Research Report
Ⅰ. Background and Purpose
□ In Korea there has been a lively theoretical discussion of incipient phase on the legislation effect assessment until the middle of the first decade of the new millenium, and some foreign model cases have also been introduced continuously up to now. But it seems to be yet insufficient, on the other hand, in terms of the scientific phase in the sense of shaping relevant theory systematically, and in terms of the level of real embodiment of the theory. In this context, it seems to have been lacking to make efforts to find a way to embody and consolidate the optimal legislation effect assessment.
□ Against such a background, this study aims to build a base for legislation assessment institution and to present a model suitable to Korea, through a comparative analysis on the legislation effect assessment in Germany, Switzerland, Austria, and Korea, and, in connection to this, through an analysis on the concept, scope, object, and basic factors for operation of the institution.
Ⅱ. Main Contents
□ Regarding the construction of independent variables, we consider as precondition of variables the common factors for a successful regulation reform, i.e. comprehensiveness, responsibility, professionality, transparency, which are derived from the OECD report and Mandelkern report. And then the 6 variables (legalism, political initiative, active agency, guideline of framing criteria, systematization and substantiality of implementation of legislation effect assessment, and institutionalization of phased method of legislation effect assessment), which connote sufficiently the abovementioned factors on the level of precondition, are set as independent variables. Based on such independent variables, the methodological approach of MSSD is thereafter applied to the dependent variables as the variables related to institutionalization, i.e. to Germany, Switzerland, Austria, and Korea.
□ The result of analysis, which has been derived by applying the method of MSSD (the most similar systems design) is as follows: The 3 independent variables (legalism of legislation effect assessment, guideline of framing criteria of legislation effect assessment, and systematization of implementation of legislation effect assessment) have been appeared as something similar among the cases (i.e. in the sense of intersystemic similarities); In contrast to it, the rest 2 independent variables (active agency of legislation effect assessment, and institutionalization of phased method of legislation effect assessment) have been appeared as something different among the cases (i.e. in the sense of intersystemic differences)
Ⅲ. Expected Effects
□ According to the method of difference in the framework of MSSD, only the 2 independent variables, i.e. “active agency of legislation effect assessment” and “institutionalization of phased method of legislation effect assessment”) have turned out to have a significant meaning as independent variables; In the end, we can predict that these two variables will play a substantial and central role in the building and expanding legislation assessment institution in Korea in the near future.