국회의 입법과정과 지원제도에 관한 연구

Abstract

This dissertation describes the study on the method of improving the legislative process and system. The legislative process is consisted of drafting and proposal, deliberation and voting, and promulgation and reconsideration of a bill. The legislative system is institutionalized on the every stage of the legislative process to meet the expertism, the democracy and the efficiency. The expertism of the legislative process means the ability to grab the people s demands and needs, the skill to translate them into the bill. The democracy of legislative process means that the process must not depend upon special powers but must be institutionalized so that legislation content may be decided by it fully reflecting the greater part of the nation. The security of democracy is considered from two points of view. One means that the national intention is to be efficiently conveyed to a member of National Assembly, a legislator, and another means that members of National Assembly mutually discuss fully the bills which the greater part of the nation can express sympathy with and reach an agreement through discussion and consultation. The efficiency of legislative process is related to missing an opportunity in that the process must cope swiftly and appropriately with legislation demand which is large in quantity and requires high expertise in quality. The bill is distorted or does not take in effect due to the change of legislation demand or environment, because the bill made through democratic procedure fails to be timely effected as discussion and agreement takes too much time. Under the present National Assembly Act, there is an institutional system for meeting democracy and efficiency at the same time by several stages of legislative process. However, in the process of actual enforcement, there are some cases when efficiency is lowered by laying stress on democracy or democracy is hindered by stressing efficiency. Accordingly, the institutional system prepared by each stage in legislative process is considered as follows from the point of democracy and efficiency. The reinforcement of legal organs of National Assembly is both the method of ensuring democracy from the standpoint of aggregating the national intent and the method of raising the efficiency in which the national intent is converted into legislative law timely. Preliminary announcement of legislative bill or the opening of legislative process to the general public is the method of ensuring democracy from the point of view the content of legislative bill is known to the general public, and the reinforcement of petition function from the point of pouring the national intent into the National Assembly. The reduction of proposal quorum of assemblyman-proposing legislative bill is the method of ensuring democracy from the point of view that various national intents are converted into a bill and can be discussed in the National Assembly. And limiting the number of the bills the Government proposes in the Regular Session can prevent the Government from proposing too much bills, so that it is the method able to raise efficiency. The deliberation and voting of a bill can be classified into reference to Standing Committee, deliberation of a Committee, and deliberation and voting of a Plenary Session. First of all, the system of reference to related committees is the method able to ensure democracy because it allows related members of committees as well as members of a competent committee to participate in the deliberation of a bill. The fixed period of deliberation on a bill is the system in which the Speaker designates the deliberation period and the deliberation of such bill is forced to be finished within such period, so it can raise the efficiency but is possible to hinder democracy. Accordingly, irregular operation must be prevented. With regard to deliberation of a Committee, the annulment of two years term system of Standing Committee Member is the method able to ensure democracy from the point of view that the national intents can be reflected correctly and efficiency can be achieved through strengthening expertise. The two stages of bill schedule permits a bill to be examined or deliberated for more than two days not for a day, so it is able to ensure democracy because it allows for careful consideration of a bill. Insuring substantiality in the operation of Subcommittee includes enlarging the scope of Subcommittee s activities and the closed Subcommittee s meeting and increasing the members of a Subcommittee. The operation of an multi-related Subcommittee is considered to be the method able to achieve both of democracy and efficiency. A floor manager who takes charge in a certain bill is the method able to raise efficiency from the point of view that expertism is supplemented in the deliberation of a bill, and the reinforcement of deliberation and a vote and the annulment of regular meeting and the introduction of regular public hearing is the method able to ensure democracy from the point of view that careful consideration of a bill can be achieved. The two times opening of the Regular Session and change of the period for inspecting government offices by the National Assembly is the method able to raise efficiency from the point of view that the excessive business to be handled in the Regular Session can be divided. Loosening the requirement of the revision bill proposal quorum is the method able to ensure democracy from the point of view that the members of National Assembly who have an objection to the bill introduced and deliberated can easily reflect their opinions in a bill. The above-mentioned methods for improving the legislative process and system are examined from the point of view the Constitution that declares the human dignity and basic individual right is materialized into the shape of law through the legislative process. Such methods are examined, through the opening of legislative process, with a view to ensuring democratic justness so that various national intents can be reflected in the National Assembly and of achieving the efficiency able to meet the legislation demand of the nation on the timely period.