숙의민주주의 확대를 위한 공법적 과제

Deliberative democracy based on participant’s learning makes it possible for our society to have mature discussions in the process of developing a participatory democracy. Though various forms of public discussing exit for achieving a deliberative democracy, public polling, one of the most frequently used methods, requires that participants have to represent the general public and those who participate in this discussion have to hold substantial and practical discussions. A fair selection of participants is required to guarantee an representation of a group without a bias of age and region. Substantial and practical discussions are required to fully achieve the original purposes of public discussing which are decision making by the general public and helping resolve social conflicts among the members. Deliberation is group activities trying to coming up with solutions through deliberation and discussions which is suitable for resolving the cases which cannot be addressed by voting. In contracting out administrative affairs, the entrusted agency performs similar roles to the administrative agency through delegating decision-making authority. Parliament grants executive power to the administration, which presupposes that the administrative agency directly deals with the affairs of its jurisdiction. Therefore, the contracting out of administrative affairs needs legal grounds. The decision through public opinion formation means performing administrative acts by the people. Unless a separate procedure is stipulated by laws, decisions based on public opinion formation can be possible without any legal basis. The administrative agency’s policy should have justification as well as efficiency so that through deliberation based on pro and cons. For the issue that requires deliberation but is not suitable for public opinion formation, it is necessary to adjust the scope of the issue to suit the public discussion rather than unconditionally excluding Lastly, permanent body needs to be set up for efficient discussion of public discussions. By legally institutionalizing a permanent body the fairness and professionalism can be guaranteed. As more and more cases for public discussions are built up efficient acceptance of general public’s opinion is possible and it will lead to development of deliberative democracy.