행정입법에 대한 국회의 입법적 통제 강화방안

The administrative legislative authority held by the government is characterized both as a derivative power from the legislative authority of the National Assembly and as a function of executive power. Therefore, while control by the National Assembly over administrative legislation is necessary, it is also essential to safeguard the inherent authority of the government. Ultimately, it is important to find a method of control that enhances the National Assembly’s legislative oversight without undermining the government’s administrative legislative power, from the perspective of functional separation of powers. This thesis proposes the following measures to strengthen parliamentary control over administrative legislation in South Korea: First, the current system should expand the scope of control to include administrative rules that supplement legal provisions, and the method of control should be executed through resolutions by the standing committee, regardless of the form of administrative legislation. Second, the National Assembly’s control over administrative legislation through the retention of consent rights is deemed permissible in South Korea; however, the right to request amendments or changes that have binding force is not acceptable, as it would undermine the administrative legislative authority. Third, the retention of consent rights must be based not on a single law like the “National Assembly Act,” but on the delegation from individual laws, requiring approval from the plenary session. In this context, the act of consent exercised by the National Assembly is tantamount to a legislative act, thus allowing the president to exercise veto power, considering the constitutional provisions regarding the president’s involvement in legislation. Fourth, the retention of consent rights should be applied in areas where the complexity of the subject matter and the urgency of changing circumstances make it impractical to specify the necessary regulation in statute. Lastly, a comprehensive procedure should be established within the government to ensure uniform operation of the legal order regarding the exercise of powers by the National Assembly.