The Reforms for the Market Economy of Korea Constitution

• 발행기관: 세계헌법학회 한국학회
• 저자명: Jung Young Hoa
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第15卷 第3號, 1~32쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.31

영문 초록

This Paper is concerned with the limits between rule-of-law and economic development, and a trade off an economic democracy and political democracy in South Korea from 1945 to 2010. In chronically five stages of the economic development and law is analysized as followings: The first stage(1945-1960): the command economy had the provisions of Constitution and had relied upon three elements. Putting off a privatization to expropriate Japanese properties and Authoritarianism and dictatorship in political system and no establishment market incomplete administration and infallible scarcity The second stage(1961-1987): the beginning of a mixed economy in according to the Coup. A Strong State on the basis of 5-year-Economy-Development Planning focused on a principle of free enterprise and private initiative, but practiced a direct intervention in private economic actions and a indirect guide to industry and import policy. In particular, there were insufficient intermediary institutions to sustain a market economy, because government paid attention to foster private enterprises and economic market. The dictatorship replaced a rapid economic development of political democracy as its safety-net of political regime in 1970s. The third stage( 1980-1987): this period was so called a post-mixed capitalism. The second Coup's government caught a slogan "small government", it breached the rule of law and was against a political democracy at that time. That government managed economic policy under the direct and Indirect Control on the private enterprises such as ‘social market economy'. However government enacted the anti-monopoly Act of 1980 to check the market competition against big companies. In particular, amendment of constitution was due to of Citizen's Protest in 1987 and is compromise between Leftism and conservatism in political area resulted in "Economic Democracy" provision (Article 119) of Constitutional Law. The fourth stage (1988-1997): this period was called Post Democracy. In 1992 ‘Civil Government reformed institutions to foster market economy and political democracy as followings: Cleaning off "Coup military group", preparing for "Globalization" and "Open Economy" to take part in OECD. However civil government did not realized an Institutional reform to establish "Rule-of-Law State, and Market Institutions of ‘hard state', but it confronted with ‘foreign currency crisis' 1997. The excessive political democracy resulted in an economic crisis and hard state. The fifth stage(1998-2007): This period was called an Economic Democracy and Populism. Market Economic Democracy could not guarantee national prosperity, but brought about populism, and it distorted the role of law and market mechanism i.e., regulation policy of real property, imposed an excessive taxation in the name of neo-liberalism and recycling from economic democracy to political populism. Economic Populism leads to soft-state (centralized government), sequentially failed in both market and government and informed the value of rule-of-law State to next government! Populism breached the limit of rule of Law and market This Paper is concerned with the limits between rule-of-law and economic development, and a trade off an economic democracy and political democracy in South Korea from 1945 to 2010. In chronically five stages of the economic development and law is analysized as followings: The first stage(1945-1960): the command economy had the provisions of Constitution and had relied upon three elements. Putting off a privatization to expropriate Japanese properties and Authoritarianism and dictatorship in political system and no establishment market incomplete administration and infallible scarcity The second stage(1961-1987): the beginning of a mixed economy in according to the Coup.

목차

Ⅰ. INTRODUCTION

Ⅱ. The Relationship between State and Market in Constitution

Ⅲ. Rule of law and Market Economy

Ⅳ. Conclusion : From State To Rule-of- Law

키워드

rule-of-law and economic development mixed capitalism economic democracy and populism value and limits of rule-of-law state