입법과정의 민주적 정당성 제고를 위한 모색 - 법률안의 위원회 회부제도를 중심으로 -

• 영문명: A Study on the Way to Improve Democratic Legitimacy in the Legislative Process - With Special Reference to the Referral of Bills to Committees -
• 발행기관: 한국헌법학회
• 저자명: 임종훈(Lim Jong-Hoon)
• 간행물 정보: 『헌법학연구』憲法學硏究 第11卷 第4號, 287~321쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

This paper addresses the issue of how to improve democratic legitimacy in the legislative process of the Korean National Assembly. As most of the law-making function of the National Assembly is performed at the committee stage, which committee considers a bill is vital to the fate of the bill. Thus it is important to decide where to refer a bill. So far the National Assembly has an established rule that a bill should be referred to only one committee which has jurisdiction. However, the contents of many bills cut across the jurisdiction of several committees. A single committee which considers a bill is susceptible to a minoritarian bias by allowing an interest group to capture the members of the committee with low transaction cost. Also the rule is against the ideals of the deliberative democracy which emphasizes participation and deliberation in decision-making. This paper examines the ways to improve democratic legitimacy of the legislative process at the National Assembly. This paper relies on two basic themes which are interconnected. One is to advance the ideals of deliberative democracy in the legislative process by encouraging participation and deliberation in the process. The other is to prevent a minoritarian or majoritarian bias from occurring in the legislative process. Applying the themes to the issue of bill referral to committees, this paper makes a couple of suggestions as follows. First, a bill the content of which cuts across the jurisdiction of several committees should be referred to those pertinent committees. This will definitely improve the participation of a variety of groups of people in the legislative process. And this will help reduce a minoritarian or majoritarian bias in the process. The following question is how to reconcile the different amendments to a bill offered by several committees. Two options are available. One is to create a kind of conference committee which accommodates those several committees concerned. The other is to facilitate the Committee of the Whole to reconcile differences among committees on a bill. Second, in more general terms, the National Assembly should make more frequent use of the Committee of the Whole which the National Assembly introduced in 2002 but has only been used a couple of times so far. In the case of major bills which influence the nation, it is recommended for them to be referred to the Committee of the Whole before they reach the floor of the National Assembly. The two suggestions will help the legislative process to move toward to a process for preference building in making decisions.

목차

Ⅰ. 서론

Ⅱ. 국회입법의 현황 - 의원입법의 역할 증대

Ⅲ. 분석의 틀

Ⅳ. 법률안의 위원회 회부 제도(현행)

Ⅴ. 현행 단일 소관위원회제도의 문제점 - 사례검토

Ⅵ. 위원회회부제도의 개선방안

Ⅶ. 결론

참고문헌

[Abstract]