미국의 규제영향분석제도에 관한 연구

Regulatory impact analysis system means a system that quantitatively and qualitatively analyzes the impact that regulation exerts on economy and society. Conducting the regulatory impact analysis not only has substantive and procedural significance but is expected to perform an important role as means of controlling administrative discretion. Regulatory impact analysis system has already been employed by all advanced countries as important means of regulatory reform. Especially, the United States can be counted as the first country that has developed systematic analysis and evaluation of the impact of important new regulation. This paper examines the details of development of regulatory impact analysis system of the U.S. and the main contents of the recent executive orders that provide grounds for regulatory impact analysis. Firstly, regulatory impact analysis system has been regarded as paramount in the U.S. as indispensable means for conducting any regulatory reform, and the legal ground of the regulatory impact analysis can be characterized by the fact that most analyses are executed not on the basis of the law but on the basis of executive orders issued by the President. Secondly, the Executive Order 13563 (on Improving Regulation and Regulatory Review) reconfirms all principles set forth in the Executive Order 12866, and at the same time, it guarantees and promotes public participation to the maximum extent possible throughout the regulatory planning process and imposes each executive branch a duty to analyze existing rules retrospectively. Thirdly, the Executive Order 13579 (on Regulation and Independent Regulatory Agencies) prescribes particularly concerning the retrospective analysis of existing rules of independent regulatory agencies in connection with the Executive Order 13563. As seen from above, not only the rationalization and efficiency of the procedures for regulatory impact analysis are improved in the U.S. but the expansion thereof is also promoted in the light of the importance of the regulatory impact analysis system. In short, the importance of regulatory impact analysis system is increasing in our country, too, as deregulation and regulatory reform have become social issues. However, it should not be overlooked that regulatory impact analysis system is neutral in itself as means and procedures for evaluation based on objective information and it is not inherently means of deregulation. On such premise, it seems to be necessary to promote the expansion of public participation and the coordination across agencies in analyzing regulatory impact, and at the same time, to facilitate retrospective analysis of existing regulation in particular.