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영어

This paper aims for a review of current status and evaluation of statutory interpretation concluded by Statutory Interpretation Deliberation Committee (hereinafter called SIDC) under the Ministry of Government Legislation(hereinafter called MOLEG) in Korea. Statutory interpretation has been an important mission since foundation of MOLEG and some regulations concerning it were enacted in 1949. The Working Regulations for MOLEG was revised in 2005 and SIDC was newly established and civilians can request statutory interpretation as well as officers of central and local governments. Though statutory interpretation system has been developed rapidly, its applicants and objects need to be examined more carefully to improve the current system. The Working Regulations for MOLEG expressly provides SIDC shall interpretate Acts, Presidential Decrees, Prime Minister's Decrees and Minister's Decrees. It is still doubtable whether the Constitution, Acts and Decrees governed neither by the Prime Minister nor by the Executive can also be objects for authoritative interpretation done by SIDC. Basically I have a negative opinion about this issue on the ground of respect for principle of check and balance of government power. Statutory Interpretation by SIDC for these laws and decrees might be done only for the purpose of uniformity and consistency of administration in the Executive. Ordinances of local governments shall not be objects of statutory interpretation of SIDC in consideration of theory of local autonomy. However, provisions relating to local autonomy may be enacted within the limits of acts and subordinated statutes under Korean Constitution. Therefore SIDC shall interpretate ordinances of local governments with authority to confirm them with Acts and Subordinated Statutes. The newly revised Working Regulations for MOLEG permits civilians to request statutory interpretation, but the National Assembly and its members are excluded. They should also be able to become applicants for statutory interpretation to obtain official opinion of the Executive about specific Acts and Decrees to supervise it. It is also a hot issue whether statutory interpretation of SIDC has binding effect or not. I think that judicial binding effect shall not be granted, but administrational binding effect shall be given. The current statutory interpretation system has also some other problems such as composition of SIDC, its relationship with the Minister of MOLEG and its decision process.