더 좋은 법률과 입법영향분석

“The legislative power shall be vested in the National Assembly”(Constitution of the Republic of Korea Article 40). In Korea, discussions on amending the National Assembly Act to incorporate Legislative Impact Assessment(LIA) have been ongoing since the 19th National Assembly(2012-2016). The National Assembly Research Service(NARS) prepares to implement LIA to the Korean context. This article explains what discussions have been made so far in the National Assembly of Korea. The actualization of the legislative power of the National Assembly has not been properly achieved. The sovereign legitimacy of the National Assembly can be further secured and realized through legislative impact assessment. As an example, one amendment bill of the National Assembly Act was co-sponsored by 176 lawmakers on July 14, 2020. This bill mandates the submission of a LIA report when lawmakers propose bills. However, this bill has not yet been passed. If the pre-legislative impact assessment that is now being seriously discussed is institutionalized, Korea will have an advanced system that can create “better laws” by conducting a pre-legislative impact assessment before a law is enacted and assessing the impact after the law is enacted. After the legislative impact assessment system is fully established, it will be necessary to establish an organization that will oversee these tasks.