and submit it to the relevant People’s Committee. On the social security recipient dispatch application document shall be stated things like the name and age of the citizen seeking to live in the social security institution, the reasons for application, and any support relations.
Article 28 (Deliberation on social security recipient dispatch application document)
In cases where the People’s Committee at the corresponding level has received a social security recipient dispatch application document, it must deliberate on it and decide within 10 days. For subjects to be sent to rest homes for soldiers disabled on duty and nursing homes and community homes in other provinces, the approval of the central labour administration guidance institution must be received through a higher level People’s Committee.
Article 29 (Issue of social security recipient dispatch card)
The People’s Committee at the corresponding level must issue a social security recipient dispatch card to a social security recipient who has come to live in a social security institution. A social security recipient dispatch card shall be sent to the institution, enterprise or organization the relevant social security recipient is affiliated with, and the town or labour complex office.
Article 30 (Dispatch of social security recipient)
The work of sending a social security recipient to a social security institution shall be done by the institution, enterprise or organization he or she is affiliated with, and the town or labour complex office. Institutions, enterprises and organizations and town and labour complex offices that have received a social security recipient dispatch card must safely transport the social security recipient to live in the social security institution. In these cases, the expenses of the social security recipient and the citizens who take him or her shall be paid for by the relevant institutions, enterprises and organizations.
Article 31 (Guarantee of living conditions of social security recipients)
The social security institution shall sufficiently guarantee conditions and environment so that the social security recipients can live without any inconvenience, and must care for them well.
Article 32 (Furnishing facilities that guarantee standard of life)
A social security institution must have welfare facilities such as modern study rooms, bedrooms, restaurants, clinics, barbers, and washrooms and must assure daily necessities required as designated for a social security recipient.
Article 33 (Health guarantee of social security recipients)
Social security institutions shall always always pay attention to the health of social security recipients and must well organize and execute treatment and nursing. If there is a subject who needs to receive specialist treatment, he or she must be evacuated to a specialist hospital at the right time to receive treatment.
Article 34 (Sideline activities of social security institutions)
Social security institutions may do sideline economic activities to guarantee the standard of life of social security recipients. Income arising from sideline activities shall be used to operate the social security institution after receiving the approval of the relevant province (or municipality directly under central authority) People’s Committee.
Article 35 (Cases where expelled from social security institution)
Social security recipients shall be expelled from the social security institution in the following cases:
1. In cases where a guardian or support relation has appeared;
2. In cases where labour dispatch papers from a labour administration institution have been received;
3. In cases where a person who has a duty to support has not submitted the designated support fee for more than 3 months;
4. In cases where it is recognised that he or she can live on his or her own even without the support of the social security institution.
Article 36 (Guarantee of living conditions of a social security recipient who leaves a social security institution)
A social security recipient who leaves a social security institution shall be issued a release card. The People’s Committee at the corresponding level and institutions, enterprises and organizations must assure things like a home and a work position at the right time to a social security recipient who leaves a social security institution.
CHAPTER V. PRODUCTION AND SUPPLY OF AID EQUIPMENT
Article 37 (Basic requirements of production and supply of aid equipment)
Aid equipment is a compulsory means of aid for the standard of life of people with disabilities. The relevant authorities and enterprises must produce, and supply required aid equipment to people with disability at the right time.
Article 38 (Production aid equipment)
The central public health guidance institution and relevant authorities and enterprises must produce and assure aid equipment such as corrective equipment, three-wheeled carts, glasses, and hearing aids in a planned way. Aid equipment production enterprises must qualitatively make many kinds of aid equipment matching the gender, age, degree of disability and preferences of the person with disability.
Article 39 (Application for approval of aid equipment supply)
A person with disability seeking to receive the supply of aid equipment must make an application document and submit it to the People’s Committee at the corresponding level. A People’s Committee that has received an application document shall correctly review it and issue an approval document to supply aid equipment.
Article 40 (Supply of aid equipment)
Aid equipment shall be supplied by the designated institution or enterprise. A person with disability seeking to receive the supply of aid equipment must submit the approval document to supply aid equipment issued by the People’s Committee at the corresponding level to the relevant authorities and enterprises. Relevant authorities and enterprises must supply aid equipment at the right time according to the approval document to supply aid equipment.
Article 41 (Burden of expenditure)
The price of the aid equipment and the expenses the person with disability incurs in coming and going to receive the supply of aid equipment shall be borne by the State and that person.
Article 42 (Repair of aid equipment)
In cases where the aid equipment has become unusable while being used, institutions and enterprises that have supplied aid equipment must repair it or make another one at the right time.
Article 43 (Organizing and operating accommodation for corrective equipment)
Corrective equipment production enterprises shall manage accommodation for corrective equipment for people with disability and must assure convenience and no inconvenience in the standard of life for the period they stay to receive a supply of corrective equipment.
CHAPTER VI. GUIDANCE AND CONTROL FOR SOCIAL SECURITY WORK
Article 44 (Basic requirements of guidance and control over social security work)
Strengthening guidance and control over social security work is a fundamental guarantee to thoroughly implement the social security policy of the State. The State shall strengthen guidance and control over social security work.
Article 45 (Guidance for social security work)
Guidance for social security work shall be done by the central labour administration guidance institution and the relevant authorities under the standardized guidance of the Cabinet. The central labour administration guidance institution and the relevant authorities must properly command and guide social security work.
Article 46 (Guarantee of conditions of social security work)
State planning institutions, labour administration institutions, public health institutions, financial banking institutions, and People’s Committees must assure effort, funds, facilities and supplies required for social security work at the right time.
Article 47 (Supervision and control)
Supervision and control for social security work shall be done by the relevant central institution and supervision and control institution. The relevant central institution and supervision and control institution must strictly supervise and control the social security policy implementation of the State.
Article 48 (Recovery and penalty, damage compensation)
In cases where social security funds have illegally been expended, misused or embezzled or where social security facilities have been damaged or lost, recovery or penalty shall be imposed or the relevant damage shall be compensated.
Article 49 (Administrative and criminal liability)
Responsible workers of institutions, enterprises, organizations and individual citizens who cause grave consequences to social security work by violating this law shall have administrative or criminal liability imposed depending on the gravity.
Last updated 4 August 2020
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