국가표준체계의 정합성을 위한 법·제도적 제언

Now, it seems to become the first national task that raising national competitiveness through the standardization. Through the progress of the recent Korea-US or Korea-EU Free Trade Agreement, especially regarding an opening the trade, this can be well confirmed in terms of that the necessity of standard as a common rule of country level is risen by a matter of national interests. However, comparing the examples of foreign major states to Korea - even if under consideration of our immature statute system and policy promotion examples about the national standard we cannot help confessing that national standard system of our country have stayed at first stage yet. A nation who is consumer of government services suffers enormous confusion and damages from overlapping and flooded certification by enforcement of pan-governmental standardization-certification without unity, and this causes weakness of national standardization and certification system basis which lead to international trade barrier. If a technical regulation and operation standard of certification facilities disobey international standards, which means that it can operate as an obstacle factor on the mutual recognition agreement between countries and incur the additional expenses with repetition of examination or something at the advance of our product into overseas market. To resolve these disorders, the first thing we have to do is raising the system conformity of national standard and technical regulation which exist as variously mixed formset each government department without consistent procedures, standards and examples. We have to start from optimizing unified defining the equivocal and ambiguous concept of national standard, and need to repair the regulation system of technical regulation. In this process, especially, it is important that sufficient reflecting the basic theory of administration legislation which is already standardized in public law theory. Also, if particular statute provisions related to technical regulation are enacted or amended in connection with reinforcement of connection between national standard and technology regulation, because which is comprehended as the prerequisite element for establishment of national standard system, legislative and technical concentration must be needed to reflect principles and purpose of the Framework Act on National Standards and the Industrial Standardization Act faithfully. On the other hand, the Framework Act on National Standards, which is primarily embodying the responsibility of country for establishment of national standard system, is insufficient to cope with the domestic and foreign rapid environment change under consideration of its framework legal character. Under these circumstances, the Framework Act on National Standards is in need of extensive amendment of its contents by and large, if a legislator made a decision that providing of specific provisions from a purposeful point of view is not appropriate for another character of the Framework Act on National Standards, we must overcome the equivocal examples of the meaning of standard and reinforce the connection between national standard and technical regulation which is operated as a multilevel system, and ultimately consider the enactment of the (a provisional name) Special Act on Establishment of National Standard System and Reinforcement of Capability for International Standardization which provide specific provisions for unified establishment of national standard system and reinforcement of capability for international standardization.