[특집 Ⅱ] 한국입법 60년의 회고와 전망

21세기 한국입법의 과제와 전망


What problems shall Korean legislation solve for an advanced 21 century?


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This study focuses on finding problems of Korean legislation in the new 21th century and on suggesting some solutions to settle them. In these days many Koreans dissatisfy with activities and attitudes of congressmen. A survey conducted in October 2008 shows percentage of trust to them is just 1.1% and another in December is 6.3%. Low trust to legislators hinder legislation After democratization in 1987 pluralistic phenomena have been spreaded out very rapidly and strongly in Korea. As authoritarian regime has demolished, each individual and group freely seeks eagerly its private interest and does not consider public good seriously. New information society has induced people to choose more radical and extreme position and to hate relatively more moderate and compromising attitude with experience of debates and discussions through cyber space. People influenced by neo-liberalism even regard parliament's legislation as an unnecessary regulation to hinder their liberty. Political party system has not been developed enough to control conflicts and disputes in society and to settle them in advance. Pluralism in Korea has become stronger and stronger with these four reasons. Despite of effect of strong pluralism, I think Korean legislation could obtain people's trust with the following treatment. Acts of parliament should get more flexibility to adapt changing environment smoothly and quickly. The National Assembly should delegate more power of legislation to local parliaments to improve their autonomy and to decide local matters as much as they can. Congressmen should consider protection of the weaker and the poor and make acts for them to achieve economic standard as high as keeping dignity of human beings with their own effort. Process of legislation should also be improved to get better democratic, public and scientific quality. Finally legislators should have more cooperative and compromising mind to make the best act peacefully and political party system be developed to coordinate conflicting private interests in advance.


1. 글머리에
 2. 입법의 의미와 보편적 과제
 3. 21세기 현상으로서 다원주의적 현상
  (1) 권위주의의 붕괴
  (2) 정보사회의 진행
  (3) 신자유주의의 풍미
  (4) 정당정치의 미성숙
 4. 21세기 입법의 과제와 개선방향
  (1) 입법의 유연화
  (2) 구체적 입법내용의 자치규범에의 위임
  (3) 입법 내용의 사회화
  (4) 입법과정의 개선
  (5) 입법자의 협동과 타협
 5. 맺는말


  • 이성환 Sung Whan Lee. 국민대학교 법과대학 교수(Prof. College of Law, Kookmin Univ. )


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