입법과정에서의 입법영향평가와 사회영향평가의 활용
Impact Evaluation of Legislation and Social Impact Assessment in legislative Procedure
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Due to the growing demand of legislation in the modern nations, the number of statute has been sharply increased. As a consequence of the surplus of statutes, the efficiency and effectiveness of laws and regulations have been weakened, so that the purpose of legislation has not been attained, and side effect which legislators did not expect at drafting step has been occurring, which lead the crisis of legislation or the failure of legislation It is necessary to provide the evaluation system of legislation which objectively measure and analyzes the effectiveness and side effect of the current statutes, etc including the various influence of legislation. Especially, Ex Ante Evaluation of legislation' to be future oriented research into the expected effects and side effect of potential new legislation following a structured and formalised procedure, leading to a written report. Such research includes a study of the possible effect and of alternatives, including the alternative of not regulating at all. The Social Impact Assessment(SIA) can generally be defined as the process or estimating, assessung and managing social consequences of planned intervention. By “social impacts” we mean the consequences to human populations of any public or private actions - that alter the ways in which people live, work, play, relate to one another, organize to meet their needs and generally cope as members of society. The term also includes cultural impacts involving changes to the norms, values, and beliefs that guide and rationalize their cognition of themselves and their society. Especially, they share the same interests; that is what Impact Assessment should aim at. Therefore Impact Evaluation of Legislation can with Social Impact Assessment in harmoniously. And they are complementary cooperation. Finally, I think that “Better Regulation” and “Better Lawmaking” makes with Impact Evaluation of Legislation can with Social Impact Assessment. So they were used as important factors in reducing regulations quantitatively and improve them quantitatively as well.
Abstract
Due to the growing demand of legislation in the modern nations, the number of statute has been sharply increased. As a consequence of the surplus of statutes, the efficiency and effectiveness of laws and regulations have been weakened, so that the purpose of legislation has not been attained, and side effect which legislators did not expect at drafting step has been occurring, which lead the crisis of legislation or the failure of legislation It is necessary to provide the evaluation system of legislation which objectively measure and analyzes the effectiveness and side effect of the current statutes, etc including the various influence of legislation. Especially, Ex Ante Evaluation of legislation' to be future oriented research into the expected effects and side effect of potential new legislation following a structured and formalised procedure, leading to a written report. Such research includes a study of the possible effect and of alternatives, including the alternative of not regulating at all. The Social Impact Assessment(SIA) can generally be defined as the process or estimating, assessung and managing social consequences of planned intervention. By “social impacts” we mean the consequences to human populations of any public or private actions - that alter the ways in which people live, work, play, relate to one another, organize to meet their needs and generally cope as members of society. The term also includes cultural impacts involving changes to the norms, values, and beliefs that guide and rationalize their cognition of themselves and their society. Especially, they share the same interests; that is what Impact Assessment should aim at. Therefore Impact Evaluation of Legislation can with Social Impact Assessment in harmoniously. And they are complementary cooperation. Finally, I think that “Better Regulation” and “Better Lawmaking” makes with Impact Evaluation of Legislation can with Social Impact Assessment. So they were used as important factors in reducing regulations quantitatively and improve them quantitatively as well.
참고문헌 (25)
- 구도완, "환경영향평가제도와 사회영향평가", 환경사회학연구 ECO, 통권 : 3 (2002), 한국환경사회학회
- 정부입법효율화와 국가발전을 위한 법제업무 지원·조정기능 강화방안 연구, "김유환", 법제처, ~ (2007)
- 박균성, "정부입법 60년의 평가와 과제", ｢한국입법 60년의 회고와 전망｣, 한국입법학회 창립 10주년 기념 학술대회 자료집, pp.90~ (2008), 한국입법학회
- 박영도, "입법평가의 이론과 실제" (2007), 한국법제연구원
- 박영도, "한국에서의 입법평가 제도화 방안", ｢입법평가제도와 규제개혁｣ 한국공법학회, 2009, ~
- 박영도, "입법학 입문" (2008), 한국법제연구원
- 박영도, "입법평가입문" (2007), 한국법제연구원
- 박희제, "환경논쟁과 사회영향평가의 정치적 기능", 환경사회학연구 ECO, 통권 : 3 (2002), 한국환경사회학회
- 유성재, "立法效果의 評價－ 스위스 베른州 立法效果 評價制度를 中心으로 -", 중앙법학, 7(3), pp.163~203 (2005), 중앙법학회
- 윤순진, "사회영향평가에로의 초대", 환경사회학연구 ECO, 통권 : 5 (2003), 한국환경사회학회
- 임병수, "정부입법절차와 대비한 의원입법절차의 현황과 개선방안", ｢의원입법의 문제점과 개선방향｣ 박영아 의원 정책공청회 자료집 (2009)
- 이시재, "사회영향평가의 이론과 방법", 환경사회학연구 ECO, 통권 : 3 (2002), 한국환경사회학회
- 이정환, "사회영향평가의 제도화 방안 연구", 환경사회학연구 ECO, 통권 : 6 (2004), 한국환경사회학회
- 환경평가제도 30년의 성과분석과 발정방향, "조공장", 한국환경정책·평가연구원, ~ (2008)
- 최윤철, "입법평가의 제도화에 관한 연구", 토지공법연구, 28, pp.325~352 (2005), 한국토지공법학회
- 주요국가의 입법평가관련 제도(Ⅲ)－독일의 입법평가제도－, "한국법제연구원", 한국법제연구원, ~ (2007)
- Burdge. Rabel J., "Social Impact Assessment: Why is social impact assessment the orphan of the assessment process?", Impact Assessment and Project Appraisal (2002)
- Becker, Henk. A., "Social Impact Assessment", European Journal of Operational Research, (128)
- Bussmann. W., "Die Methodik der Prospektiven Gesetzesfolgenabschaezung" (1997), LeGes
- Böhret K., "Leitfaden zur Gesetzesfolgenabschäzung(GFA), Speyer: Forschungsinstitut für öffentliche Verwaltung bei der Deutschen Hochschule für Verwaltungswissenschaften Speyer", ~ (2004)
- Craig, D., "Social Impact Assessment; Politically oriented approachs and applications", Environment Impact Assessment Review, 10(1)
- Interorganizational Committee on Guidelines and Princeples for Social Impact Assessment(ICGP), "Guidelines and Princeples for Social Impact Assessment", Environment Impact Assessment Review (1995)
- Karpen, U., "Gesetzesfolgenabschätzung in der Europäischen Union－Erweiterung und Vertiefung der Europäischen Union als Herausforderung", AöR, 124 (1999)
- Mader. L., "“The Evaluation of draft laws”, Evaluation of Legislation Bd. 6", Proceedings of the Fourth Congress of European Association of Legislation(EAL) in Warsaw(Poland) (2000)
- Wagner. H., "Gesetzesfolgenabschätzung-Modeerscheinung oder Notwendigkeit?" (1999), ZRP