획일규제에서 형평규제로의 변화 모색

Equitable regulation can be defined as appropriate regulations considering each condition of the various regulated specifically. Subjects to regulations are so various that regulations should be done including variety of regulated objects. However, the clarity of the regulation has been overemphasized, but, on the other hand, the equity of the regulation neglected in regulatory laws or situation. The regulatory standards tend to be legislated uniformly by enumeration limited and figure about objects. And, discretionary exercise by administrative agency has been bound to discretionary criteria, it has been used uniformly and abandoned in terms of equity(specific validity). In addition, a legislation with uniform regulatory such as uniform regulation by figure and limited enumeration etc. results in problems of over-regulations and under-regulations. Uniform regulation has become an obstacle to deregulation. Under these circumstances, the methods solving the problems of uniform regulations and increasing the flexibility and fairness should be found. In order to increase the quality of the regulation and the administration, it is necessary to overcome uniform regulation by figure and to introduce the equitable regulation. However, the current regulatory environment has the great gap to equitable regulation. Since the civil servants is not professional and their corruption index is high, people cannot believe them completely. In these situations, introducing the equitable regulation could cause great side effects like arbitrary use of administrative power and expansion of corruption. While trying to set conditions, we should expand equitable regulations in proportion to them. It is needed to raise the professionalism and integrity of civil servants in order to set conditions for the equitable regulations, to guarantee proper procedures improved in order to ensure the fairness for, and to establish post-control system by courts. They should develop a method for establishing a guideline and making a rule for legal interpretation in order to regulate generally and abstractly the regulation criteria by undefined concept and enhance the clarity of the regulations. And, effectiveness of the authoritative interpretation system and the legal interpretation system in Ministry of Government Legislation should be strengthened. The projects for transparency of discretion clarifying its criteria should be carried forward, and the equitable discretion should be exercised actively in special condition.