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A Study on the Korean Regulatory Reform

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2014, 2(2), pp.277-309
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Hong Wan Sik 1

1건국대학교

ABSTRACT

A main purpose of this article is to compare the regulatory reform review and legislative procedure. According to the Basic Law on Regulatory Reform §4①, regulations shall be based on Acts, and the contents thereof shall be provided in clear and unambiguous language and regulations shall be directly provided for by Acts, and the specific details of the regulations may be determined by Presidential Decree, Ordinance of the Prime Minister, Ordinance of the Ministry, or Municipal Ordinances and Municipal Rules. The Korean Government began regulatory reform early in the 1990s. The Basic Law on Regulatory Reform is enacted in 1998 and began the Regulatory Reform Committee(RRC) began to review existing regulations and regulations to be introduced or strengthened. First of all, the RRC register and publicize the regulations of the government. And the RRC evaluate bills and administrative orders drafted by the government. The RRC review the regulations that may have an annual effect on the economy of $10 million or more, or have an effect on 1 million people or more etc. The Ministry of Government Legislation(MOLEG) review the unconstitutionality or unlawfulness of the bills in the governmental rule making procedure. The MOLEG examines wording, structures and expressions of the bills drafted by each ministry and reviews the necessity, legal validity, constitutionality and methodology of their contents. Most of governmental bills shall be reviewed by the RRC and the MOREG, the legislative procedure is very delayed. The RRC is managed by the Prime Minister(the Basic Law on Regulatory Reform §23) and the MOREG is established under the Prime Minister(Government Organization Act §23), it is recommendable that regulatory reform review and legislative procedure shall be integrated.

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