대한민국 헌법의 경제이념과 제119조의 한 해석: 지배의 정당성 대 민주적 정당성

Article 119 in our Constitution of The Republic of Korea, which is often Article of so called “economic democratization”, was directly born as a result of “June 1987 Democratic Movement”. However we need to examine the full constitutional history since 1948 constitution for the proper understanding of all the aspects of the Article 119. The constitutional history around the Article 119 shows that it contains full of tensions and contradictions within it. On the one hand, this paper showed that Article 119 (2) (often called the article of “economic democratization”) in 1987 constitution could be born on the condition that 1948 Constitution of The Republic of Korea already contained the idea of socio-economic democracy, and further advanced it. However, on the other hand, this paper also showed that Article 119 followed the idea of 1962 Constitution of The Republic of Korea, not 1948 one, and it have elements of economic liberalism, not social justice and equalitarianism. Furthermore, this paper showed there is some sort of paradoxes around Article 119 in 1987 constitution. The paradoxes mean that article (2) of economic democratization was proposed by the conservative party and article (1) was proposed by the democrative party, which is contrary to the common sense.