정부입법계획제도의 실효성 제고방안 연구

Abstract

A government legislation plan in Korea has been operated during 30 years since 1980. It is somewhat productive in that government legislation is systematically established and promoted in the perspective of the whole government. However, frequent changes and delay in a government legislation plan, such as many bills withdrawn from and new bills added to an established government legislation plan in the top of the year, have brought discredit on a government legislation plan. A government legislation plan has four functional purposes as follows: 1. It encourages people’ participation and democracy in the process of legislation by informing people of an established government plan through an official gazette and the Internet, etc. (prior notice of government policy) 2. It improves the efficiency of legislation promotion by deliberately and systematically implementing government legislation. (deliberate and systematic implementation of a government legislation) 3. It comprehensively adjusts the contents of legislation in the perspective of the whole government by indentifying and coordinating conflicts in advance among agencies and conflicts among stakeholders.(early detection of conflicts and prior coordination) 4. It enhances the completeness of drafts by the competent authorities and the completeness of legislative review by the Ministry of Government Legislation and the National Assembly, securing sufficient prior preparation period and review period regarding bills. (enhancement of completeness of drafts and legislative review) Analysis on the operation of government legislation plan shows the following problems. Problem 1: It is difficult to perform the prior notice function of government policy since a government legislation plan is one-year plan established on a yearly basis and government policy information is very poor. Problem 2: It is impossible to perform the function of deliberate and systematic implementation of a government legislation since the promotion of legislation is delayed due to insufficiently drafted bills not reviewing the contents of policy and bills are withdrawn in the middle of legislation. Problem 3: It is impossible to perform the function of early detection of conflicts and prior coordination since conflict factors among agencies and stakeholders are not revealed quickly due to very poor government policy information provided by a government legislation plan. Problem 4: It has limitation to perform the function of enhancing the completeness of drafts and legislative reviewsince government bills are intensively submitted to annual regular session, resulting from delay in the following legislation process due to unconfirmed bills according to delayed policy decision making of the competent authorities, unconfirmed bills according to the coordination of different opinions with stakeholders, and conflicts among ministries. The following measures are suggested to solve above problems. 1. A one-year government legislation plan should be changed into a mid-term government legislation plan over two or three years and the contents of a government legislation plan should be suggested as clearly as possible. 2. Bills not fully reviewing the contents of policy should not be included in a government legislation plan and analysis skills of legislation environment related to the law should be enhanced. 3. The government needs to actively introduce a conflict coordination system in case that conflict factors among stakeholders or other ministries are revealed in the process of legislation according to a government legislation plan. 4. If the above second and third measures are promoted, it can be solved automatically that government bills are intensively submitted to annual regular session, considering that a government legislation plan includes insufficiently reviewed bills and the process of legislation is delayed due to the conflicts among stakeholders or ministries.