행정입법에 대한 의회통제와 추상적 규범통제

Abstract

Administrative legislation is necessary because to important decisions of the legislature for the annual parliamentary general and abstract norms established in accordance with democratic principles. But Sub delegation of authority the legislature is in direct administration rather than by the regulation of legal norms of lower standards in state affairs. In this case lower standards of professionalism and efficiency, and rules relieve the burden of establishing. In Korea, administrative legislation review system is in force under the National Assembly Act, in which administrative legislation is submitted to the concerned standing committee of the national assembly for review of illegality for Presidential Decrees, etc. and notifying the concerned minister of the results. However, it is not a preliminary review system but an ex post facto review system in which rules are reviewed only after legislation or amendment. It is nothing but a direct control system whose effect is very weak and limited. As a matter of fact, there are a number of cases in which, although the concerned standing committee of the national assembly notifies the administration of its opinions on administrative legislation, the administration does not accept such opinions and any public servant in the administration not following such opinions is not given any disadvantage. Such a weak administrative legislation review system currently provided for in the National Assembly Act has limits to effective control of administrative legislation. The conception of review on Norm is connected with ‘principle of seperation of power', and the review on Norm which is not based on Constitutional Law is not permitted. The article 107(1) of Koran Constitutional Law controls parliamentary legistlation and The article 107(2) of that does the subordinate Norm of parliamentary legistlation when each one is 'at issue in a trial'. The abstract review on Norm could function from the legistlation of the Norm concerned, and it could abolish the lasting unconstitutional situation, and it could keep social peace by lessening the legal conflicts of the future and correcting the deviation of social order. it is a kind of vaccine for keeping social peace. It is a very useful and effective way which could make up for the absence situation of no administrative way of remedy as in the case of conflicting situation between mother and her fetus. We had better have it as far as it could not hurt the national representation of the Parliamentary.