일감몰아주기 규제의 전제로서의 사회적 시장경제질서와 경제민주화

The present korean Constitution had provisions on the economy from the First Constitutional Constitution, and the economic order in the first constitutional constitution is based on the social market economy order. In order to achieve social welfare, social justice and economic democratization, economic democratization should be achieved through harmonization among economic actors in the social market economy order that partially accepts state regulation and adjustment. Economic democratization is based on the spirit of republicanism. Therefore, we can not find a constitutional argument to view political democracy and economic democracy differently in the republican social market economy order, and economic democratization is to achieve an economic equality without hindering the efficiency and dynamism of market economy based on individual economic freedom. And to achieve the greatest possible degree, it means that freedom and equality should be practically realized in economic relations. The fact that the affiliates in the group of large corporations work for specific affiliates, and that the affiliates gain profits and consequently the major shareholders of the affiliated companies that receive the work gain profit, is so-called the providing with works, which are the unfair and unlawful means of inheritance of the Chaebol. In conclusion, the problem of the statutory laws, the Inheritance Gift Tax Law, the Fair Trade Act, and the Commercial Law, which are the legislative legislation on the issue of providing with works, should be solved in terms of economic democratization.