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Research Report

A Study on the Legar Foundation of Government Innivation
  • Issue Date 2022-12-21
  • Page 91
  • Price 5,500
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Ⅰ. Background and Purpose
○ Today, social problems are becoming more complex and uncertain. Each subject of society is making efforts to "innovate" the way they work and improve their organizational culture in order to adapt and actively respond to the changing society.
○ At the government level, it is facing social calls to improve the governance system and improve the way it works, such as creating new public services and managing crises by effectively predicting and responding to changes inside and outside.
○ The purpose of this study is to find a way to establish unity, sustainability, and openness of government innovation by systematically supporting the basic principles of government innovation discovered through analysis of previous studies and the establishment and implementation system of innovation agenda through public-private cooperation.
○ This study aims to recognize the meaning of the word "government innovation" as a process of future predictive and future-oriented solution of social problems on the premise that not only the government but also civil society and the people are subjects of innovation by "innovation" under certain values and ideologies. In this respect, I would like to argue that "government innovation" needs to be institutionalized in terms of democracy in deriving innovation tasks, sustainability in promoting innovation tasks, and sharing their results.
Ⅱ. Major Content Items
▶ Necessity of Government Innovation Legislation 
○ Government innovation aims to improve public trust in the government and contribute to national development by predicting changes in the government's role according to the changing social environment and renewing the government's organization and way it works to respond to social problems. 
○ In light of the need for government innovation, it is also necessary to consider whether "government innovation" can be carried out with the internal capacity of the government. Establishment of strong leadership and continuous innovation promotion system to promote "innovation", establishment of processes to secure democracy in deriving innovation tasks, sharing innovation delivery system and innovation performance, and sharing innovation performance feedback with the public may be considered.
▶ Measures to legislate government innovation
○ (Defining the concept of government innovation) It refers to all activities to develop and provide public services, processing procedures, operating systems, working methods, public organization structure, culture, and administrative systems to suit the knowledge and information society, and to strengthen its ability to actively respond to social problems that may arise in the future society.
○ (Government Innovation Goals) Government innovation aims to improve the efficiency, fairness and transparency of public services by changing procedures, operating systems, working methods, organizational structures, cultures and institutions within the government.
○ (Continuity of government innovation) In order to systematically support transitional government innovation activities, there is a need to establish a legal foundation for "government innovation" and create a government innovation ecosystem where new innovation programs and projects can take root in people's lives, regions, and industries.
▶ Review of the legislative method
○ (Legislation in the form of basic law) Government innovation is a task that must be promoted across ministries, comprehensive, systematic, and mid- to long-term. Government innovation is a task that must be promoted within the government and the public sector, and in itself, the rights of the people are not restricted or obligated. 
   - Nevertheless, the direction and implementation process of government innovation should be shared with the public and opened for the participation of the people. However, it is difficult to legislate tasks to materialize government innovation from the perspective of flexibility, and it will be possible to institutionalize processes and mplementation systems to derive government innovation tasks. 
  - The legislative form of the basic law discussed above is considered appropriate to include a regulatory system on the direction of government innovation and public participation in the implementation process, including the process and implementation system of government innovation
○ (Legislation in the form of a Presidential Decree) In order to institutionalize government innovation in the form of a presidential decree, the scope and contents of its application do not include the contents of laws and regulations related to the rights and obligations of the people, but should be limited to government organizations including public institutions in a broad sense.
▶ Specific Alternatives to Government Innovation Legislation
○ (Proposed Framework Act on Government Innovation) If the Framework Act on Government Innovation is enacted, the concept and definition of government innovation should first be stipulated. The normative conceptualization of government innovation should allow it to operate as a guiding ideology of law, including the legal values that government innovation aims for.
  - In addition, the basic bill should present basic principles and directions for realizing government innovation. By presenting the basic principles and directions of government innovation in the Framework Act on Government Innovation, it should play a leading role in promoting innovation in social systems as well as government sectors such as the state and local governments. 
  - Finally, it is necessary to stipulate the tasks of government innovation agreed through analysis of the situation of the times and establish a continuous promotion system.
○ (Measures to add a venue for government innovation to the regulations on administrative efficiency and promotion of collaboration) The goal of government innovation is added to the purpose regulations, the concept of government innovation is newly established in the definition regulations, and a chapter on the promotion of government innovation is newly established in Chapter 3. Chapter 3 shall consist of provisions on the basic principles of government innovation, the system for promoting government innovation, and the methods and utilization of government innovation, etc.
○ (Measures to institutionalize by Presidential Decree pursuant to Article 5-2 of the Administrative Procedure Act on Innovation in Administrative Affairs) The Administrative Procedure Act aims for fairness, transparency, and reliability of the administrative process, so that Article 5-2 of the innovation of the administrative process can be expanded to be applied and specific matters can be delegated to the Presidential Decree to secure legal grounds for innovation in the administrative process.
Ⅲ. Expected effect
○ This study can contribute to the establishment of an institutional foundation to continuously promote government innovation. In addition, it provides the basis for academic discussion in terms of re-examining the policy task of government innovation at the normative level.