의원발의 형사입법의 분석과 입법정책 개선방안 -17대부터 19대 현재까지 의원발의 법안을 중심으로-

Abstract

Today when democratization has been achieved and the people demand for increasing legislation activities of the national assembly, lots and lots of legislative bills are proposed/submitted to the national assembly. An increasing quantity of legislative bills proposed by lawmakers may be positively regarded since the national assembly and the government actively respond to the people's demand for legislation, but there is still a problem that, as some criticize, the quality of the bills has remarkably deteriorated. Criminal laws must not be legislated for the sake of populism or lobby purposes and/or benefits or performances of any member of the national assembly because the laws can immediately lead to restraint on the freedom of the people and/or infringement upon human rights. Nevertheless, an increasing number of bills is proposed by lawmakers and the bills are very easily revised and/or abolished according to public opinions; and furthermore, already repealed bills are proposed once again if a new session of the national assembly is begun. This thesis is aimed to analyze how the same bills proposed by lawmakers of the national assembly in its 17th through 19th terms have been recycled or discarded, with a view to suggesting right directions for the Legislative Department of the national assembly to support lawmakers' legislation. The roles of lawmakers who originally draw up bills and of the Legislative Department of the national assembly are important to intensify the professional traits of the legislation. Considering that criminal legislation results in such bills as can lead to physical arrest of the people and restriction on human rights, it is necessary that more pain and care should be taken and reference should be made to advices and/or research results from experts before a bill is established and/or revised. At this juncture, three suggestions are made in relation to the roles of the Legislative Department of the national assembly. First, sufficient and proper reasons should be indicated and a relevant public hearing be held before a bill is proposed for reconsideration by the Legislative Department of the national assembly. Second, a regulation need be set up so that the same bill cannot be proposed by no other lawmaker who has originally done it. Third, so many fragmentary bills are proposed that the quality of them cannot be practically evaluated; yet, prizes for excellent achievement are conferred on such legislative officers and/or lawmakers as have drawn up the bills. The quantitative system for legislation need be improved so that excellent bills proposed by superior legislative officers or lawmakers may be open to the public.