행정입법에 대한 의회통제에 관한 연구

Abstract

As modern administrative legislation was adopted to flexibly respond to expansions of administrative functions and complex and diverse social changes, it can be considered to be an integral part of administration. However, as constitutionalism in a democracy is a basic principle of constitutional law, it is a matter of common knowledge that restrictions of fundamental rights and impositions of duties by the nation on its people must be based upon legislations of the National Assembly that are in conformity with constitutional law. However, administrative legislation, which is continuously increasing due to limitations of parliamentary legislation procedure environments in the enactment of detailed matters needed for the execution of special matters of modern society as laws, administrative action based on administrative legislation holds various problems compared to constitutional government administration. In particular, resolutions should be provided for concerns related to a side effect of administrative legislation, which is public officials being appointed as outside directors of conglomerates after resigning from their post along with unseen lobbying. This is because increased administrative legislation can cause margins to form in the systematic framework of constitutionalism and the separation of powers. Therefore, acknowledgement issues of administrative legislation were set aside and focus was placed on Article 98 Clause 2 of National Assembly law among effective and rational control measures made to prevent any restrictions of fundamental rights and impositions of duties on the people through the enactments of convenient administrative legislation by the government and after problems were specified, improvement plans were presented. In addition, as law directly affects the lives of each individual citizen, it must be handled with care, so it is anticipated that an administrative legislation analysis and evaluation system will serve as a brake system against totalitarian or excessively speedy action of administrative legislation.