Legislative Impact Assessment at the National Assembly of the Republic of Korea
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1 Impact Assessment at the National Assembly of the Republic of Korea Kyubeom Cho, Ph.D. Researcher National Assembly Research Service August 11, 2016
2 contents Impact Assessment Current Situation of Legislation Overview of Process
3 contents Impact Assessment Current Situation of Legislation Overview of Process
4 Process With the support of 10 or more Members Assembly Member motioned Request for reconsideration Presents a bill Within 15 days Speaker Standing Committee Plenary President Promulgation referred to transferred to submitted Government Legislation & Judiciary Committee Review of legality and wording Cabinet Meeting
5 Bill submitted by the Government by the competent ministry by Ministry of Government Legislation by the President Drafting Consultation & Public Notice Review Deliberation Approval Submission to the National Assembly with relevant ministries by the State Council Regulatory Impact Assessment Regulatory Reform Committee
6 Bill introduced by Assembly Members Assembly Member Party Others Public Opinion & member s recognition Party s Drafting of Bill Drafting of Bill by the Competent Ministry Member s Drafting of Bill National Assembly Research Service Review by the Party Deliberation by the Counseling Office Support By 10 or more Members Speaker of the National Assembly Both Party s Agreement on the Content of the Bill Korean Constitution 52 National Assembly Act 79 1 National Assembly Act 79 2
7 contents Impact Assessment Current Situation of Legislation Overview of Process
8 Numbers of Bills Submitted (12 th ~19 th National Assembly) 20,000 18,000 16,000 17,822 16,729 14,000 12,000 MP's bill Admin's Bill Total 13,913 12,220 10,000 8,000 6,000 7,489 6,387 4,000 2,000-2,507 1,951 1, , ,102 1,093 1, th(85~88) 13th(88~92) 14th(92~96) 15th(96~00) 16th(00~04) 17th(04~08) 18th(08~12) 19th(12~16)
9 Numbers of Bills Passed (12 th ~19 th National Assembly) 9,000 8,000 7,000 8,013 7,202 6,000 5,000 MP's bill Admin's Bill Total 4,000 3,000 2,000 1,000-2,353 1,915 1,663 1,120 1, th(85~88) 13th(88~92) 14th(92~96) 15th(96~00) 16th(00~04) 17th(04~08) 18th(08~12) 19th(12~16)
10 Numbers of Laws and Regulations (1985 ~ 2015) ,943 3,181 3,342 3,525 4,010 3,711 4, ,142 1,182 1, Laws Laws & Regulations
11 contents Impact Assessment Current Situation of Legislation Overview of Process
12 Impact Assessment in South Korea Obstacle Similar Systems - Regulatory Impact Assessment - Statutory Examination - Gender Impact Assessment - Corruption Impact Assessment About 15 years discussion and policy proposals, but Not Institutionalized yet Cost
13 Duties of National Assembly Research Service legislative and policy research service developing mid- and long-term legislative agenda
14 Research Request Process 1. Filling out Request Form 4. Registering the Output 2. Receinving and Designating 3. Conducting Research and Analysis
15 History Voluntary studies on Impact Assessment Impact Assessment Pilot Project 2008 ~ 2010 Reviewed Previous Studies Impact Assessment Pilot Study Since 2011 Official Annual Project Since 2010 Launched a Task Force
16 Achievements 78 Legislations for Impact Assessment 28 Impact Assessment Case Studies 13 Outsourced Research Projects Impact Assessment Standard Manual 7 Impact Assessment Reports
17 Impact Assessment Standard Manual
18 Impact Assessment Report
19 Contents of Impact Assessment Report I. Overview of the subject of analysis 1. Laws and regulations of the subject 2. Background 3. Evaluation 4. Main contents of legislation II. Impact Assessment Checklists 1. Legal impacts 2. Political and Administrative impacts 3. Economic and Industrial impacts 4. Social and Cultural impacts 5. Regulatory Impacts 6. Corruption Impacts 7. Other Impacts III. Consultation with relevant government ministries and stake-holders IV. Analysis V. Conclusion
20 Challenges No Legal Ground No Official Unit Lack of Analysis Tools
21 Thank you
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