좋은 입법을 위한 행정법학적 과제

Abstract

It is no exaggeration to say that modern democracies refer to rule of law. Above all, legislation is the cornerstone of the rule of law. The reason is that the law in a democratic country is the will of the entire people according to the principle of representation, and the democratic basic order is the rule by the people. This is because the main ordinance of what administrative agencies do is strict enforcement of the law, and the job of judicial agencies is a trial based on the law.
 Therefore, the starting point of democratic state theory is how people can have good laws. In this article, we tried to discuss the elements of good legislation, the current status of legislation in Korea, and the legislative cases that are problematic.
 The element of good legislation refers to a law that 1. complies with legislative procedures 2. has content justification. In addition, factors such as 1) constitutionality, 2) systematicity of the law, 3) content consistency, 4) compliance with the limits of delegated legislation, 5) legalization of administrative rules, and 6) the scope and limitations of ordinance legislation must be examined.
 However, through legislative cases that do not have these elements of good legislation, I tried to think about good legislation in detail. The first is an example of the obscenity of the agenda effect regulation. The second is the issue of deregulation legislation that changed the permit system to a reporting system, that is, ‘reporting that requires repair,’ the third is the issue of legislation on police organization and police action, and the fourth is the issue of excessive decentralization.