국회법상 행정입법검토제도의 현황과 법정책적 과제

Today's rapid social changes cause frequent changes in government policies and legislation, amendment and abolition of administrative laws. However, many subordinate laws are enacted by the administration either without legal authorization or beyond the legally authorized limits, or on the basis of administrative opportunism in spite of no political feasibility. As administrative legislation is easier than laws in procedures and can be led by the administration with less intervention of the national assembly, there are many cases in which even the matters required to be ruled by laws are provided for and accordingly civil rights are infringed. 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. This study analyzed the status of the current administrative legislation review system from the viewpoint of strengthening the national assembly's control of administrative legislation, and tried to find legal and political solutions and diversified ways to improve the system. This study also reviewed the bill for amending the National Assembly Act introduced by Assemblyman Chunseok Lee on July 2, 2012. This study suggests the future alternatives for ensuring the national assembly's effective control of administrative legislation as follow:Firstly, a preliminary control mechanism is required to be developed;Secondly, it is required to study advanced countries' legislation cases in forward-looking manners to introduce them into our constitutional systemto an acceptable degree;Thirdly, control of administrative legislation procedures is required to be strengthened;Fourthly, it is required to set up a system to control enforcement decrees not in force in time;Fifthly, at a legislation stage, the administration is required to be given the duty to inform the national assembly of the contents of enforcement decrees in advance; and Lastly, it is required to increase the number of experts and educate them and set up a permanent organization exclusively in charge of review and control of administrative legislation in the national assembly.