한국정부의 규제개념과 관리범위 재설계 모색 - ｢행정규제기본법｣에 대한 전문가 인식 조사를 중심으로 -

How regulation is defined determines both the scope of regulatory management and the range of regulatory reform. The current definition of administrative regulation presented in the Framework Act on Administrative Regulation does not adequately reflect the diverse elements that citizens and businesses perceive as regulations in practice. Based on the results of a Delphi survey conducted with experts and practitioners, this study seeks to propose improvements to the concept of regulation and the scope of regulatory management. First, efforts should be made to broaden the concept of regulation. With regard to the entity imposing regulation, it is desirable to adopt a broader understanding of obligations or burdens “imposed by the state,” including those imposed indirectly through public or private institutions. There is also a need to reorganize the regulatory concept so that informal guidelines or guidance provided by the government, as well as conditions attached to support measures or evaluation criteria, can be included within the scope of regulation. In addition, the study identifies the view that the principle of statutory reservation in regulation—which requires legal grounds for the restriction of rights or the imposition of obligations—may, in fact, narrow the scope of regulatory management. Meanwhile, even with the expansion of the regulatory concept proposed in this study, ensuring the quality of regulatory management requires improvements in the regulatory management system and a transformation in regulatory management approaches.