규제입법평가 제도의 법제화와 운용 방향 ― 대형마트 규제입법의 사례 분석을 글감으로 ―

This article revisits the question of regulatory legislation assessment/evaluation. For having a better ‘regulatory legislation’ mechanism, it is necessary to identify the existing regulatory assessment- and legislative evaluation systems before we propose a desirable direction of institutionalization for regulatory legislative evaluation. The article especially deals with the revision of the “Distribution Industry Development Act (hereafter, ‘Act’)” in relation to regulating Large Discount Stores (LDSs) in South Korea. Overall, the Act provides:　① a entry level restriction into the market through a registration system for the LDSs and Super Supermarkets (SSMs) plus ② restrictions on business activities such as business hours and mandatory holidays. These regulations, however, have been controversial since its implementation among the players and customers. This article mainly examines how we evaluate this regulatory legislation and suggested propositions in the National Assembly, in the process of revision and re-establishment of the above mentioned regulatory legislation. Also, the study shows whether the results of the legislative evaluation would provide useful perspectives either on strengthening or mitigating regulatory impacts. Furthermore, the author claims (1) to establish a more professionalized and transparent evaluation system for making a better law based on multi-dimension impact analysis of regulatory legislations not only against bills (legislations) by government but also bills (legislations) by Assembly members as a whole. More than anything else, the author stresses that (2) legislative evaluation processes, including regulation impact analysis(RIA), should be interactive systematically and methodologically so that the relating parties exchanges diverse feedbacks on the regulatory legislations. Lastly, the author argues (3) the institutional measures should be accomplished with neutralized and un-biased impact assessment tools and methods when we assess the regulatory legislation should be more strengthen or deregulated.