요 약 1
I. 서 론 8
1. 연구배경 및 목적 ····················································································8
2. 연구범위 ································································································10
II. 헌법 제119조의 의미 11
1. 헌법 제119조의 연혁 ············································································11
2. 헌법 제119조의 내용 ··········································································12
가. 헌법 제119조 제1항 ······································································12
나. 헌법 제119조 제2항 ······································································14
3. 헌법 제119조 제1항과 제2항 간의 관계 ··············································15
Ⅲ. 헌법 제119조에 비추어 본 한국경제 실태와 문제 17
1. 자유와 창의 ··························································································17
가. 경제상 자유와 창의 ········································································17
나. 경제 침체 ·······················································································27
다. 미래 성장 동력 ··············································································30
2. 균형성장과 안정 ····················································································32
가. 대･중소기업 간 불균형 ··································································32
나. 산업부문 간 불균형 ········································································35
다. 수출과 내수의 불균형 ····································································38
라. 경제적 안정 ···················································································39
3. 소득분배 ································································································41
가. 소득불평등 ·····················································································41
나. 불평등 원인 ···················································································42
4. 시장지배와 경제력 남용 방지 ································································46
가. 경제력 집중과 대기업집단 ······························································46
나. 내부거래 ························································································53
다. 불공정행위 ·····················································································60
라. 법 집행의 불공정 ···········································································67
5. 경제주체 간 조화 ··················································································68
가. 사회적 갈등 ···················································································68
나. 복지수준 및 사회안전망 ·································································71
다. 공동체의식 ·····················································································74
6. 문제점 ···································································································77
가. 자유와 창의 ···················································································77
나. 균형성장과 안정 ·············································································78
다. 소득분배 ························································································79
라. 시장지배와 경제력 남용 방지 ·························································80
마. 경제주체 간 조화 ···········································································81
Ⅳ. 헌법 제119조와 공정경쟁 간의 관계 83
1. 공정경쟁 ································································································83
2. 경제상 민주주의의 기본가치 ··································································84
3. 헌법 제119조와 공정경쟁 ·····································································85
Ⅴ. 헌법 제119조 구현방안 87
1. 공정경쟁 기반 조성 ···············································································87
가. 주요국의 사례 ················································································87
나. 공정경쟁질서 확립 ·········································································89
다. 경제성장 패러다임 전환 ·································································91
라. 제4차 산업혁명에 대응 ··································································93
2. 경쟁제한 및 불공정행위 규제 ································································95
가. 대기업집단 규제 ·············································································96
나. 내부거래 규제 ················································································99
다. 대규모 소매유통업에서의 불공정행위 방지 ···································103
라. 전속고발권 폐지 ···········································································105
참고문헌 108
