行政調査基本法 立法過程에 關한 考察

Abstract

This paper focuses on major issues in legislating the Framework Act on the Administration Survey of Republic of Korea. Legislation of Framework Act on the Administration survey has important implications for fundamentally changing the paradigm of administrative survey in the past and will be the opportunity to enhance one-dimensional for protection of the research subjects rights. It has important implications for The Republic of Korea’s the Framework Act on the Administration Survey of Republic of Korea to be the world’s first law with a status as the general law of administrative survey. In terms of that, it will be also meaningful to review this act in the aspect of legal history. Framework Act on the Administration survey can be called a general law of administrative survey consisting of 30 provisions below: Chapter 1, General Rules, Chapter 2, the establishment of survey plan and selection of survey, Chapter 3, survey method, Chapter 4, conduct an survey, Chapter 5, establishment of self-management system, Chapter 6, supplementary provisions. Enactment of Framework Act on the Administration survey has important meaning to change unilateral, multiple and individual form of administrative survey in the past with collaborative and joint one. They have had considerable controversial legal principles on the enactment of Framework Act on the Administration Survey both in the administrative agency internally and the process of making it in the National Assembly. The essential issues of Framework Act on the Administration survey discussed in the process of legislation are below, and I review them in this paper: (1) agency to charge law (2) definition of administrative survey (3) loss of legislative effectiveness under coverage limited (4) the basic principles of administrative survey (5) the operating plan of administrative survey (6) survey period and the subject selection (7) joint survey (8) procedural limitations of the administrative survey (9) protection the rights of those who surveyed (the rights and interest of those who surveyed in the method of survey, in the process of it, and after collecting information) (10) sanctions against self-reporter informing false (11) insufficient effectiveness caused by a lack of penalties (12) the claim rights of launching administrative survey. A broad consensus on the needs of its legislation has eventually been a tow of making it, in terms of fundamental review needs for traditional administrative survey system which we mainly ran it sanctions for a administrative effectiveness such as checking violation law and punishing it, the expansion of autonomy and creativity in the private sector, and national competitiveness improvement with breakthrough improvement of government regulation. Framework Act on the Administration survey meets with public approval on some provisions below: to stipulate basic principles of the administrative survey, to clarify the principle of regular and joint survey, to prohibit multiple survey which has been pointed out many problems in the past, to give advance notice for the subject rights, to give the opportunity to submit comments, to recognize the delay rights of survey, to recognize the rights of change investigator, to notice of survey result, to ensure recording rights and video recording rights, to ensure the presence rights of expert, and when investigating a third party supplementary, to give the notice and the opportunity of submitting the opinion to subject of survey. The pioneering legislative experience, Framework Act on the Administration survey of R.O.K, will provide a very significant implications to legislation of administrative survey in East Asian countries, and further globally.