인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
What makes our Constitution special is that it has the economy chapter. This chapter consists of 8 articles, from article 119 to article 127. The first clause of article 119 of this economy chapter starts as follows: “(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.” The second clause states, “(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.”
There is a controversy over the interpretation of this article, especially about the relationship between the first clause and the second clause. The first theory understands these two clauses in the “principle and exception” perspective, while the second theory understands these two clauses as an “ultimate economic goal” through combining with each other.
This study will discuss why the second theory is valid. First, it goes back to the Founding Constitution of 1948 to see the fundamental legislative intent under this article, based on the commentary book of the Constitution written by Yu, Jin Oh. Then, this paper will refute the first theory and support the second theory logically considering the structure of the Constitution. Lastly, it will reach a conclusion after exploring the cases of other countries to draw some implications.
There is a controversy over the interpretation of this article, especially about the relationship between the first clause and the second clause. The first theory understands these two clauses in the “principle and exception” perspective, while the second theory understands these two clauses as an “ultimate economic goal” through combining with each other.
This study will discuss why the second theory is valid. First, it goes back to the Founding Constitution of 1948 to see the fundamental legislative intent under this article, based on the commentary book of the Constitution written by Yu, Jin Oh. Then, this paper will refute the first theory and support the second theory logically considering the structure of the Constitution. Lastly, it will reach a conclusion after exploring the cases of other countries to draw some implications.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2016-360-002864440