헌법상 경제질서조항에 근거한 경제정책에 대한 사법심사

Economic policy has its roots in the free market system. and the economy nowadays functions as the most important part the state and the life of people. The constitution, the uppermost highest norm of state, regulates it with a clear written article as well. The Korean constitution has had a chapter of economy since the founding of the nation, and its basic contents have been ensued to the current constitution. The current constitution defines economy at Chapter 9, and Article 119 defines the function and role of state on the economy. This Article defines the contour of the Korean economic order, and the intervention and mediation of the state toward it as well. Due to this article, scholars are giving various opinion on the issue but the majority interpretes it as a declaration of social liberal economic order. Considering the contents of Korean constitutional law, which is grounded on the basic principles of social legal state under democracy, it can be inferred that the county has on one hand a liberal market economy. On the other hand, it has an aspect of social market economy considering its declaration of social state principle. The intervention of state in the economy is only possible under constitutional order, and only in cases where the guarantee of basic rights is in need. The economy in the moerden society is essential in determining a nation's fate. Korean constitution regulates the national economy through a written Article, which makes us think once more of its meaning. And it is important to conform economic policies and their application to the purpose of the constitution.