사회국가와 사회적 정의 실현에 관한 헌법적 연구

Our country ended the Japanese colonial period in 1945, but was divided into North and South. In 1948, the Republic of Korea was established in the southern part of the Korean Peninsula. However, on June 25, 1950, North Korea invaded the South, and we suffered the pain of fratricide. Since then, our country has been advancing to become an advanced country through economic development, but on the other hand, we have been experiencing many difficulties in realizing democracy due to political backwardness. However, our country has already entered the ranks of an advanced country economically. Since its enactment in 1948, the Constitution has included economic provisions and viewed the national economy as a constitutional matter. The economic provisions of the Constitution have been stipulated as an independent chapter of the economy in nine constitutional revisions. However, the economic provisions of the Constitution have experienced changes that pursue a social economic order based on a free market economy. The Constitutional Court also views the economic order of the Constitution as a social economic order or mixed economic order, and is incorporating the principle of a social state to realize social justice in the economic sphere. The current Constitution aims to realize social justice, which is pursued by a constitutional state, by seeking to guarantee the maximum protection of basic rights based on human dignity and value. Although the Constitution does not directly and specifically mention justice, it seeks to establish a constitutional state through the realization of justice. The realization of social justice is to guarantee a humane life based on human dignity and value. The humane life that the Constitution demands is the guarantee of food, clothing, and shelter, which are basic conditions that a human being should enjoy. In the Constitution, the guarantee of food, clothing, and shelter guarantees the right to a humane life. To this end, the Constitution imposes on the State the duty to make efforts to realize social security and social welfare. Accordingly, various social security and social welfare laws are enacted and implemented. The social state principle formed based on social basic rights and various provisions of the Constitution is an important constitutional basis for guaranteeing a humane life and realizing social justice. Furthermore, the Constitution stipulates a market economy based on capitalism based on the private property system. Therefore, the Constitution seeks to realize social justice through the realization of economic justice while guaranteeing the freedom and creativity of economic entities and pursuing the democratization of the economy through harmony among economic entities. It can be seen that the goal of the Constitution is to pursue the realization of social justice through the social state principle in the Constitution through these provisions of the Constitution.