중앙부처와 지방자치단체의 적극행정을 위한 법제처 법해석의 역할 모색

This study aims to analyze the role of the Ministry of Government Legislation’s (MOLEG) statutory interpretation in supporting proactive administration by central government ministries and local governments, and to propose practical and institutional improvements. Modern public administration has shifted from formal legalism to a more responsive and problem-solving governance approach that addresses complex societal issues. In this context, passive legal interpretation by public officials may lead to delays in administrative services, unnecessary regulations, and risk aversion, ultimately undermining public trust. Therefore, ensuring professionalism and consistency in the legislative, interpretive, and enforcement processes of statutes has become essential, and the role of MOLEG has become increasingly prominent. The expansion of the government’s statutory interpretation system in 2005 and the enactment of Article 40 of the the General Act on Administration in 2021 provided a clear legal foundation for MOLEG’s interpretive function. These developments also granted both public officials and citizens the right to request legal interpretations, thereby enhancing transparency and enabling substantive rights protection. Today, MOLEG functions not merely as an interpretation agency but also as a legal coordinator—ensuring consistency in government and administrative legislation during the legislative process and supporting the legal validity of policy decisions during enforcement. This study classifies MOLEG’s statutory interpretation into two types—legislative and enforcement stages—and analyzes their functions and limitations. Through case studies such as the amendment of the Enforcement Decree of the Farmland Act regarding rural shelters and the interpretation of the law concerning male hosts, the study examines how MOLEG’s active interpretation contributed to resolving policy issues and improving relevant statutes. Furthermore, it explores MOLEG’s advisory system for local legislative bodies, including the interpretation of mandatory ordinances and fiscal support regulations, offering strategies to enhance the legislative capacity and legal stability of local governments. In conclusion, MOLEG should serve as a driver of both consistency and creativity in public administration. To this end, interpretation must go beyond literal readings of the law, adopting purpose-oriented and problem-solving approaches while ensuring linkage with statutory revision. In particular, expanding the interpretation of quasi-statutory administrative rules, strengthening connections with administrative adjudication, and increasing support for ministries and local governments are critical for MOLEG to fulfill its role as a facilitator of proactive administration and a mediator between policy and law. These changes will ultimately enhance the reliability and efficiency of administration and contribute to the promotion of citizens’ rights and interests.