법적 개념으로서의 “사회적 가치”에 관한 일고찰

‘Social value’ has recently been one of the hottest topics in the field of social science, and as the world experiences COVID-19, the value of mutual, solidarity, cooperation and coexistence has become more important. However, in the field of law, social value is a concept that has not been seriously discussed. In light of the discussion about the social economy, where the realization of social values ​​is the main task, seeking the appropriateness of the concept of ‘social value’ as a concept of law is ultimately to establish the concept and category from the point of view of law, especially legislative. Theoretical and practical discussions should be held together. In order to define the concept of social value as a concept of law from the point of view of ‘autonomy of law’, one of the characteristics of modern law, this article first secures the existing conceptual indicators in social science, while variously developing public interest in the public interest theory. Considering the comprehensiveness of the concept, social value is defined as “the public interest (or value) pursued by society.” Specifically, the task of categorizing this concept should be understood as a process of embodying the public interest by the legislature, and in this process, it should not be mistaken for simply understanding it as the same concept as the social fundamental right in the Constitution. Finally, in this article, the authors would like to propose the principle of republicanism, which is a principle corresponding to liberalism based on individualism, as a constitutional principle that will be the basis of the discussion of ‘social value.’