국가목표규정에 관한 비교법적 연구 = A Comparative Constitutional Study on State Goals Clauses

다국어 초록 (Multilingual Abstract)

State objectives outline the content of future state activity. However, the decision of whether to take action, when to act, and what means to employ to implement the goal set forth in the state objective remains at the discretion of the legislature. Most importantly, state objectives do not provide individual rights. Thus, no actionable rights for citizens arise from the state objective. State objectives do, however, have an obligatory character in the sense that they command to the state adherence and realization of certain goals. Germany`s constitution, the Basic Law, contains several provisions designed as state objectives covering a broad range of topic areas: environmental protection, the social state principle, European integration, maintenance of peace, and fiscal responsibility. The State objectives are even more frequently found in state constitutions of Germany. Following reunification, the question of including state objectives instate constitutions was raised, especially in connection with the drafting of new constitutions for the eastern German states. Eventually, such provisions were included in all newly drafted constitutions, including, but not limited to, environmental protection, employment, housing, art, and sports. Constitution for Europe of 2004 has a special chapter for state objectives. That contains european integrating factors: peace, the well-being of its peoples, internal market where competition is free and undistorted, sustainable development, social justice, solidarity, promoting its values and interests. The Switzerland Constitution of 1999 has also independent chapter for social goals. It has concrete state goals, which the swiss federation must further: social security, the necessary care, work under adequate conditions, education and training according to their abilities, protection children and youths. State objectives in Korean Constitution have diverse forms, which range from abstract purposes to concrete goals. Regarding to the state objectives, Korean Constitution has some problems. It lacks of state binding power clause, and it has no important state goals such as actual implementation of equal rights for women and men and social state clause.