빈곤에 대한 헌법적 접근 - 사회적 기본권 및 헌법원리 실현을 통한 빈곤극복의 과제와 복지재정지출의 한계 -

With the rise of the modern welfare state, we have come to value and recognize the quality of life and the nation has taken on the significant responsibility of protecting the poor people. In protecting the poor and overcoming the poverty, which is not only the problems of individuals but also the social problems that the nation carries a duty to overcome, this article suggests that the national government shall try to establish the poverty policies and put more efforts to change the social structures. Since the poverty is based on a social structural problem, for example, "market failure", we have to find out more concrete constitutional interpretation to support the poverty elimination policies. The nation that has lead efforts to legislate framework acts as to social welfare rights and to implement poverty policies should also care about the overall level of the living conditions of the poor. In this regard, this article examines the constitutional grounds of the social welfare rights and policies, and tries to analyze and evaluate the policies of increasing fiscal spending in the area of welfare in order to overcome and eliminate the poverty in Korea. In addition, this article introduces U.S. cases, such as, Paygo Act and Budget Control Act, etc. to get visions and implications from U.S. statutory cases to deal with the fiscal deficit in recent years. In conclusion, this article insists that since the poverty derives from the social structural problem, the nation shall play an important role in making the poverty policies and fiscal spending policies better for the poor, well balancing interests between the goals of poverty elimination and the management of balanced budget.