Today, when regulatory innovation is discussed beyond deregulation, legislative evaluation is undoubtedly a necessary system to prepare high-quality regulations. Korea has been implementing Regulatory Impact Analysis since 1998, and introduced Legisla...
Today, when regulatory innovation is discussed beyond deregulation, legislative evaluation is undoubtedly a necessary system to prepare high-quality regulations. Korea has been implementing Regulatory Impact Analysis since 1998, and introduced Legislative Impact Analysis in 2021. As a result, Korea has had both ex-ante and ex-post Legislative Analysis Systems in operation for about 24 years since the first Regulatory Impact Analysis was introduced. However, Korea's Regulatory Impact Analysis is still limited to government legislation, leaving a significant number of parliamentary bills out of the scope. Recently, Legislative Impact Analysis was introduced, but it has the limitation of operating as a separate system independent of Regulatory Impact Analysis.
On the other hand, the EU is also introducing Impact Analysis and Evaluation into the legislative process with the aim of streamlining and improving the quality of regulations. Furthermore, 'Better Law-Making', which emphasizes clarity, transparency, and proportionality in the legislative process, is the goal of EU legislation, and Impact Analysis and Evaluation are implemented as a means to achieve this. Unlike Korea, these EU legislative evaluations are conducted for both legislative norms and non-legislative acts. In addition, in the process of Impact Analysis, criteria for Evaluation are prepared, Evaluation is carried out based on the contents of Impact Analysis, and Evaluation is carried out based on the results of Evaluation.
Korea and the EU have different systems and socio-economic and cultural backgrounds, so it is not necessarily right or good to adopt the EU legislative evaluation system as it is. However, as the demand for regulatory quality control is constantly raised and the uniform Korean legal system requires changes, it is necessary to fundamentally change the legislative evaluation system in order to prepare reasonable regulations. To overcome these problems, it is necessary to strengthen the linkage between Regulatory Impact Analysis and Legislative Impact Analysis, and to implement Regulatory Impact Analysis for all new and strengthened regulations, including government legislation and parliamentary legislation.