earticle

영어

This study is the first effort to compare in detail the laws and rules in Korea and Germany concerning business startups for the unemployed. It advances the hypothesis that German law on business startups for the unemployed well differentiates the policy supporting business startups for a diverse group of unemployed people, while Korean law on startups does not consider the unemployed in this way. The reason is that German society is established according to discipline of the social market economy, based on Ordoliberalism. It promotes fair competition by regulatory policy, while Korea does not have a comparable social discipline. Analyzing Social Code Book II, III and the Act on the Management of Investment Fund of the European Recovery Programme (Germany), and the Employment Insurance Act, its Enforcement Decree and the Operational Rules for Projects for Business Startups by the Unemployed, this study can verify such hypothesis. Statute clauses on startup allowances; counseling and training related to business startups; and financing for startups provide for different policies for groups of unemployed who are placed in a different social and economic situation. These differential polices may promote fair competition for the unemployed people in diverse situations, while Korean laws do not consider such a position.