경제규제입법의 한계와 개선과제 - 경제민주화 관련 논의를 중심으로 -

Abstract

In line with recent expansion of new liberalism trends, differences appear between business groups and conservative groups in application and interpretation of economic democratization as mentioned in Paragraph 2, Article 119 of the Constitution. The assertion that economic democratization shall be viewed from the harmonious standpoints between economic entities, not from regulatory ones even becomes stronger so as to propose a constitutional amendment. Today, the increasing polarization between rich and poor that appeared under the influence of new liberalism applies as a serious element of separating society. If the wage gap between chief executive officers and workers in 1980s was 40 times in 1980s, today the gap greatly increased by about 300~400 times. In spite of the fact, recently the Korean government took various actions for economic democratization and provided government grants to an enterprise whose managerial situation is worsened, there are many cases and trends which make economic democratization difficult. For example, zombie companies are prevalent, and an enterprise being provided with government grants, going through reorganization procedures, commits accounting frauds with regard to lots of tax revenue. Because the general public has various expectations from the slogan of economic democratization, it is very likely that the policies carried out under the slogan of economic democratization fail to meet the expectation of the general public. Also, to secure freedom of individuals, it is important to set rules which restrict an area where a nation's right to disposal arises to an area formed by agreement. Such a state in which democracy is realized is called to as 'Restrictive democracy', 'Free democracy'. New liberalism which has denominated the world economy up to now caused an anxiety reduced job, reduced welfare, deepened gap between rich and poor, etc,, resulting in sluggish world economy and occurrence of Brexit, etc. Accordingly, the present world economic crisis that is rapidly returning to neoisolationism is rapidly expanding into the entire world. Under these situations, now Korea is urgently required to make and materialize balanced economic policies enabling Korea to cope with the worldwide economic crisis and rectify the weighted phenomena of wealth. Though there is no a secret method to be able to solve income inequality, it is necessary to enforce regulations to weaken to some extent the monopolistic power structure of an enterprise which mass produces low-wage workers. However, social wasteful phenomena and separation must be prevented that arise from differences in interpretation and viewpoints of Paragraph 2, Article 119 of the Constitution, by clearing disclosing provisions forming grounds for such restriction from Article 1 and Paragraph 2, Article 37 of the Constitution.