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Legislative Impact Assessment at the National Assembly of the Republic of Korea
Kyubeom Cho, Ph.D. Legislative Researcher
National Assembly Research Service August 11, 2016
Overview of Legislative Process
Legislative Impact Assessment
Current Situation of Legislation
contents
Overview of Legislative Process
Legislative Impact Assessment
Current Situation of Legislation
contents
Legislative Process
Assembly Member
Government
Speaker Standing Committee
Legislation & Judiciary Committee
Plenary President
Cabinet Meeting
Promulgation
With the support of 10 or more Members
motioned
submitted
referred to
Presents a bill
Review of legality and wording
transferred to
Within 15 days
Request for reconsideration
Bill submitted by the Government
Drafting Consultation & Public Notice
Review Deliberation Approval
Submission to the
National Assembly
by the competent
ministry
with relevant ministries
by Ministry of Government Legislation
by the State Council
by the President
Regulatory Impact
Assessment Regulatory Reform Committee
Public Opinion & member’s recognition
Member’s Drafting of
Legislative Bill
Assembly Member
Party’s Drafting of
Legislative Bill
Review by the Party
Deliberation by the Legislative
Counseling Office
Support By 10 or more
Members
Speaker of the National
Assembly
Party
Drafting of Legislative Bill by the Competent
Ministry
Both Party’s Agreement on the
Content of the Bill
Others
Korean Constitution § 52 National Assembly Act § 79 ①
National Assembly Act § 79 ②
Bill introduced by Assembly Members
National Assembly Research Service
Overview of Legislative Process
Legislative Impact Assessment
Current Situation of Legislation
contents
Numbers of Bills Submitted (12th~19th National Assembly)
211 570 321 1,144 1,912
6,387
12,220
16,729
168 368 581 807 595
1,102 1,693
1,093 379
938 902
1,951 2,507
7,489
13,913
17,822
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
12th(85~88) 13th(88~92) 14th(92~96) 15th(96~00) 16th(00~04) 17th(04~08) 18th(08~12) 19th(12~16)
MP's bill Admin's Bill Total
Numbers of Bills Passed (12th~19th National Assembly)
66 171 119 461 517
1,352 1,663
7,202
156 321 537 659
431 563 690 811
222 492 656
1,120 948
1,915 2,353
8,013
-
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
12th(85~88) 13th(88~92) 14th(92~96) 15th(96~00) 16th(00~04) 17th(04~08) 18th(08~12) 19th(12~16)
MP's bill Admin's Bill Total
Numbers of Laws and Regulations (1985 ~ 2015)
743 820 931 978 1,142 1,182
1,394
2,943 3,181
3,342 3,525
4,010 3,711
4,263
0
500
1000
1500
2000
2500
3000
3500
4000
4500
1985 1990 1995 2000 2005 2010 2015
Laws Laws & Regulations
Overview of Legislative Process
Legislative Impact Assessment
Current Situation of Legislation
contents
Legislative Impact Assessment in South Korea
Obstacle
Similar Systems - Regulatory Impact Assessment - Statutory Examination - Gender Impact Assessment - Corruption Impact Assessment
Cost
About 15 years discussion and
policy proposals, but Not
Institutionalized yet
legislative and policy research service
developing mid- and long-term legislative
agenda
Duties of National Assembly Research Service
3. Conducting Research and
Analysis
4. Registering the Output
2. Receinving and
Designating
1. Filling out Request Form
Research Request Process
2008 ~ 2010 Reviewed Previous Studies
Since 2010 Launched a Task Force
Voluntary studies on Legislative
Impact Assessment Legislative
Impact Assessment Pilot Study
Legislative Impact
Assessment Pilot Project
Since 2011 Official Annual Project
History
Achievements
78 Legislations for Legislative Impact Assessment
28 Legislative Impact Assessment Case Studies
13 Outsourced Research Projects
Legislative Impact Assessment Standard Manual
7 Legislative Impact Assessment Reports
Legislative Impact Assessment Standard Manual
Legislative Impact Assessment Report
Contents of Legislative 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. Legislative 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