자격규제입법의 실효성 확보를 위한 법제개선방안 - 미국의 직업면허 일출․일몰제의 시사점을 중심으로 -

In the meantime, the qualification system has not been the object of interest in the areas of law or legislation, and as a result, it has not brought in-depth discussion from a legislative point of view. However, qualifications in Korea are having a major influence on occupational choice rather than just functioning as recognition of competence. Additionally, qualification system is turning into the target area of interest as legal or factual discrimination occurs in the choice or practice of occupation between qualifiers and non-qualifiers. In particular, change in the qualification system has been inevitably discussed along with occupational change in the era of the Fourth Industrial Revolution. From the legal aspect, the qualification system at the center of attention is a regulatory scheme that enables only qualified practitioners to exclusively perform a task on the basis of statutes and regulations or to be placed in a position of mandatory employment. However, the Constitutional Court and the Supreme Court have allowed legislators to have a wide legislative discretion on the qualification system in their cases and have shown a relatively loose strength in the review of them as to the restriction on the freedom of occupation based on the principle of proportionality under the constitution, which means that it structurally not easy for the Consitutional Court and the Supreme Court to control legislation related to qualification systems. Nevertheless, the legislative process of establishing, modifying and abolishing strict qualification regulations has been treated the same as the process in general regulations. The establishment of qualification may be created by the head of individual central administrative agency, but it is possible to newly establish similar, duplicative and unreasonable qualifications in individual government departments because the procedural control process is lacking in national qualifications-related statutes including 「Framework Act on Qualifications」. On the other hand, it is harder to change or abolish the qualification regulations than other regulations because there are many vested interests who have already qualified. Qualification regulations need to be set up in the least restrictive option because it results in restricting the freedom of occupation to the public. However, the control system during the process of establishing, modifying and abolishing qualification regulations from the procedural perspective is insufficient. In this circumstance, some cases in several states of United States already adopted sunrise or sunset system when establishing and abolishing licensure of occupational regulations, may give us some recommendations for legislation of qualification regulations in Korea. By reviewing current trends associated with occupational regulations and qualification regulations in the United States, and practices and procedures in some states that have adopted sunrise and sunset, this report guides the process for managing qualification regulations in Korea and through this, suggests measures to reform national qualifications-related statutes including 「Framework Act on Administrative Regulations」 and 「Framework Act on Qualifications」.