입법평가의 개념과 제도화 방안


The Concept and Institutionalization Plan of Evaluation of Legislation


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Due to the growing demand of legislation in Korea, the number of statutes has been sharply increased. Meanwhile, there are still many unrealistic and low-quality statutes which inconvenience people or burden enterprises because they are not modified timely despite of the rapidly changing society. Currently, several impact evaluation systems are being implemented includeing the regulatory impact evaluation similar to a prospective legislation-evaluation and statutory improvement including legislation innovation similar to a retrospective legislation-evaluation. Legislative Evaluation of Continental Legal System and Regulatory Impact Analysis of Anglo-American Legal System are generally understood as the same. In spite of regulatory impact analysis that has been taken effect since 1997 in our country, legislative evaluation is actively under discussion now. But the concept of legislative evaluation is introduced in variety and the discussion of that have no consideration for current regulatory impact analysis. Above all, the concept of legislative evaluation needs to be established for a systematization. The purpose of this report is to define the concept of legislative evaluation in comparison with Impact Assessment of EU, Legislative Evaluation of Continental Legal System, Regulatory Impact Analysis of Anglo-American Legal System, Regulatory Impact Analysis of our country. Four comprehensive and systematic plans should be proposed for the application of legislation-evaluation. First plan is to build a social consensus regarding legislation-evaluation and reinforce cooperation in legislation- evaluation research. The second plan is to provide methods for assuring reasonable and professional analysis through strengthening scientific and analytic approach and fostering experts related to legislation- -evaluation. The third plan is to organize institutional framework for the application of legislation-evaluation to try applying legislation-evaluation from a national and broad perspective and to decide the main organization like government agency wholly responsible for legislation-evaluation, the type of introduction of system, the object and standard of legislation-evaluation, the direction about mandatory legislation-evaluation and the effect of its result. The fourth plan is to prepare for legal foundation for institutionalization of the application of legislation-evaluation. To stabilize this application of legislation-evaluation, it is necessary to approach step by step preparing elaborately for concrete matters. The first step is to prepare in advance including doing research on legislation- evaluation. The second step is to gather the opinions of people and form public opinion. The third step is to start a pilot legislation evaluation system. The fourth step is to legislate the ground of application of legislation-evaluation. And the fifth step is to fully implement legislation -evaluation system. This paper finally suggests that the issue of accumulated statutes will be solved and an advanced legislation-evaluation system which prevents problematic statutes will be provided, drastically contributing to reduce the number of statutes improve the quality of legislation, if a evaluation model is built and the correctness and scope of analysis is enhanced through applying a authentic legislation-evaluation system to current quasi legislation-evaluation systems.


Ⅰ. 입법평가 적용 논의의 배경과 범위
 Ⅱ. 입법평가와 그 적용의 필요성
 III. 입법평가 제도화 방안
 VI. 결-입법평가 제도화를 위한 법적 근거의 마련


  • 강현철 Kang, Hyun-Cheol. 한국법제연구원 연구위원, 법학박사.


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