Research Report
Ⅰ. Background and Purpose
□ The sunset system of administrative rules functions as a system contributing to rationalizing the administrative rules currently in force as well as to simplifying and reducing the volume of legislation.
□ The sunset system of administrative rules means the development for quantitative deregulation (deregulierung) aiming at “Less and Better Regulations”, and serves as another propulsion engine for qualitative deregulation.
□ Whether or not to introduce a system similar to the sunset system of administrative rules has been discussed as part of a policy for red-tape cutting and better law-making in some countries, and some states of Australia, Germany, etc. have long since instituted such system and implement it at present.
□ The purpose of this study is to examine issues that are likely to arise from the introduction of the sunset system of administrative rules as well as improvements therein, by analyzing the theoretical basis for such sunset system and advanced countries’ experience thereon.
□ In particular, this study aims to propose improvements in the sunset system of administrative rules for its effective establishment as a legal system by examining how each Ministry or administrative agency has actually operated such sunset system, which was introduced in April 2009, and by presenting matters to be supplemented for its effective operation.
Ⅱ. Major Content
□ Many researchers’ experience has shown that it is almost impracticable to find the Best Practice that can be presented as an international model for institutionalizing various sunset systems, including the sunset system of administrative rules.
□ Nevertheless, there is a consensus that the sunset system of administrative rules contributes to the enhancement of predictability of public administration and responsibility for explanation to the general public by achieving quantitative deregulation in legal norms and promoting the simplification of statutes and the harmonization of provisions thereof to facilitate qualitative deregulation in such norms.
□ The clear deion of the areas to which the sunset system of administrative rules shall not apply and the announcement of a reasonable and appropriate sunset date and tible shall be taken into account for extending and promoting such sunset system and ensuring more effective application thereof and for reducing the burden on administrative agencies and procedural expenses, respectively.
□ It shall be necessary to establish institutionalized procedures and standards for evaluation and review to prevent the perfunctory and automatic extension of the expiration date of administrative rules subject to a sunset system without verification of effectiveness or efficiency of such administrative rules.
□ In introducing a new system, such as the sunset system of administrative rules, a legislative form organized in terms of legislation theories and techniques shall be taken fully into account so that it can be launched as an organized system from the outset of such introduction.
Ⅲ. Expected Effects
□ This study is expected to contribute to the stable establishment of the sunset system of administrative rules by providing information and knowledge on legislation theories for the efficient operation of such sunset system in the future and by presenting techniques and methodologies for the reasonable operation thereof.
□ This study is also expected to provide valuable data for rationalizing the sunset system of administrative rules and enhancing its effectiveness by examining matters to be supplemented for the implementation and application of such sunset system on the basis of an empirical analysis of the operation thereof.