새로운 국가역할 모델로서 보장국가론의 의미와 가능성

This study examines many issues that cause a dispute about new roles of state and evaluates the Ensuring State Theory receiving attention from german academia of public law. Today the society has been suddenly changing with the development of science and technology making a change to the states’ roles. There is a growing need for the science and technology order amicable to human. As many risk factors increase, the importance of safety is being emphasized. A number of efforts are needed to keep our human society safe and health to response many crisis issues with sustainability. The Ensuring State Theory formes an idea of the state that does not directly provide benefits for their people’s livelihood, but entrust civil organizations to play the role to deal public tasks. The Ensuring States take count of private-public partnerships to provide structural frameworks to let social autonomy work smoothly and establish appropriate legal frameworks. Recently, this ideas are actively discussed in South Korea. This model of the roles of state has many advantages as follows. Especially, it can help us to understand the features of current national operations and status of states. it also is offering unique way to solve the modern states’ contradictional situation to seek regulation and autonomy at the same time. However, despite many advantages it can not be ignored that the idea is on a path to progress and lacks clarity and experience in specifics yet. It is also difficult to mix regulation and autonomy in an effective way. It remains to be seen whether or not the Ensuring State Theory is really appropriate to current states’ situation living up to people's particular expectations through a process to overcome the above problems.