안톤 멩거의 「노동수익권」 -사회주의 이론의 법적 정립과 19세기 사회적 기본권의 태동- = The Right to the Whole Produce of Labour by Dr. Anton Menger -The Juridical Elaboration of Socialist Theory and the Birth of Fundamental Social Rights in the Nineteenth Century-

다국어 초록 (Multilingual Abstract)

The purpose of this article is to introduce the concepts of fundamental labor rights in Dr. Menger`s renowned work - The Right to the Whole Produce of Labour (Das Recht auf den vollen Arbeitsertrag in geschichtlicher Darstellung, 1886). According to Dr. Menger, various kinds of socialist theory could be crystallized into three juridical concepts - first, the right to the whole produce of labor, second, the right to subsistence, and finally, the right to labor. The right to the whole produce of labor is rooted on the socialist notion which denies the legitimacy of unearned income. While criticizing that the current system of private law is indifferent to economic protection of the working mass, Dr. Menger admits that the full implementation of the right to the whole produce of labor is impossible. A realistic approach would emphasize the right to subsistence and the right to labor as complementary rights that could effectively improve the economic condition of the society. Dr. Menger`s effort to summarize and clarify the main idea of socialist theories into a body of legal norms deserves special attention in the history of fundamental social rights. Later, the suggested norms of legal rights were embodied as the basic labor and social rights in the Weimarer Verfassung (1919). To conclude, Dr. Menger`s legal approach could be characterized as both practical and revolutionary in the sense that the very purpose of his work was to protect the interest of the suffering mass. Keywords: Right to the whole produce of labour, Right to subsistence, Right to labour,