경제영역에 대한 법체계의 대응- 경제민주화 담론과 관련하여 -

The discourse about “economic democratization” which has been recently one of the most important issues in our society is related to the question of how law should respond to economic area. Those who support economic democratization argue that law must intervene actively in economic area in order to achieve the democratization of economic area. In contrast, those who criticize the discourse about economic democratization and emphasize the autonomy of a market assert that law should not intervene in economic area. As the debate showed, we still have not reached a certain consensus on economic democratization. In this situation, this article deals with the question of how law has been responding to economic area from a social historical perspective in order to seek a desirable direction of economic democratization. To limit the scope of discussions, this article aims to analyse the economic legal policy from Park Chung-hee’s to Lee Myung-bak’s government. First, as a starting point for discussions, this article presents three models about the relationship between law and economy: subordination model, regulatory model and autopoietic model (II). According to the subordination model, law is just an instrument dependent on a state or economic systems. According to the regulation model, however, law as an autonomous regulatory system can regulate economic area. In contrast, according to the autopoietic model, law can not regulate economic area successfully even though law is an autonomous and autopoietic regulatory system. Based on these three models, this article explores the question of how law has been responding to economic area by using three main analysing steps (III). Finally, the author presents his personal idea about the economic democratization issue shortly (IV).