규제개혁의 현황과 전망 -규제일몰제 확대방안과 규제(비용)총량제 도입방안을 중심으로-

The introduction of regulatory reform has been recently discussed in the Republic of Korea. What is intended in this study is to further the discussion on the direction-settings for regulatoryreform in this country and the amendment of the Framework Act on AdministrativeRegulations. First of all, the fundamental principles of administrative regulations have beenexamined, based on conceptual discussions of administrative regulations. In principle, thedefinitions in the Framework Act mentioned above have been adopted to define the conceptof administrative regulations, and fundamental principles, including the principle of prohibitionof violation of essential aspects of fundamental rights and the principle of proportionality,as well as the responsibilities of the State and local governments have been reviewed withregard to fundamental principles, based on the principle of legality in regulations. Based onsuch discussions, the appropriateness and validity of sunsetting regulation and the One-inOne-out Rule have been also examined. Sunsetting regulation is a system under which the effective period of a regulation is specifiedbeforehand and a scheme for realizing an efficient government by inducing voluntary regulatoryreform and by enhancing the accountability and reliability of public administration. This systemhas been introduced by expressly providing for the stipulation of the effective period of eachregulation in the Framework Act. Although sunsetting regulation has significance in that itis a system for regulating authorities’ active response to regulations, it is true that the effect of its institutional basis is doubtful, compared with the cost and time required for evaluation. In order to solve such a problem, this study proposes to secure the practicability of sunsettingregulation under the ‘principle of sunset in principle and extension in exceptions’ and presentsa scheme to enhance the effectiveness of the system by clarifying the applicable areas, ratherthan applying sunsetting to all regulations. With respect to the One-in One-out Rule, the details of the system in the United Kingdom,the progenitor of the system, have been reviewed by referring to its implementation process,etc., and schemes for systematization have been sought with the outcome of the review. Theterm ‘규제총량제 (or regulatory total amount (cost) system)’ in Korean is a translation ofthe One-in One-out Rule (OIOO) of the United Kingdom, which is a scheme for systemizingthe direction-setting for regulatory reform under the rule of ‘Regulatory Abolition First,Regulatory Legislation Later.’ In the course of this study, it has been found that regulationsin the United Kingdom are classified into two categories: Regulations to which the One-inOne-out Rule is applicable and regulations to which the One-in One-out Rule is not applicable,and that the total amount of cost is determined and applied to relevant matters, taking suchfactors into consideration. Based on such outcome, schemes for systematic introduction intothe Republic of Korea have been examined in this study. Matters necessary for laying afoundation for the establishment of the system have been examined by comprehensivelyexploring not only issues arising in connection with the direction-setting for the amendmentof the Framework Act, which has been discussed on the introduction of the system, but alsoproblems ensuing from the introduction of the system.