국회의 입법과정에 대한 개선 방안 연구

Abstract

The legislative process, which is mainly the process of enacting and revising domestic law, means the ultimate process of national policy making. For desirable legislation, populism legislation, which is based on the preferences of specific interest groups regardless of the interests of the whole people, and hasty legislation should be prevented at the legislative process. Step 1 in the desirable legislative process is to receive and consolidate the ‘manifest preferences' of the people. Step 2 is to filter out this integrated ‘manifest preferences' to derive 'true preferences.' Step 3 is to enact and revise the law based on this 'true preferences.' The 'temporal preference' that should be integrated in Step 1 should be the 'genuine manifest preferences' of the people, but the proposed legislative draft itself may be based on distorted preferences and information. In order to start the legislative process in a blank state, it is necessary to form a 'blank advisory committee' as an ad hoc committee composed of experts in law, economic policy and technical science. The public hearing function should be strengthened so that free and sufficient debate can be made to strengthen the information capacity in the legislative process. Legislative support organizations should be strengthened to focus on researcher-centered, available empirical evidence services with reference to the United States CRS model. In order to enhance the filtering function during the legislative process, the National Assembly should restore the functions of the (democratic) representative institutions that are free to make judgments and discussions freely. In particular, the outcome of limiting or influencing the opinions of individual member of the National Assembly should be avoided, as the claims of the external interest group, or the interests of the party, or the preferences of the president, are not passed on to the members of the legislature without any filtering. It is necessary to establish and apply the principle of the legislation as a criterion for filtering the It is necessary to establish and apply the principle of the legislation as a criterion for filtering the 'present poetic preference' of the people. Particularly, it is important to conduct a rigorous and careful review of the need for regulatory legislation, and to find a minimum infringement on the market and a less restrictive alternative.