단체자치, 그 의미와 한계: G. Teubner 사회헌법론을 중심으로

Collective autonomy means that an private organization autonomously determines the norms for the establishment, composition and operation of itself and acts in accordance with these self-government norms. Collective autonomy is a means of protecting the autonomy of an private organization from the state power, and also the pluralism in society. On the other hand, if the autonomy of the group is emphasized, an private organization imposes the inherent color of the group on internal members and an private organization which acquires social power tends to impose its own logic outside the organization. Thus, the limitations on collective autonomy is sometimes carried out through transposing the democratic institutions in the private organization, and sometimes through recognizing the horizontal effects of constitutional rights. In relation to this subject, Gunther Teubner, on the basis of the constitutional concept beyond the nation state, finds constitutional phenomena in the code of conduct established by the transnational corporations and provides a prospective understanding on the relationship between collective autonomy and its relations to public law order. The purpose of this article is to revisit the meaning and limit of group autonomy based on Teubner’s theory of societal constitutionalism and to draw its theoretical implications on public law.