‘사회적기업육성법’제정 및 시행 후의 발전방향 = The Enactment of the Social Enterprise Promotion Act and Its Development

다국어 초록 (Multilingual Abstract)

For more than two decades, social enterprise movements in the United States and in Europe have taken on growing importance. Broadly defined as the use of non-governmental, market-based approaches to addressing social issues, social enterprise has become an increasingly popular means of funding and supplying social initiatives around the world.
Yet while the trend and its ultimate objectives are similar, there remain vast differences in the conceptualization of social enterprise among different world regions. These differences stem from contrasting forces shaping and reinforcing the movement in each region.
According to J. A. Kerlin, the concept of social enterprise in the United States is generally much broader and more focused on enterprise for the sake of revenue generation than definitions elsewhere. This remains true even when considering the definitional divide in the United States between academics and practitioners.
In Western Europe, the trend toward social enterprise emerged somewhat later than in the United States and was focused on the simultaneous development of public interest services, and diversification of revenue generation in the third sector.
Most social enterprises in Western Europe operate under the legal form of either a nonprofit association or a cooperative. Social enterprises are established as associations in those countries where the legal definition of association allows a degree of freedom in selling goods and services on the open market. In countries such as Sweden, Finland and Spain, where associations are more limited in this regard, social enterprises tend to take the legal form for cooperatives.
In Korea, the Social Enterprise Promotion Act was enacted on December 8, 2006 and became effective on July 1, 2007. The social enterprise is defined as those enterprises which trade in goods or services for a social purpose through the employment of people from a disadvantaged community, and was recognized by the Minister of Labor.
The legal form of the social enterprise is not limited to the non-profit organization. It ranges between association in the Civil Code and companies in the Commercial Code. The corporation of public interest, non-profit private organization, social welfare corporation, consumers' cooperation can be also social enterprise.
The Minister of Labor can support the social enterprises with professional consultation for management, technique, tax, labor, accounting and other necessary information. The State or local autonomous governments can support the social enterprises by renting the state-owned or public land, and by reducing or exempting taxes.
The criticism was raised to the recognition and promotion of the social enterprise by the government, because the social enterprises in the United States and Western Europe have appeared on the initiative of private organizations. It would be contradictory, if the government supports those activities in the field, where the government was not engaged.
The requirement of social enterprise to employ people from a disadvantaged community is also difficult to be met, as those unskilled elderly people, women, disabled, most of whom were once excluded from the labor market, can hardly compete with the regular workers of the same business.
Those problems have to be keenly observed in the implementation of the Social Enterprise Promotion Act and it will help the interest parties find the way to develop the young social enterprises in Korea.

목차 (Table of Contents)

• Ⅰ. 미국과 유럽에서의 사회적기업 태동
• Ⅱ. 사회적기업육성법의 제정
• Ⅲ. 사회적기업육성법의 핵심사항
• Ⅳ. 발전방향
• 【ABSTRACT】

참고문헌 (Reference)

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