사회적 가치 관련 기본법의 법적 성격에 관한 소고

Recently, the term ‘social’ has been widely used in the Republic of Korea. It’s also been found in legislative bills. Among the bills with the term ‘social’, the social value-related framework acts - Social Value Act and Framework Act on Social Economy - are pending at the National Assembly. Both Social Value Act and Framework Act on Social Economy have a framework law as a legal system. In other words, regarding the type of their framework laws, they are a policy type when categorized by ‘characteristics’. When classified by ‘effects’, on the contrary, they are ‘class I framework act’. If categorized by ‘normative characteristics’, they have a general norm as a policy means. Considering such homogeneity in the type of these framework acts, the Framework Act on Social Value can be one of the Three Acts of Social Economy along with the Framework Act on Social Economy and Special Act on Social Economy Channels. Even though both the Framework Act on Social Value and Framework Act on Social Economy have the same characteristics of the framework act, social economy is just one of the systems and organizations to realize social values. Therefore, it is not appropriate to include social value norms in social economy standards. Instead, it would be more reasonable to understand such social economy-related laws as a category of social value norms or their implementation method.