統一憲法上의 經濟秩序에 關한 硏究

Abstract

The Constitution of Republic of Korea prescribe a followed clauses in Article 119 “(1) The economic order of the Republic of Korea shall be based on a respect for the freedom and creative initiative of enterprises and individuals in economic affairs. (2) The State may regulate and coordinate economic affairs in order to maintain the balanced growth and stability of the national economy, to ensure proper distribution of income, to prevent the domination of the market and the abuse of economic power and to democratize the economy through harmony among the economic agents”. In Article 119, it puts the first place on the individual freedom and market economy. Exceptionally, it permits the State to intervene with individual field to enhance social welfare. So we can find Korean Constitutional law pursues the economic efficiently and the social equalities in the Article. The State regulates and intervenes the economic order to guarantee the good operation of market economy and secure the social welfare. It can exercise the economic policy and social policy for the social justice, social safety and social integration. But its role has limits. it cannot impair the nature of individual freedom and market economy. For market economy to go with administrative plan, it must not interfere with individual field where everything operates autonomously. Only it has to put its nose on the field where market economy does not function well or can not operate at all. In the long time, Korean Constitutional Law adopts the social market economy which mixes the market economy with the planned economy. But social market economy puts the first value on the individual freedom and market economy. The plan is needed to promote the public good. Social market economy makes the market economy go toward social purposes, which are social qualities, social justice and social welfare. Consequently we can conclude that Uni-Korean Constitutional Law should have social market economy as the economic order and harmonizes the efficiency with equalities within certain boundary where the state must not impair the nature of individual freedom and the principle of market economy.