개헌논의에서의 시사점 도출을 위한, 대한민국 경제헌법 개정사 일고(一考) ―1962년 헌법부터 현행 헌법까지의 분석을 중심으로―

Abstract

This study looks through the amendment history of economy clauses(Article 119-Article 127) in Korean Constitution from Constitution of 1962 to Current Constitution, and after that, derives implications to ongoing discussion on constitutional amendment, especially the “March 2018 bill” proposed by Korean President Moon. The followings are several main points. First, unlike those of other countries, in Constitution of Korea, there is separate chapter concerning “economy.” However, there have been few discussions whether the economy clauses need to be maintained or not. We should reconsider the economy clauses are necessary up to the present time. Second, the clauses which were established by the influence of periodical background continuously remain, like Article 120, Article 122, Article 123 concerning “Saemaeul Movement”, “5-year economic development plan,” and Article 121 concerning “farmland reform.” We should reexamine the content and the necessity of those clauses in a way of looking back on the past. Third, meaningful discussions have not been reflected enough. We should recognized that there were 3 conflicting opinions on introducing “consumer protection movement” clauses and that the characteristic and the structure of Presidential Advisory Council for Science and Technology has been sidetracked compared to beginning discussion on introducing that organization. Fourth, the regulation and control of the state has been strengthened. This point can be derived from the contrast of Article 119 (1) and (2), the reinforcement of “public concept of land ownership”, and the expansion of regulation object of Article 123. We should review the necessity of keeping the strengthened regulations.