입법평가 논의의 현황과 전망

Abstract

Law-maker’s duty is to realize the spirit of the constitution and to enact “good law” that protects people’s rights to the utmost and mediates various interests harmoniously. State’s role has been expanded and strengthened in modern society, therefore the regulation on the whole national life has been controled in the form of legislation. In this phase, law-maker should consult objective and reasonable grounds in the course of democratic and efficient so that law-maker can achieve the legislative purpose- “good law”, and this process is commonly known as legislation evaluation. Such legislation evaluation is carried out in many different ways such as a cost benefit analysis, a cost outcome analysis, a bureaucratic cost measurement, a labor cost estimate, a understanding probability review, an acceptance review, a normative harmony review, and so on. This paper analyzes the methods and evaluations of legislation evaluation carried out by domestic institutions including KLRI, considering the present stance of legislation evaluation, and then researches the analysis of future directions. Above all, such analysis is mainly carried out with the data of KLRI that has provided the most products of legislation evaluation since 2007. Future legislation evaluation is needed the trial connecting various methods in addition to the most used existing method, the combined study among related studies such as economics, social science, public administration, and so on, and the joint research among various institutions should be activated,and the accumulation and management of the legislative evaluation research achievements is the most essential thing. In the course of such trial,law-maker can advance to the legislative purpose-“good law”.