Legislative Impact Assessment at the National Assembly of the Republic of Korea

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Transcription:

Impact Assessment at the National Assembly of the Republic of Korea Kyubeom Cho, Ph.D. Researcher National Assembly Research Service August 11, 2016

contents Impact Assessment Current Situation of Legislation Overview of Process

contents Impact Assessment Current Situation of Legislation Overview of Process

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

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

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

contents Impact Assessment Current Situation of Legislation Overview of Process

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 1,693 938 902 1,144 807 1,102 1,093 1,912 211 168 570 368 321 581 595 379 12th(85~88) 13th(88~92) 14th(92~96) 15th(96~00) 16th(00~04) 17th(04~08) 18th(08~12) 19th(12~16)

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 1,352 948 656 492 537 659 461 517 66 156 171 321 431 563 222 119 690 811 12th(85~88) 13th(88~92) 14th(92~96) 15th(96~00) 16th(00~04) 17th(04~08) 18th(08~12) 19th(12~16)

Numbers of Laws and Regulations (1985 ~ 2015) 4500 4000 3500 3000 2,943 3,181 3,342 3,525 4,010 3,711 4,263 2500 2000 1500 1000 743 820 931 978 1,142 1,182 1,394 500 0 1985 1990 1995 2000 2005 2010 2015 Laws Laws & Regulations

contents Impact Assessment Current Situation of Legislation Overview of Process

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

Duties of National Assembly Research Service legislative and policy research service developing mid- and long-term legislative agenda

Research Request Process 1. Filling out Request Form 4. Registering the Output 2. Receinving and Designating 3. Conducting Research and Analysis

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

Achievements 78 Legislations for Impact Assessment 28 Impact Assessment Case Studies 13 Outsourced Research Projects Impact Assessment Standard Manual 7 Impact Assessment Reports

Impact Assessment Standard Manual

Impact Assessment Report

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

Challenges No Legal Ground No Official Unit Lack of Analysis Tools

Thank you