정부법령해석의 체계화를 위한 모색

This paper addresses the issue of how the statutory interpretation should be conducted by the government since the government of Korea has opened the chances for local governments and citizens to bring the cases on statutory interpretation to the Ministry of Legislation as of June 2005. This paper emphasizes the importance of maintaining consistency in interpreting hundreds of statutes that will be brought to the Ministry each year. To find a way to maintain consistency in statutory interpretation, this paper examines major theories of statutory interpretation, i.e. textualism, intentionalism, purposivism and dynamic theories and turns to the rules that underlie these theories. Called "maxims," "canons," or "principles" of construction, these rules of statutory interpretation have been the bedrock of Anglo-American statutory interpretation. In conclusion, this paper suggests that the Ministry adopt a set of rules that can be applied in interpreting statutes by referring to Anglo-American rules. It is even recommended that those rules be legislated into a form of statute.