경제에 대한 국가의 법적 기본질서로서 경제헌법

“The economic constitution” is a basic legal order of the state on the economy, that guarantees the values of a economic life as constitutional basic rights, and governs the basic and important points with respect to the order of a economic life. Therefore, “the economic constitution” is understood as the discipline necessary to the role of the state to promote economic stability and development of the whole community in order to realize the interests of the public, as well as to ensure fundamental values of economic individuals. How to realize each economic life of individuals would vary depending on how to establish the economic order in the community. If a basic unit that can justify and decide the order of economic lives for themselves is called ‘a economic community’, the supreme law of the state as such a economic community on the economy, may be called “the economic constitution”. This is related to the normative standards of the legislative, executive, and judicial on the economy, and the economic constitution embodies ‘economic orders’ that should be fair as well as free, that is social market economy. Furthermore, under “the economic constitution”, which is embodied as the social market economy, the involvement of the state in the economy is not unusual phenomenon, but rather inevitable. And it premises “qualitative change” for the understanding of the market economy from which to the social market economy.