기본사회의 규범론적 재구성에 관한 시론(試論)

초록

The discourse on the Basic Society in Korea has largely remained confined to policy slogans or the expansion of individual welfare measures. This article reconceptualizes the Basic Society as a normative and institutional framework aimed at the integrated reconstruction of the conditions of citizens' lives, and examines its legal character and pathways for institutional realization. Grounded in constitutional theory, social law, welfare state theory, and well-being economics, the article argues that the Basic Society should be understood not as a new fundamental right or a single policy instrument, but as a contemporary reinterpretation of constitutional demands derived from human dignity, the principle of the social state, and social fundamental rights. It identifies five core components of the Basic Society and discusses three institutional pathways for their realization. The article argues that the Basic Society should be understood not as a new fundamental right or a single policy instrument, but as a contemporary reinterpretation of constitutional demands derived from human dignity, the principle of the social state, and social fundamental rights, with a focus on the protection and formation of living conditions, and with particular attention to implementation capacities at the local level and the mediating role of the social and solidarity economy.

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