Protection of the Elderly Law of the Democratic People's Republic of Korea (2012)

Suggested citations
AGLC4 |
년로자법 2012 [Protection of the Elderly Law of the Democratic People's Republic of Korea (2012)] [tr Daye Gang].
Bluebook | Nyeonlojabeob 2012 [Protection of the Elderly 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 April 26, Juche 96 (2007), as Directive No. 2214 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on August 21, Juche 96 (2007), as Directive No. 2333 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 PROTECTION OF THE ELDERLY LAW

Article 1 (Objectives of Protection of the Elderly Law)

The Protection of the Elderly Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in protection of the elderly work to guarantee the rights and interests of the elderly, and shall serve to ensure that they can be more mentally and physically healthy so they can live in a worthwhile and well way.

Article 2 (Age of the elderly, subjects of protection)

The elderly of the Democratic People’s Republic of Korea are male and female citizens over the age of 60. Citizens who have finished their working life, or men over the age of 60 years and women over the age of 55 years who are currently working shall receive the protection of this law.

Article 3 (Status of the elderly and principle of guaranteeing that status)

The elderly are the advanced generation who have devotedly worked by dedicating their wisdom and passion in the struggle for the consolidation and development of the State and society and the creation of economic and cultural wealth. The State shall guarantee every condition to the elderly so that they can fulfil their status and role as the elders of the revolution and as senior members of society and of the family.

Article 4 (Principle of investment in the protection of the elderly sector)

The state taking responsibility for and looking after the standard of life and health of the elderly is a superior measure of the socialist system. The State shall systematically increase investment in the protection of the elderly sector to assure a more civilised and good standard of life to the elderly.

Article 5 (Principle of special protection for elderly who have done meritorious deeds)

The State shall treat especially favourably in society those elderly who have rendered distinguished service to the protection of the country and to the building of socialism such as revolutionary fighters, persons who have done distinguished service in the revolutionary struggle, heroes, war veterans, soldiers disabled on duty, and persons who have done distinguished service, and shall warmly look after their standard of life.

Article 6 (Principle of societal attention towards the elderly)

The State shall strengthen socialist morals education and good customs education so that the ethos of paying attention to, assisting, and respecting the elderly is elevated high all across society.

Article 7 (Foreign exchange and cooperation)

The State shall strengthen exchange and cooperation with other countries and with international organizations in protection of the elderly work.

 

CHAPTER II. SUPPORT OF THE ELDERLY

Article 8 (Basic requirements of supporting the elderly)

The State shall combine State support and family support in relation to the elderly. Institutions, enterprises, organizations and citizens must consider support for the elderly as moral norms and rules of conduct to be abided by in social life and in human standards of life.

Article 9 (Family member who has a duty to support)

The person who has a duty to support the elderly is the spouse, children living together or separately, or grandchildren. Brothers or sisters may also be a person who has a duty to support.

Article 10 (Person in society who has a duty to support)

According to the request of the elderly person and the agreement of the given citizen, a citizen who is not a family member who has a duty to support may also support that elderly person.

Article 11 (Duties of family members who have a duty to support)

Persons who have a duty to support the elderly must look after them so they live long lives in a healthy and comfortable way. A person living separately who has a duty to support must assist the elderly both mentally and materially.

Article 12 (State support)

An elderly person who has no person who has a duty to support them and has difficulty living independently shall be supported by the State. Even if there is a person who has a duty to support, an elderly person may receive State support according to his or her request. In these cases, support expenses shall be borne by the person who has a duty to support.

Article 13 (Guarantee of food and daily necessities)

Workers of State support institutions must warmly care for and look after the elderly with refined moral character and the feeling that the elderly are their flesh and blood. Local political institutions and given institutions, enterprises and organizations must produce and supply food required for the health promotion of the elderly and daily necessities in conformity with their preferences.

Article 14 (Guarantee of pensions and subsidies)

The elderly shall receive a senior pension and different forms of subsidies from the State. Financial banking institutions and authorities concerned must correctly give out designated pensions and subsidies to the elderly. The work of determining the subjects and standards of pensions and subsidies shall be done by the central labour administration guidance institution.

Article 15 (Guarantee of barrier free environments)

State construction supervision institutions, city design institutions, and given construction enterprises must guarantee a barrier free environment in city planning and in the design and construction of homes and subjects, to promote a stable standard of life and comfort to the elderly. A person who has a duty to support an elderly person must make a room convenient for the personality traits and standard of life of that person.

Article 16 (Protection of property)

The elderly shall receive legal protection in relation to individual property ownership and disposal rights. A person who has a duty to support may not dispose of things such as a home being used by the given elderly person and his or her property or daily necessities at will without his or her agreement.

 

CHAPTER III. GUARANTEE OF HEALTH FOR THE ELDERLY

Article 17 (Basic requirements of guarantee of health)

Assuring the health of the elderly is a basic guarantee so that they can live worthwhile lives. Public health institutions and medical institutions shall form treatment and nursing organizations for the elderly, and must ensure that they smoothly guarantee the benefits of universal free medical service.

Article 18 (Treatment of illness and nursing)

Public health institutions and medical institutions must register the elderly in the area concerned without exception, shall normally carry out health examinations and treatment work, and must exercise all devotion in medical work including for medical visits. A person who has a duty to support must learn basic knowledge of nursing the illnesses of the elderly, and must especially do nursing well in relation to elderly persons who are immobile.

Article 19 (Improvement of treatment methods)

Public health institutions, medical institutions, and local political institutions must actively accept modern medical and scientific techniques and traditional treatment methods in the treatment of the elderly. Specialist hospitals for the elderly or specialist departments may be created in required areas. 

Article 20 (Guarantee of longevity supplements and nutritional foods)

Public health institutions and given institutions, enterprises and organizations must produce and supply more nutritional foods and longevity supplements that have plentiful micronutrients such as vitamins and calcium in conformity with the biological nature of the elderly.

Article 21 (Guarantee of aid equipment and treatment equipment)

Public health institutions and given institutions, enterprises and organizations must produce and supply more aid equipment and rehabilitative treatment equipment for the elderly such as modern hearing aids, glasses, and canes.

Article 22 (Organization of public sport)

Local political institutions, protection of the elderly institutions, and given institutions, enterprises and organizations shall organize public sport activities for the elderly using different forms and methods, and must assure the conditions required for normally carrying out sports such as calisthenics for the elderly and taekwondo for the elderly.

Article 23 (Protection of the long-lived)

Central protection of the elderly institutions, publishing and reporting institutions, and local political institutions must register long-lived individuals over the age of 100 years and must extensively discuss the experiences of the long-lived. Elderly persons over the age of 90 years shall receive separately determined societal benefits.

 

CHAPTER IV. CULTURAL AND AESTHETIC STANDARDS FOR THE ELDERLY

Article 24 (Basic requirements of cultural and aesthetic standards)

The cultural and aesthetic standards of the elderly is important work ensuring that the elderly can live their remaining years in a worthwhile and optimistic way. Given institutions, enterprises, organizations and citizens must assure the environments and conditions for the cultural and aesthetic standards of the elderly.

Article 25 (Placement of cultural and aesthetic standards bases)

Local political institutions, design institutions, and construction supervision institutions must rationally place cultural facilities for the elderly in city and village overarching construction plans, must install sport and entertainment equipment and rehabilitative treatment equipment, and must establish modern and comprehensive cultural labour facilities for war veterans and for the elderly in conformity with demand.

Article 26 (Organization of cultural and aesthetic standards)

Protection of the elderly institutions and local political institutions shall hold State holidays or a day for the elderly and must extensively organize things such as artistic activities and sporting entertainment so their cultural and emotional requirements can be smoothly satisfied.

Article 27 (Editing and publishing publications)

Publishing institutions must edit and publish publications for the elderly. Publication dissemination institutions must increase the dissemination rate of publications such as newspapers and magazines to the homes of the elderly.

Article 28 (Guarantee of cultural entertainment facilities)

Given institutions, enterprises, organizations and citizens shall assure different cultural entertainment facilities and equipment and rehabilitative treatment equipment to the elderly so they can enjoy an emotional life as much as they like in cultural and relaxation places such as in parks, amusement parks, fishing grounds, playgrounds, and scenic places.

Article 29 (Vacation, tourism, sightseeing)

The central labour administration guidance institution, protection of the elderly institutions, and local political institutions must extensively organise things such as vacations, field trips, tourism, and sightseeing in spring and autumn or on significant days according to the requests of the elderly.

 

CHAPTER V. SOCIETAL ACTIVITIES OF THE ELDERLY

Article 30 (Basic requirements of societal activities)

The elderly participating in societal activities is work that passes on the noble struggle mentality and experience, and the popular culture and customs, of the advanced generation to the rising generation, and serves society using their knowledge and abilities. The State shall ensure that the elderly actively participate in societal activities according to their wishes and abilities.

Article 31 (Content of societal activities)

The elderly may do societal activities such as speeches, conferences, lectures, technical training, translation, creation, artistic activities, parks and amusement parks management, and maintenance of public order.

Article 32 (Participation of societal activities by the elderly)

Local political institutions and protection of the elderly institutions must arrange the environment and conditions so that the elderly can actively participate in different societal activities by taking into consideration things such as the age, health state, and amount of knowledge of the elderly.

Article 33 (Prolongation of employment of the elderly)

In cases where a knowledgeable and competent elderly person seeks to continue to be employed, given institutions, enterprises and organizations may allow him or her to work in a suitable occupation as necessary. In these cases, the working conditions of the elderly person must be responsibly assured.

Article 34 (Education for the rising generation)

The elderly shall willingly abide by the laws and regulations of the State and must actively labour to pass on things to the rising generation through societal activities, such as noble revolutionary traditions, the history and culture of the people, and the proud fighting spirit of the advanced generation.

Article 35 (State commendation)

The State shall give commendations to elderly persons who have participated in societal activities and rendered outstanding and distinguished service, including decorations, medals, and the conferment of titles of honour.

 

CHAPTER VI. GUIDANCE AND CONTROL FOR PROTECTION OF THE ELDERLY WORK

Article 36 (Basic requirements of guidance and control for protection of the elderly work)

Strengthening guidance and control for protection of the elderly work is a fundamental guarantee to correctly implement the protection of the elderly policy of the State. The State shall strengthen guidance and control over protection of the elderly work in conformity with the requirements of actual development.

Article 37 (Guidance for protection of the elderly work)

Guidance for protection of the elderly work shall be done by the central labour administration guidance institution and given central bodies under the standardized guidance of the Cabinet. The central labour administration guidance institution and given central bodies shall correctly adopt a guidance system for protection of the elderly work to normally command and guide protection of the elderly work.

Article 38 (Organization of protection of the elderly institutions)

The State shall have a protection of the elderly committee on a non-standing basis in the Cabinet and the province (or municipality directly under central authority), city (or district), county People’s Committees to consult on protection of the elderly work in a planned way and implement it in a standardized way. The practical affairs of the protection of the elderly committee shall be done by the central protection of the elderly union and by the authorities concerned.

Article 39 (Establishment of protection of the elderly fund)

A protection of the elderly institution may establish a protection of the elderly fund. The protection of the elderly fund shall accumulate and use funds through things like funds created by the protection of the elderly institution and charitable funds from international organizations, charitable organizations, and overseas Koreans.

Article 40 (Duties of institutions, enterprises and organizations)

Institutions, enterprises and organizations shall treat and look after warmly elderly persons who have entered retirement from their units and must arrange the conditions required so that they can serve society with their plentiful experience and ability.

Article 41 (Training of experts)

Given scientific research institutions and education institutions shall strengthen scientific research related to protection of the elderly work and must systematically train the required technical experts and professionals.

Article 42 (Guarantee of conditions for protection of the elderly work)

State planning institutions, labour administration institutions, financial banking institutions, and authorities concerned must assure in time the labour, facilities, resources, funds, and food required for the construction, administration and operation of facilities such as comprehensive cultural labour facilities for the elderly and State support institutions.

Article 43 (Discussion by publishing and reporting methods)

Publishing and reporting institutions must extensively discuss good customs and optimistic lifestyles elevated among the elderly, and exemplary facts in protecting the elderly, through publishing and reporting methods such as newspapers and broadcasts.

Article 44 (Societal preference)

Local political institutions, commerce institutions, community services, and traffic conveyance institutions shall show preference towards the elderly through methods such as instituting 《places for the elderly》 or 《day of labour for the elderly》, shall give preference to the elderly through methods such as pick-up orders, shall celebrate the 《international day for the elderly》, and must do better the work to respect and preference the elderly.

Article 45 (Supervision and control)

Supervision and control for protection of the elderly work shall be done by labour administration institutions, protection of the elderly institutions and the given supervision and control institution. Labour administration institutions, protection of the elderly institutions, and the given supervision and control institution must strictly do supervision and control work over protection of the elderly.

Article 46 (Damage compensation, penalty, confiscation)

In cases where the rights and interests of the elderly have been violated, such as through character insults, contempt, refusal of treatment, unfair treatment of property, or damage to equipment for the protection of the elderly and protective facilities, the given damage shall be compensated or restored or a penalty shall be paid, and unreasonably obtained money and goods shall be confiscated.

Article 47 (Administrative or criminal responsibility)

Responsible workers of institutions, enterprises and organizations and individual citizens who have caused grave consequences to protection of the elderly work by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.

Last updated 16 June 2021

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