?????法之?史、??、??的宏?展望

초록

This paper examines the path that the Korea’s economic law has taken, diagnoses the present situation, and proposes the road ahead. Concept and Category of Economic Law in South Korea (1) In the early days, the basic concept of Korea’s economic law was influenced by German economic law(Wirtshaftsrecht). The term “economic law” has emerged as a concept to comprehensively grasp the numerous legislations on state intervention in economic activities that were enacted in Germany after the First World War as a background of social and economic transformation. South Korea(officially ‘the Republic of Korea’, hereinafter ‘Korea’), China, and Japan, which are in the same Chinese characters culture, use the term "economic law(??法)." In the United States, antitrust laws have developed, but there is no separate legal entity called the economic law. There is no single law that has the name of “economic law” in Korea. Nevertheless, there is no doubt in accepting the economic law as an independent legal department. For a while, there was a debate about the scope of economic law in Korea, but it is the dominant view that the economic law includes the laws by which the government regulates economic affairs in order to establish the economic order properly from the point of the national economy as a whole. This understanding of the concept of economic law is generally similar in Germany, Japan, Korea, and China. Unlike in Germany or China, the debate on the concept of economic law in Korea was not intense. According to the conventional view on the concept of economic law, the economic law is characterized by ① national economy(not private economy), ② national regulation(not private autonomy), ③ public interest(not private profit), ④ broadness, and ⑤ variability. If the law is divided into public law, private law and social law, economic law belongs to social law along with labor law and social security law, etc. ...