인간의 존엄성과 주거의 보장에 관한 헌법적 연구

Abstract

Humans are dignified not because they are human, but because they are humane. To be human, you must have dignity as a human being. Human dignity refers to the evaluation of human beings based on their character. Regarding human dignity, the Constitution stipulates human dignity and value in Article 10 and guarantees them as basic rights. Human dignity and value as stipulated by the Constitution refers to human dignity, which refers to the evaluation of human beings as independent individuals. Human dignity is the highest value and the highest principle in the Constitution. In human dignity, human beings are not isolated subjective individuals, but are meant to recognize the independent value of individuals in a community, and human beings in the relationship between humans and the national community. The human dignity guaranteed by the Constitution is an objective standard, which means the goal and task of the state to realize it. Human dignity under the Constitution is not only an individual right, but also a task and duty of the state. In order for human beings to be dignified, the guarantee of humanity based on personality must be premised. The Constitution stipulates the right to lead a humane life in Article 34, Paragraph 1 as social rights. The constitutional right to live a humane life can be specifically guaranteed to the state through the duty to promote social security and social welfare. Human dignity under the Constitution should be seen as guaranteed on the premise of human life. If a human life means living like a human being. The basics of human life can be said to be the solution to food, clothing, and shelter. Food, clothing and shelter are basic conditions for human beings to lead a life in a national community. In terms of food, clothing and shelter, the guarantee of housing life is different from food and clothing, and economic ability is required. Korea enacted the Housing Act to guarantee the right to housing as a right. However, the right to housing is a condition to guarantee human dignity for a human life, but it is not guaranteed unconditionally. Since the guarantee of the right to housing means a guarantee in residential life, it is necessary to guarantee a humane life. The Constitution does not explicitly stipulate the right to housing. However, internationally, the right to housing is recognized as a human right, and the view to view the right to housing as a fundamental right under the Constitution is spreading. However, there is still controversy over whether the right to housing can be a fundamental right. Nevertheless, a more practical guarantee is needed in that efforts to guarantee the right to housing