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영어

This paper aims for a consideration of some legal issues for statutory interpretation concluded by Korean Statutory Interpretation Deliberation Committee(hereinafter called SIDC) under the Ministry of Government Legislation(hereinafter called MOLEG).
There are some legal characteristics of SIDC in Korea. First, it's not an governmental organization to do a orthodox judicial interpretation but a kind of administrational interpretation. Therefore, SIDC pursuits uniformity and consistency of statutory interpretation in administrational process in the Executive of Korea. But, it has to be abided by the principle of due process of law because of its quasi-judicial characteristic. In Korea, MOLEG should have a right of statutory interpretation in the government. Its right is delegated to SIDC which is an independent organization consisting of law specialists.
Another feature of SIDC statutory interpretation is that it has not judicial binding effect but administrational force. Also, SIDC statutory interpretation should not restrict the judiciary power, so statutory interpretation could be reversed by a court. However, confidence of people in SIDC statutory interpretation should be legally protected.
Some could be pointed out to reform activities of SIDC. It has to prepare special regulations for the committee's composition, process or decision to improve independency of SIDC under the principle of due process of law. Also, SIDC should keep a specific provision like 'SIDC decision should restrict the minister of MOLEG , but he could request reconsideration of the decisions concluded by the committee if he has an objection to them.
The committee has found lots of legislational defects of statutes through its interpretation, and helps to revise and improve these statutes. SIDC has made contribution not only to promote law-suitability of administration but to develop constitutionalism of Korea.