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학술논문노동법논총2013.12 발행

일자리영향 입법평가제도 도입에 관한 試論

Discussion on Introducing Legislative Evaluation System of Job Impact

이형준(고려대학교)

29권, 673~705쪽

초록

In order to address the current problems of the labor market, all the Korean governments have been implementing various policies and projects including incentives or subsidies, through institutional or legislative improvement. Their efforts, however, have not been evaluated fully on whether the policies or programs of the administration or legislature have positively affect the labor market as a whole given the original purpose. Currently, there are two systems for analyzing and evaluating the impact on jobs; the Employment Impact Evaluation System under ‘Basic Employment Policy Act’, and the Regulatory Impact Analysis System under ‘Framework Act on Administrative Regulations’. The Employment Impact Evaluation System has been implemented since 1stJanuary 2010, to analyze and evaluate the impact of the policies and projects of the central and regional governments on employment. The results of the evaluation are reflected in the course of developing and implementing the government policies or projects, to make them more employment-friendly ways. The Regulatory Impact Analysis System, implemented since 1st June 1998, aims to determine whether a new regulation is appropriate and reasonable by forecasting and analyzing the impact in an objective and scientific manner on the society, economy, administration as well as people’s daily lives. From the perspective of jobcreation, however, these two systems have some limitations in the scope of evaluation and analysis. With the increasing needs for legislative assessment of jobs-related bills, lawmakers proposed ‘the Bill on Job Impact Evaluation’ on 28 October 2008 which however ended up being discarded as the 18th National Assembly finished its term. It is one of the upmost tasks to develop well-designed evaluation system of legislative impact when legislating, revising and abolishing laws on each of stakeholders in the labor market in terms of the both quality and quantity of employment. However, the lawmaker-proposed bills, unlike the government-proposed ones have also limitation because they do not make it mandatory to evaluate legislative impact. With the rising criticisms these days against the overflowing lawmaker-proposed bills, it is urgent to build institutional devices to prevent any legislation or amendment which may negatively affect the labor market in Korea. In this regard, it should be made it mandatory based on ‘the Bill on Job Impact Evaluation’ to pre-evaluate legislative impact on jobs for the new bills proposed by whether lawmakers or the government, and post-evaluate the existing laws on a regular interval.

Abstract

In order to address the current problems of the labor market, all the Korean governments have been implementing various policies and projects including incentives or subsidies, through institutional or legislative improvement. Their efforts, however, have not been evaluated fully on whether the policies or programs of the administration or legislature have positively affect the labor market as a whole given the original purpose. Currently, there are two systems for analyzing and evaluating the impact on jobs; the Employment Impact Evaluation System under ‘Basic Employment Policy Act’, and the Regulatory Impact Analysis System under ‘Framework Act on Administrative Regulations’. The Employment Impact Evaluation System has been implemented since 1stJanuary 2010, to analyze and evaluate the impact of the policies and projects of the central and regional governments on employment. The results of the evaluation are reflected in the course of developing and implementing the government policies or projects, to make them more employment-friendly ways. The Regulatory Impact Analysis System, implemented since 1st June 1998, aims to determine whether a new regulation is appropriate and reasonable by forecasting and analyzing the impact in an objective and scientific manner on the society, economy, administration as well as people’s daily lives. From the perspective of jobcreation, however, these two systems have some limitations in the scope of evaluation and analysis. With the increasing needs for legislative assessment of jobs-related bills, lawmakers proposed ‘the Bill on Job Impact Evaluation’ on 28 October 2008 which however ended up being discarded as the 18th National Assembly finished its term. It is one of the upmost tasks to develop well-designed evaluation system of legislative impact when legislating, revising and abolishing laws on each of stakeholders in the labor market in terms of the both quality and quantity of employment. However, the lawmaker-proposed bills, unlike the government-proposed ones have also limitation because they do not make it mandatory to evaluate legislative impact. With the rising criticisms these days against the overflowing lawmaker-proposed bills, it is urgent to build institutional devices to prevent any legislation or amendment which may negatively affect the labor market in Korea. In this regard, it should be made it mandatory based on ‘the Bill on Job Impact Evaluation’ to pre-evaluate legislative impact on jobs for the new bills proposed by whether lawmakers or the government, and post-evaluate the existing laws on a regular interval.

발행기관:
한국비교노동법학회
분류:
노동법

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일자리영향 입법평가제도 도입에 관한 試論 | 노동법논총 2013 | AskLaw | 애스크로 AI