경제기본권과 경제질서에 관한 연구

Abstract In a modern country, the economy is the most important area of ​​state administration. Economic development can be said to be the driving force that drives the development of a country. The fate of a country is determined by how it manages its economy. The economy also plays an important role in today's criteria for distinguishing between advanced and underdeveloped countries. A country's economic capacity is determined by the gross domestic product, which is the sum of the market value of final products produced domestically over a certain period of time. A country's economy is not limited to the country but is included in the global economy and moves. A national economy is mutually influenced by and forms relationships with the economies of other countries in the midst of globalization. In this way, the global economy established order through the Uruguay Round in the latter half of the 20th century and formed a new order by creating a World Trade Organization (WTO) system, creating regional organizations for economic cooperation and concluding free trade agreements (FTAs) for tariff exemption between countries. Since concluding an FTA with Chile in 2004, our country has continued to follow the flow of the global economy by expanding to Southeast Asian countries, Japan, the EU, and the United States. Of course, our country experienced a financial crisis after the IMF foreign exchange crisis, and since 2020, the economic crisis has continued due to the lockdowns of each country due to COVID-19. In particular, our country is experiencing increasing anxiety about the economic crisis as political turmoil worsens. In order to overcome the economic crisis, political stability must come first, and the economic environment must be free and stable. Our country protects the economy normatively by stipulating economic fundamental rights and economic order in the Constitution, which is the highest norm of the country. Therefore, the Constitution must guarantee economic fundamental rights to the greatest extent possible and protect economic order to the greatest extent possible. In particular, since the Constitution adopts capitalism and protects the private property system, it is necessary to devise measures to guarantee this to the greatest extent possible.