[특집 Ⅱ] 한국입법 60년의 회고와 전망

정부입법 60년의 평가와 과제


The Assessment and Tasks of Government Legislation in 60 years.


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The Administration branch has proposed the bill mainly, and legislated a wide range of sub-laws such as presidential decree with delegation by laws in the pursuing the rapid modernization in our country. However, recently the legislative trend leading by administration branch become to slow according to the strengthening of the legislature's function. This study focus on evaluating the results of government legislation during 60 years, and proposing the tasks of government legislation on the basis of that assessment in the future. The government legislation during Rhee Syngman's government(1948--60) and Chang 's government(1960-61), nation establishing period, was the center for the laws related to foundation of national administration, and elimination the remnants of Japan's law as soon as possible. The Park Chung-hee's government, Chun Doo-hwan's government , and Roh Tae-woo's government had the military government in common in the era of economic development, and they forced to make laws on economic growth rather than political development. In the era of the democratization, the governments had the intense legislation for the democratic reform strongly in common complying with the resignation of the authoritarian government, and strong eagerness for the democracy. The legislation has not been done systematically but fragmentarily in order to respond to the problems' case by case. The legislation must be done by the plans and systems, furthermore it should be a advanced and higher quality one in the future. The legislation reasons should be added to law, and the impact assessment system of legislation should be introduced step by step system. And the democratization of legislation process must be promoted continually. Additionally, the efficiency of the legislation should be enhanced. The legislative power between the National Assembly and government should be distributed appropriately.


Ⅰ. 머리말
 Ⅱ. 정부입법 60년의 평가
  1. 국가정립기 정부입법의 현황과 평가
  2. 경제개발기의 정부입법
  3. 민주ㆍ선진화기의 정부입법
 Ⅲ. 정부입법의 과제
  1. 대응입법에서 계획입법, 체계적 입법으로
  2. 입법정비(대응입법에서 선제적 입법으로)
  3. 입법의 선진화
  4. 입법의 효율성 제고
  5. 입법의 민주화
  6. 법과 정책의 소통과 조화
  7. 국회와의 협력
  8. 앞으로의 입법과제
 Ⅳ. 결론


  • 박균성 PARK, Kyun Sung. 경희대 법대 교수, 경희법학연구소 연구위원(Prof. College of Law, KyungHee Univ.)


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