기본소득의 헌법적 정당성에 관한 시론적 고찰

As a new alternative to overcome the limitations of existing welfare policies, basic income is attracting global attention. There are cases of institutionalization of basic income already, and studies are being actively carried out in various academic fields. Basic income is no longer just an ideal system. Therefore, discussion from the normative viewpoint is necessary. This normative argument should be based on examining the constitutional grounds and legitimacy of basic income. Therefore, this paper examines the constitutional basis and justification elements of the basic income with summing-up of significance and characteristics of the basic income, and the arguments in favor of and against the basic income. Basic income is a periodic cash payment unconditionally delivered to all on an individual basis, without means-test or work requirement. That is, basic income has the following five characteristics: Periodic, Cash payment, Individual, Universal, Unconditional. With these characteristics, basic income can eliminate welfare blind spots, prevent stigma effects, and reduce administrative costs for welfare. It can also be expected to promote communal spirit and diverse cultural development. However, There is a sharp conflict of opinion on the problems: destruction of labor ethics, ignoring of social responsibility, and financial resources. In the Korean Constitution, we can find some basis for supporting basic income. The most important examples are Human worth and dignity and right to pursue happiness in Article 10, the Principle of Welfare State and right to a life worthy of human beings in Article 34 (1), and the Principle of Democracy requiring true freedom and political participation. In addition, basic income can contribute to the realization of the constitutional task of efficient and balanced utilization of land and resources and environmental protection, since taxes or funds related to the environment or resources are the main resources of basic income. Furthermore, basic income can be expected to have a positive effect on the equality of the sexes by stabilizing and supporting women's labor and economic independence.