경제발전을 위한 법치주의 - 사회적 신뢰와 협조의 기초인 법과 법치주의를 중심으로 -

In politics and jurisprudence, the greatest concern of the rule of law has been the human rights. But recently economists show interests in the rule of law as conditio sine qua non of economical development and sustainable development. Why does economical development go along with the rule of law? This is the major question to answer in this article. There are two answers; the traditional answer and a new answer. The traditional is an individualistic answer regarding the clearness and predictability of the law, rational choice of the individuals and equal protection in free market. A new answer argues that the rule of law is the most important element of the social capital which enhance the social trust, cooperation and co-assistance. In Chapter Ⅱ, I refer the thin and thick definitions of the rule of law, Lord Bingham's lecture on the rule of law and the Declaration of Delhi. In Chapter Ⅲ, I introduce economists' recent studies on the rule of law and good governance. And I examined the Governance Indicators of Korea offered by the World Bank, Institutions Pillar Ranking of Korea offered by World Economic Forum. In Chater Ⅳ, I answer the question why economical development goes along with the rule of law on the base of reciprocal behaviors and the social capital theories. In Chaper Ⅴ, I examine the obstacles interrupting the development of the rule of law and economical development in Korean society. I argue that the social distrust, the negative view on the law and government, the excessiveness of political struggles, low qualities and bad attitudes of public officials and insufficient rationality of the statutes settle the low level of the rule of law in Korea. In Chapter Ⅵ, in conclusion, I propose two long-term policies to enhance the social capital and the rule of law; to increase the investment on the public law education and the courts.