헌법적 관점에서 본 기후 위기 대응과 중소기업 정책의 과제

The climate crisis affects every domain on a global scale, demanding a massive paradigm shift for both small and medium-sized enterprises (SMEs) and national SME policies. This is why the issue must be examined from a constitutional perspective. The relationship between SMEs and large corporations is not only a traditional task of SME policy but also a crucial theme in responding to the climate crisis. The ‘G’ (Governance) in ESG must encompass both internal and external corporate governance. The obligation to heal the global crisis should follow the principle of “Ability-to-Pay” (capacity), much like the obligation of tax payment. In the context of climate crisis response, corporations are not merely subjects of fundamental rights but addressees of constitutional obligations. While corporate personhood regarding fundamental rights is limited to their relationship with the state, large corporations are also addressees of constitutional obligations in their relationship with SMEs. Corporations and capital are subjects of regulation under a global ecological constitution, just as significant as the state. The state’s mission is to robustly regulate and facilitate these constitutional obligations of corporations. In particular, the state must provide direct support so that SMEs can fulfill their constitutional tasks in responding to the climate crisis, and establish institutional frameworks that allow SME self-help organizations to participate in climate crisis governance.