기본소득에 대한 헌법적 검토

Abstract

There are three main topics which are concerned with the Basic Income(BI) in this article. In the First place, what is Basic Income and it's historical backgrounds. BI is "a periodic cash payment unconditionally delivered to all on an individual basis, without means-test or work requirement." BI is considered as a effective socio-economic policy to reduce social PolarIzation and poverty. The concept of BI begins with French politician Condorcet and English Enlightenment thinker Thomas Paine. Their liberal and republican ideologies result in a more humaine and guaranteed economic system like BI for better and dignified human condition. It is correspond to the aims of current BI movement. And then, an analysis of ideological basis of BI is attempted in this study. BI is used to get involved with welfare policy and civil rights. Of course it is well suited to the thoughts of the father of BI. But it hasn't to be ignored to the fact that BI is originated from republicanism. In order to clarify the ideological foundation of BI, it is tried to analyze socio-economic republicanism and civic economy. Republican values like human dignity, substantive liberty and equality, and public welfare are main goals of BI. Both of them have much alike historical, ideological roots according to this article's point of view. At last, BI could give rise to various constitutional debates in it's institutionalization. In this study, it is tried to discuss four main issues. First, it is reviewed BI can be in accord with Fundamental democratic order in Korean Constitution. Second, how BI is to do with 'property rights' and 'the private ownership system' will be illuminated. Third, whether BI infringes upon people's 'rihgts to equality' and 'Priciple of taxation equality' or not is analysed. Lastly, what is the constitutional basis of BI and is there any revision of the constitutional law needed are also dealt with. Basic Income is a effective alternative to poverty relief and mitigation of social inequality. It is not the absolute solution to all of the problems korean society faces. But it is clear that BI will liberate humans much more and reduce social Polarization in this country.