With growing importance of characteristics of today's welfare state, the administrative function is qualitatively and quantitatively expanded and professionalized and technicalized, so the principal of legislation by the National Assembly is no longer...
With growing importance of characteristics of today's welfare state, the administrative function is qualitatively and quantitatively expanded and professionalized and technicalized, so the principal of legislation by the National Assembly is no longer able to be adhered. Korean law also accepts administrative rulemaking.
Administrative rulemaking affects actual people's rights and obligation indirectly and directly, so the need of controlling it is required.
Korean administrative rulemaking procedures have many problems such as the lack of democratic legitimacy, people's participation in the legislative warning system, and fuctional limits of the Legislative Office.
To enhance democratic legitimacy of administrative rulemaking, control by National Assembly should be strengthened and people's participation in administrative rulemaking procedure also should be strengthened.
Due to the limits of post-control of administrative rulemaking, pre-control by the Administration is more important. The position of the Legislative Office and the management and the control function of the office of legislative affairs needs to be emphasized.