우리나라 입법예고제도의 현황분석과 개선방안의 제안

Abstract

Korean government adopted the Administrative Pre-Announcement of Legislation, by the Presidential Decree not by the Congressional Act, that was in cases of enacting, amending, or abolishing an Act, subordinate statute, etc. (hereinafter referred to as “legislation”), the administrative agency to give the opportunity to public. At that time, the government had been leading almost every national affaires to promote the rapidly driving national development by government. Then, in newly adopted Administrative Pre-Announcement of Legislation, the administrative agency should notify to public only the major points instead of full texts of the draft legislation through the Official Gazette. And also where an administrative agency received opinions regarding a draft legislation, the administrative agency should notify only the presenters of opinions of the processing results of such opinions. but should not notify it to public. Then at that time, Korean Administrative Pre-Announcement of Legislation system was practically very incomplete one. Any way, after that, the Administrative Procedure Act enacted in 1996 that succeeded previous Pre-Announcement of Legislation system without any meaningful improvement. After that, even till to the middle of 2015, the Pre-Announcement of Legislation system also having been operated without any meaningful change. Then some of scholars severally criticized the Pre-Announcement of Legislation system as an institution in nothing but the name. This kind criticism gave me serious shock because I played leading role to adopt the Pre-Announcement of Legislation system in 1983. However government supplemented the full texts of draft legislation in the item of the Pre-Announcement of Legislation by amending the relevant Presidential Decree in october 20, 2015. Then the Administrative Pre-Announcement of Legislation system had been advanced by the above mentioned amendment of Presidential Decree. However the Administrative Pre-Announcement of Legislation system still again has to be complemented to contain all basic element of it’s system Then, here I recommend that government exerts all possible efforts in order to introduce the full texts of draft legislation in the item of the Administrative Pre-Announcement of Legislation by amending the Administrative Procedure Act itself and also government exerts all possible efforts in order to introduce notifying system to public the responding results of opinions regarding a draft legislation presented from public by amending the Administrative Procedure Act itself.