南아프리카共和國 憲法上 社會權 保障에 관한 硏究

For people suffering extreme poverty, the guarantee of individual liberty under the constitution is inadequate to lead life on the bases. Those rights require the state to desist from interfering with the individual ambitions and aspirations of its people. Social rights impose a positive obligation on the state to do something in order to protect its people from the effects of poverty, disease, the housing problem and so on. From this point of view, social rights are no less important than civil and political rights to the poor. The early stage of constitutional adjudication under new constitutions, the South African Constitutional Court played a more limited role for itself on the social rights cases, such as Soobramoney and Grootboom decisions. But at the same time, the Court distinctly suggested the likelihood of more a special role in guaranteeing social rights by ordering a stronger remedies if the government's reaction to a decision of unconstitutionality is inappropriate. Indeed, the Court institutionalized in City of Johannesburg decision the system of a compromise between the government and civil society. According to this system, the government must negotiate with the citizens concerned and report the results of the negotiation to the Court within a certain period of time. The experience of the guarantee of social rights in the South African gives suggestions to the direction of enforcing social rights in the current Korean Constitution.