Research Report
Ⅰ. Background and Objective
□ Legislation in the past had authorities and obligations of maintenance of social justice that contributes to legitimacy of a state, as contemporary legislation principally holds the individual rights and social prosperity.
□ As changes in society has also brought changes in the definition of legislation, the importance of legislation evaluation is undeniable for it examines the execution of bills or acts.
□ However, a new alternative research methodology for such is required, due to overwhelming increases in numbers of variants that possibly obstruct clearer researches on evaluations on legislated laws or acts.
□ In this study, we are going to analyse the former evaluation methods and criteria on evaluation of legislation and compare to the other policy analysis methods with the similar approaches found in the aforementioned methods to suggest the complementary analysis means from the integrated quantitative and qualitative approach.
Ⅱ. Main Content
□ In legislation, its lawfulness and the liability shall be acquired in prior to the planning and furthering and for which, cost- benefit analysis has become the popular evaluation methodology on legislation and its effects for that measures the fulfillment of the intended goals.
□ Despite the popularity, cost-benefit analysis are apt to cause errors from the methodological side and the researcher's subjective judgment that diminishes credibility of such approach, requiring the new alternatives.
○ The potential alternatives of cost-benefit analysis are Conditional Value at Risk Measurements (CVM), Heodonic Approach, Participant Observation, In-depth Interviewing or other various qualitative or quantative approaches.
□ Nevertheless, not all of these alternative approaches are applicable to every legislation or enactment. Considering differences in ‘values’ defined in each of it may also differentiate the needed evaluation criteria, a pertinent evaluation standards shall be prepared.
○ In case of some policy analysis where evaluation is standardized, the analysis are distinguished into Validity Analysis, Regulation Effect Analysis, Environmental Effect Analysis and Communicational Effect Analysis with separate and independent approach to each.
○ Validity Approach tackles on necessity or demand forecast for a new project to find the appropriateness and the validity of the business initiation and uses survey and SWOT Analysis.
○ Regulation Effect Analysis cost incurred from regulations to judge the efficiency as quantitative approach such as cost-effect analysis.
○ Environmental Effect Analysis values efficiency with distribution and for such, case-comparison studies or impact assessment.
○ Finally, Communicational Effect Analysis considers service satisfaction as the primary value and approaches it with pretopost method.
□ Different from a normal policy analysis, the former research on legislation evaluation is not based on the evaluative criteria but reexamines the effectiveness that have differences in results may occur; the new complementary legislational evaluation criteria is in need.
○ In the evaluation on the immigration law, not only the quantitative approach but also the survey and in-depth interview is necessary.
○ Private Education (Hagwon) Act also needs survey altogether with other approaches such as analysis on diminishing demand over private education as the purpose is aimed at inspecting efficiency of prevention of private education.
○ In such area of environmental issues where Soil Environment Conservation Act becomes valid, more than cost-benefit analysis on the effectiveness of service and the qualitative approach to such as considering it as a service towards the customer, which are the people in this case, a Travel Cost Method that shows non-market values is necessary.
○ Construction Waste Promotion Act and the related legislation is mostly about proving the effect of its legislational consequences, however, expert interviews or the others are available to analysis some variants that are hard to quantify.
Ⅲ. Expected Effects
□ The integration of quantitative and qualitative methodology is of importance in conducting legislation evaluation.
○ Because policy analysis(PA) has used various methodologies long before the legislation evaluation developed, PA can give useful ideas in integrating quantitative and qualitative methods.
○ Balancing quantitative and qualitative approaches will be the future direction for the development of legislation evaluation.