대한민국 제헌헌법상 경제질서의 사회국가적 성격 검토

The purpose of this article is to analyze the economic order in the first constitution of Korea from the perspective of the social state and to examine the meaning and limit of the said perspective, to interpret the political and social meaning of the economic order in the first constitution, and to elucidate the connotation of the economic order in the current constitution. The economic order in the first constitution, which prescribed the achievement of social justice and the balanced improvement of the national economy, based its principles on the collaborative harmony of the political democracy and the economic and social democracy, and aspired towards the social state pursued by the Weimar Constitution. The first constitution had strong inclination to maintain the status quo of the economic and social order created through the period of the U.S army military government in Korea, and to gradually absorb the conflict of the classes to the capitalist system. The article of the first constitution dedicated towards socialization did not reach the level of the socialization pursued by the Weimar Constitution, and the article of farmland reform was limited to guarantee publicness of the land possible within the capitalist system. The separation of politics and the economy, or the collaborative harmony of the political democracy and the economic and social democracy pursued by the economic order in the first constitution, was closer to the order liberalism of W. Eucken that excluded the 'Third Way', than to the route of the Social Democratic Party of Germany(SPD). The economic order of the first constitution did not exclude the 'Third Way'; however, the anti-communism after the Korean War caused difficulty the pursuit of the 'Third Way', and the exchange of the 'social' aspects with nationalism caused the approach towards economic development led by the government.