Economic Administrative Law and Socio-Economic Constitution in the Era of Globalization: Focusing on Korean Case

In this chapter, the main content is to examine the specific meaning of Article 6 Paragraph 1 of the Constitution of Republic of Korea through the case of Korea concerning Economic Administrative Law and Socio-Economic Constitution in the Era of Globalization. The ruling covered in this chapter is the first case in which the Korean Supreme Court invalidated a domestic law based on a treaty and is a progressive ruling that is unprecedented in Korea. Even though Article 107 Paragraph 2 of the Korean Constitution provides for specific norm control, this case is a lawsuit confirming the invalidity of an ordinance under Article 107 Paragraph 3 of the Local Autonomy Act, which has the nature of abstract norm control, and is a matter of the relationship between domestic law and international law, especially the WTO Agreement. It raises important issues not only in academia but also in the judiciary regarding the issue of self-execution or direct applicability. In particular, the judgment on the self-execution or direct applicability of Article 3 of GATT on the principle of national treatment, one of the most important provisions of the WTO Agreement, was made for the first time in this case. The legal principles presented in this case can be used not only in agreements between countries or in international treaties, but also in the discourse on economic integration around the world that will be discussed in the future. At this stage, it is difficult to talk about complete globalization of economic administrative law. However, international joint efforts to realize the rule of law in each country will become the cornerstone of the future globalization of economic activities and economic administrative law.