복지 담론의 변천에 대한 입법학적 접근: 사회적 기본권에 대한 이해를 중심으로

As the financial crisis was extended and the polarization was deepened, people pay more attention to the social welfare systems. Even the conservative, who have been relatively reluctant to look at them, have changed their mind about the issues on social welfare. However, the fact that we have strongly fixed aspirations on the economic growth in the Korean society asks more persuasive discussions on the welfare issues for the change of welfare concept. In this article, the writer tries to analyze the discussions on the welfare issues in the National Assembly and to put forward better ways to perform more active welfare policies. Especially, discussions on typical legislations in four different governments after democratization period(late 1980s) are selected and studied. For stronger persuasion, the writer find the clue to overcome the traditional myth of economic growth in terms of the heightened protection of the social rights. The theory of the cost of rights, presented by Sunstein & Holmes, help this project for its changed concept of liberty and social rights.