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Legal issues and challenges of introducing Regulation Equity System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 51(), pp.155-180
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

PARK KYUN SUNG 1

1경희대학교

Accredited

ABSTRACT

When regulatory standards enacted by law are applied to special each case uniformly, regulatory standards can't fit the intent of regulation and moreover can bring the result against equity notwithstanding being generally valid in itself. To solve these problem, Regulation Equity System is a system to be able to take administrative measure for intent of regulatory legislation with equity, instead of applying regulatory standards. Regulation Equity System is necessary to ensure fairness of regulation on an issue of uniform regulation. Our government has regulated uniformly to prevent her own will and corruption in the course of regulation, and to ensure quick execution. Therefore, the introduction of Regulation Equity System is urgent to ensure fairness than in any other country The government legislated a “Bill of Damage Relief of Administrative Regulation and Regulation Equity” for the introduction of regulatory equity (it is called the “Regulation Equity Bill” in the rest) and noticed it in advance after discussion with departments in August 2010. The issue, Regulatory system is against the principles of separation of powers, the principles of the rule of law and equality, has been raised, but it accords with the current constitutional system, and contributes to the legal advancement. Regulation Equity Bill has devices of preventing the abuse of the regulatory system and a privilege from it, but we should further try to make complement system and aware of this fact to operate this, considering of risk of abuse on regulation equity. The issue of privilege and corruption might be raised, because decision of regulation equity benefit to the applicant. Therefore, decision of regulation equity should be admitted under strict requirement exceptionally, and it needs to strengthen the device for fair decision of regulatory equity. And should enhance professionalism of commission for citizen's trust, and should open its decision to the public to the maximum. In addition, we should design the way of setting established exceptions and discretion and division of roles in Regulation Equity System properly to ensure the validity of the regulations We should try to continue to make efforts as well as to enhance flexibility and fairness of regulation with softening the rigidity of regulation for strengthening regulation to ensure fairness. For these mentioned above, we should settle the Regulation Equity System, and be looking for ways to improve the system including reasonable process of discretion and introduction of screening and scoping system in environmental impact assessment to ensure flexibility and fairness of regulations For enhancing resilience and equity of regulation, its environment must be made at the same time. Particularly the expertise, public interest sense and ethics of civil servants, public confidence in the administration should be strengthened.

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