사회행정법영역의 구축에 관한 시론적 고찰

This paper deals with exploratory study on “Social Administrative Law (Sozialverwaltungsrecht)” as one part of special administrative law (Besonderes Verwaltungsrecht). First, it is necessary to establish concept of “social value.” In its strictest meaning, “values which are basic to human life such as welfare, health, education, and housing.” Furthermore, strict meaning can encompass “provision of social service & job opportunities, and contribution to community”. In a large sense, social value can include “environmental value”, and in a largest sense, it can encompass protecting small and medium-sized enterprise (SME) and corporate social responsibility (CSR). Second, “Social Administrative Law” field, which involves strictest & strict meaning of “social value”, should be established to understand legal regime of social security law & social market law systematically. Furthermore, principle of solidarity and cooperation, principle of responsibility based on autonomy can be deemed as a general principle of “Social Administrative Law.” From the perspective of administrative action types, active use of “public contract” is recommended in this field. Third, “social value” should be actualized in its comprehensive relationship between public law and private law. Social welfare corporation, in its organization, both of public and private law aspect should be balanced. Furthermore, “social value” and “profit making” should be balanced in social enterprise and corporate social responsibility. (CSR)