지방자치단체의 조례에 의한 규제의 문제점과 그 개선방안에 관한 연구

Abstract

Administrative regulation means restrictions on the rights of citizens or duties imposed by the State or local governments to accomplish a specific administrative objective. Many countries try to reform regulations under the concept that regulatory reform is the best way to boom national economy. Korea enacted the Framework Act on Administrative Regulations in 1997 to improve the quality of life of citizens and to enhance the national competitiveness in a sustained manner by facilitating self-regulation and creative initiative in social and economic activities through the repeal of unnecessary administrative regulations and the prevention of inefficient administrative regulations. Administrative regulation can be divided into economic regulation, social regulation, and narrow administrative regulation. Administrative regulation has very close relation with nation's competitiveness and economic growth. There are three main types of municipal ordinances which matter;ⅰ) the municipal ordinances not reflecting the revisions and amendments of the upper laws and regulation ⅱ) the municipal ordinances conflicting with the upper laws and regulation ⅲ) regulations the municipal ordinances without authority. The regulations are imposed by the municipal ordinances of a local government other than by the Acts and subordinate statutes. Therefore the regulatory reform by the Central Government results in vain due to the municipal ordinance concerned. To achieve the goal of the regulatory reform by the Central Government, the regulatory reform by a local government is required. The current regulatory impact analysis needs to be revised in order to achieve the goal, just like President Clinton revised the regulatory impact analysis system by streamlining it.