규제행정법상의 경제적 효율성에 대한 고찰 - 규제행정법의 경제적 분석을 위한 경제학적 방법론의 기초 -

Abstract

The objective of this study is to provide the theoretical foundation for economic discussion required to accurately understand regulations - a target subject in regulatory administrative laws - and to present an economic analytical framework for regulations in the context of regulatory administrative laws by applying economic methodologies to actual practices. Science of Law and Economics are academic fields that require interdisciplinary research, and such a need is more acute in regulatory administrative laws. Research subjects for both regulatory administrative laws and economics (public economics, in particular) are almost identical in terms of economic regulations, and only vary in the viewpoints that they are perceived from—either legal or economic. Among methodologies used to analyze the subjects in particular, those used in economics are very useful. These methodologies work as significant tools in social regulations as well. Regulations in regulatory administrative laws need to be defined separately from regulations in general terms. Both regulations in the context of existing theoretical definitions and regulations in regulatory administrative laws were taken into consideration in defining the regulations in regulatory administrative laws, based on which meanings behind economic analyses of the laws in the context of regulatory administrative laws were ascertained. The foremost step in this discussion was to focus on reviewing the implications of economic efficiency in regulatory administrative laws. In analyzing regulations as a subject matter of regulatory administrative laws, it is clear that economic methodologies play a vital role; however, applying economic conclusions to regulatory administrative laws, rather than using economic methodologies to interpret in a normative manner in the context of regulatory administrative laws should be cautioned against. In other words, economic methodologies should be applied only if they are understood from a regulatory point of view by reflecting legal perspectives that include general principles of administrative law.