우리 헌법 제119조의 경제 질서에 대한 해석론 (A Study on Economic Order of Article 119 of the Korean Constitutional Law)

서지정보

· 발행기관 : 중앙대학교 법학연구원
· 수록지 정보 : 法學論文集 / 36권 / 3호 / 5 ~ 29페이지
· 저자명 : 김성률

초록

According to the World Bank's report published on July 7, 2010, South Korea's GDP in the previous year amounted to USD 832.5 billion (around KRW 958 trillion), ranking 15th among comparable countries. But our economic policies are still focused on growth-first and distribution-later. As Keynes pointed out, the fruits of economic growth are not distributed to all the people. Since human desire knows no bounds, satisfaction of 'absolute needs' does not stop accumulation of wealth. A human being has a thirst for satisfaction of 'relative needs' which gives one the feeling of superiority over others. Seen from this perspective, discussions on distributive justice might be able to present answers to reflective consideration of the ills of 'growth for growth's sake'.
The proposition that proper distribution is possible through economic growth has not been proved despite remarkable growth of the world economy including South Korea during the past century. This results from lack of understanding of the nature of capital and human desires. Especially in South Korea, which continued with the policies of economic growth centered around Jaebeols (conglomerates) under the banner of ‘growth-first and distribution-later' regardless of the ideal of a social state which is a constitutional principle and was confronted with the Asian foreign exchange crisis of 1998 and the global financial crisis of 2008, balanced growth of the national economy and more equal distribution of wealth, the primary goals of a social state, still remain unsolved constitutional tasks.
The existing of Korean Constitution is prescribed Article 119. However, it is true that the concrete meanings or normative contents of the Economic Order under the current Constitution are abstract and ambiguous compared with other constitutional principles in that the contents are too abstract and ambiguous. The state goals should be set up and proper guidelines for interpretation of the Constitution should be presented.
In conclusion, we should think about the public benefit because Article 119 exist for the people.

영어초록

According to the World Bank's report published on July 7, 2010, South Korea's GDP in the previous year amounted to USD 832.5 billion (around KRW 958 trillion), ranking 15th among comparable countries. But our economic policies are still focused on growth-first and distribution-later. As Keynes pointed out, the fruits of economic growth are not distributed to all the people. Since human desire knows no bounds, satisfaction of 'absolute needs' does not stop accumulation of wealth. A human being has a thirst for satisfaction of 'relative needs' which gives one the feeling of superiority over others. Seen from this perspective, discussions on distributive justice might be able to present answers to reflective consideration of the ills of 'growth for growth's sake'.
The proposition that proper distribution is possible through economic growth has not been proved despite remarkable growth of the world economy including South Korea during the past century. This results from lack of understanding of the nature of capital and human desires. Especially in South Korea, which continued with the policies of economic growth centered around Jaebeols (conglomerates) under the banner of ‘growth-first and distribution-later' regardless of the ideal of a social state which is a constitutional principle and was confronted with the Asian foreign exchange crisis of 1998 and the global financial crisis of 2008, balanced growth of the national economy and more equal distribution of wealth, the primary goals of a social state, still remain unsolved constitutional tasks.
The existing of Korean Constitution is prescribed Article 119. However, it is true that the concrete meanings or normative contents of the Economic Order under the current Constitution are abstract and ambiguous compared with other constitutional principles in that the contents are too abstract and ambiguous. The state goals should be set up and proper guidelines for interpretation of the Constitution should be presented.
In conclusion, we should think about the public benefit because Article 119 exist for the people.

참고자료

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