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사회적 기업과 기업의 사회적 책임의 관련성에 관한 소고A Study on the relationship between corporate social responsibility and social enterprise

Other Titles
A Study on the relationship between corporate social responsibility and social enterprise
Authors
강영기
Issue Date
2012
Publisher
안암법학회
Keywords
사회적 기업; 사회적 기업육성법; 기업의 사회적 책임; 자선적 후견적 행위; 사회적 책임; 기업시민; 컨센서스; 연성법; Social Enterprise; Social Enterprise Pro- motion Act; Corporate Social Responsibility; Philanthropy; Social Responsibility; Corporate Citizenship; Consensus; Soft law
Citation
안암법학, no.39, pp.1 - 38
Journal Title
안암법학
Number
39
Start Page
1
End Page
38
URI
https://scholarworks.bwise.kr/gachon/handle/2020.sw.gachon/17095
ISSN
1226-6159
Abstract
Social enterprise is a new business model was born in order to solve the unemployment and public interest issues arising from the contradictions of capitalist society, in the presence of a certain order to return to society the most of the revenue, and to contribute to society. It is not to hire for corporate activities, an organization that is working to employ, is where the relationship between corporate social responsibility and the existence of this social enterprise is a concern. If say roughly, for the reason for social enterprises has emerged here, have not played a general corporate that is a social existence, have a social responsibility as corporate citizen. Originally, members of society should play a responsible for the survival and maintaining of the entire community. and then, It appeared to be a social enterprise to play a role so that instead of the general corporate. And if so, if you play decent social responsibility of corporate as a corporate citizen, the survival and maintenance of the entire community is carried out smoothly, and the current existence of a form of social enterprise will become unnecessary. Thus, the need for discipline by the configuration logical theories about corporate social responsibility comes increased. Conditions necessary for such resolution is as follow: First, the original purpose of the enterprise in accordance with company business with the autonomy to lead, but in the realization of social justice, corporate citizenship is required to perform duties faithfully, To do this, first of all, this requires the formation of a Consensus of community members on the first corporate citizen. Second, the traditional corporate social responsibility have been discussed mainly the large companies. But I think it should be applied regardless of the scale of the company. Of course, there would be difference of content and extent of social responsibility, if that contains the contents of awareness of social responsibility to the heart of the business enterprise to carry out, the need for classification by the size of the company for less, corporate social responsibility is need to recognized and to expand it until the contents, including small and medium enterprises. Third, in recent Europe there is a movement to try to provide a framework for a single concept of corporate social responsibility through the integration of traditional debate. If a single logical system is provided, as expected norms of influence will increase. Results of the review, but may be disciplined by legislation if necessary, in case it is difficult to apply the law, you are able to apply corporate social responsibility. and then, I think it can be resolved through the recognition if corporate social responsibility is used as the norm would be possible, as like soft law as a kind of behavioral principles on corporate social responsibility. Under this perception, but a little rough overview of the words, corporate social responsibility is the responsibility of the company on a contract that should be borne as a member of the entire community, regardless of whether the provision of legal. In cases where the said provisions on corporate social responsibility by law, shall ensure responsibilities as a corporate citizen. Of course, if the contents of the responsibility of the directors as set forth on the form of legal provisions, which can be resolved as a matter of breach of duty of directors. And also, through the construction of the internal control system of the company, it could lead to link company law and corporate social responsibility, for example, through the form of norms soft law, consistent with social justice for the maintenance and survival of the entire community social responsibility can lead to results that would. As a result, corporate social responsibility, at least, it is able to be expected to function through the form of soft law, to act as the norm for sustainable survival and maintenance of entire community and company. As far as can be interpreted in this way, be said corporate social responsibility is a matter of law area.
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