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Reconceptualizing Regulation and Its Management Scope in Korea: Evidence from an Expert and Practitioner Perception Survey of the Framework Act on Administrative Regulation

  • Journal of Regulation Studies
  • 2025, 34(2), pp.143~189
  • DOI : 10.22954/ksrs.2025.34.2.005
  • Publisher : 한국규제학회
  • Research Area : Social Science > Public Administration
  • Received : November 22, 2025
  • Accepted : December 29, 2025
  • Published : December 31, 2025

Lee, Hyukwoo 1 Bae, Kwanpyo ORD ID 2 Yang Junsok 3

1배재대학교
2충남대학교
3가톨릭대학교

Accredited

ABSTRACT

How regulation is defined determines both the scope of regulatory management and the range of regulatory reform. The current definition of administrative regulation presented in the Framework Act on Administrative Regulation does not adequately reflect the diverse elements that citizens and businesses perceive as regulations in practice. Based on the results of a Delphi survey conducted with experts and practitioners, this study seeks to propose improvements to the concept of regulation and the scope of regulatory management. First, efforts should be made to broaden the concept of regulation. With regard to the entity imposing regulation, it is desirable to adopt a broader understanding of obligations or burdens “imposed by the state,” including those imposed indirectly through public or private institutions. There is also a need to reorganize the regulatory concept so that informal guidelines or guidance provided by the government, as well as conditions attached to support measures or evaluation criteria, can be included within the scope of regulation. In addition, the study identifies the view that the principle of statutory reservation in regulation—which requires legal grounds for the restriction of rights or the imposition of obligations—may, in fact, narrow the scope of regulatory management. Meanwhile, even with the expansion of the regulatory concept proposed in this study, ensuring the quality of regulatory management requires improvements in the regulatory management system and a transformation in regulatory management approaches.

Citation status

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