규제협상의 적용방안에 관한 연구

다국어 초록 (Multilingual Abstract)

No matter how inconvenient the regulation might be to an individual or business, if the rules were properly designed, they would serve the interest of the whole community or nation in terms of safety, quality of life and sometimes sheer economies. In order to improve the quality and effectiveness of regulation, it is necessary for government agency and department to acquire procedure justice and compliance from participation of interest group and their representatives. Regulatory negotiation is a process by which representatives of affected interests, along with the regulatory agency, attempt to negotiate a consensus agreement on the content of a regulation. The purpose of regulatory negotiation is to produce better regulation “politically, procedurally and substantively” by providing a means whereby parties with significant interests in a proposed regulation may have an opportunity to participate in the formulation of the regulation.
The goals of this research report are two. First is an introducing regulatory negotiation system to Korea and second is find best method or institution to apply regulatory negotiation to Korea. To do these, this report include four contents. First is literature reivew of regulatory negotiation and point out benefit and cost of regulatory negotiation. Second is case study about how to be operated regulatory negotiation by USA and Canada government from their experience and institution. Third is a making check-list of successful regulatory negotiation. Forth, we analysis two cases of Korean quasi-regulatory negotiation examples.
From these, we can catch conclusion like as regulatory negotiation is to be installed by consensus using a committee whose members represent all sides of an issue. Regulatory negotiation works best when issues are well defined and where committee members can fairly represent key groups interested in an issue. The regulatory negotiation process, although developed for the formulation of regulations, is amenable to a number of other applications including creating policy, setting standards, settling post-regulatory disputes, and ensuring compliance with regulations. However, as in the negotiation of regulations, care must be taken to select appropriate situations in which to use the procedure. Korea government and legislative should enact a adjusted proposal of administrative process law and administrative general regulation law included regulatory negotiation process. The lessons we learn from this report “prevention is better than cure” and one of best prevention of resistance to government`s regulation is regulatory negotiation.