The purpose of this study is to examine actual condition of overlapping regulations among the regulatory authorities and to suggest the best way to solve problems of overlapping regulations. This paper focuses on cases of the occupational safety regul...
The purpose of this study is to examine actual condition of overlapping regulations among the regulatory authorities and to suggest the best way to solve problems of overlapping regulations. This paper focuses on cases of the occupational safety regulations in Korea. This study uses the conflict management theory to make a framework for analyzing problems and proposing the alternatives. The problems of overlapping regulations can be understood as a conflict among the authorities for the acquisition and maintenance of the regulatory rights and interests. This framework provides five strategies or approaches to resolve these problems; i) avoiding, ii) obliging, iii) dominating, iv) compromising, v) integrating.So far, most regulatory authorities don`t like to oblige their regulatory rights and interests to another and to make an issue at the front. They like to choose `avoiding strategy` to solve these problems in occupational safety field. Recently, there are some efforts to solve it. One is enactment of Special Act on Deregulation of the Business Activities (SADBA). But Ministry of Commerce, Industry and Energy(MCIE) had initiative in the enactment process and as a results, many articles of SADBA are favorable for MCIE. MCIE tried to make a resolution by a dominating approach. Another is establishment of Regulatory Reform Committee (RRC), as a centralized institution conducting regulatory reforms. RRC tried to handle problems about overlap of the regulations case by case. But these are not complete simplification alternatives because of the limitation with compromising strategy.This study proposes two ideas as an integrating strategy. One is an unification of law and the competent authority in terms of occupational safety. Another is a simplification approach like Singapore.