조례 입법영향평가제도의 도입과 평가기준의 정립에 관한 소고

Abstract

Since the introduction of the local autonomy system, through the implementation of the “Special Act on Decentralization and Reorganization of the Local Administrative System”, the local autonomy has increased significantly, leading to the expansion of local autonomy through the transfer of central government offices to local offices. come. At the same time, self-government legislation on policies that have direct relevance to residents' lives is leading to a large increase in quantity. In the ongoing process of decentralization, the problem of insolvency legislation due to the increase in the quantity of self-government legislation is pointed out as a problem of lowering the competitiveness of self-government legislation. In order to improve self-government legislation, the legitimacy of legislative purposes for self-government legislation, systematic conformity, procedural legitimacy, adequacy of regulation, effectiveness and efficiency of legislation, etc. It has been applied as it is as an evaluation criterion. In the meantime, the evaluation criteria for self-government legislation in the process of enacting and amendment of the ordinances of self-governing corporations have not been significantly differentiated from those in the legislative evaluation process in the legislative process of the National Assembly. The insolvency of self-governing legislative evaluation has been a problem as it has not been applied as a legislative evaluation criterion that has differentiation in relation to it. The reorganization of the ordinance legislation impact assessment system will ensure the validity of ordinance legislation, democratic legitimacy of self-government legislation, systematic suitability of self-government legislation, regulatory adequacy of ordinance legislation, and improvement of ordinance legislation. In the case of ordinance legislation, a system and content composition according to each area are required, so the drafting standard and the legislative impact assessment standard need to be configured differently. Therefore, in this thesis, by reviewing the existing self-governing legislation evaluation system applied in the self-governing legislation process, it presents directions for the necessity of reviewing the constitution of the upper and lower law systems and the multi-faceted effects of legislation. By presenting an alternative to the self-governing legislative evaluation system and evaluation criteria for legislation, it is intended to present an alternative to achieve competitive self-government legislation.