항공행정입법 절차상 사인의 참여에 관한 연구 - 미국의 항공 행정입법상 협상 절차에 의한 규칙제정법 사례를 중심으로 -

The role of the administration must change in order to regulate complex administrative realities. The emergence of the concepts of the new administrative law system represented by participation and cooperation accelerated the change in the role of the administration. Therefore, procedures such as 'announcement of administrative legislation' were introduced in the administrative legislative procedure, which was considered the area of the administration's high authority, to promote public participation in administrative legislation. However, although a procedure was created for the public to participate in the administrative legislation process, no empirical data was found to prove the practical effect. Therefore, I would like to propose a method of participating from the beginning of the enactment and amendment of administrative legislation by forming a procedure in which the public or interested parties can directly participate. Similarly, in the United States, there has already been an attempt to actively intervene in the administrative legislative process by enacting a rule-making law based on the negotiation procedure. However, even in the United States, it is difficult to find administrative legislation that uses the negotiation procedure due to the cost or time problem. Nevertheless, the attempt to use the negotiation procedure itself is very noteworthy, and it can be seen as an attempt to dismantle domestic administrative actions with strong bureaucratic character beyond securing the legitimacy of administrative legislation. Therefore, after recognizing that the role of the state has changed, the high authority of administrative legislation must also change. It is necessary to improve the legitimacy and quality of administrative legislation by mandating private participation in administrative legislative procedures, which were the high authority of the administration. Therefore, the possibility of the procedure was sought by limiting the scope of aviation law on how to actively guarantee the participation of individuals in administrative legislative procedures.