행정입법에 대한 국회의 사전적 통제기준

The Prior Standards of Congressional Control over Delegated Legislation

There are subject matters traditionally governed through delegation of legislative power; a long history of regulation outside the legislature supports a broad reading of a delegation of power. Power to govern certain professions is traditionally delegated to an administrative agency. Such delegation of legislative power needs the controls from arbitrary and capricious rule-making. There are four broad mechanisms for the control of it: consultation, publication, legislative scrutiny and judicial review. The nature if the judicial process us nonetheless unsuited to any generalized control over the content of rules. For the checks in the form of consultation, legislative supervision and publication must remain the chief weapons. Legislative review of administrative regulations and decisions might favor a broad delegation of power. If the legislating body knows that the power it delegates cannot be exercised without being exposed to legislative disapproval, there is less reason to fear the initial delegation. The legislating body may state a general policy, assign the development of specific details to administrative consultants, and then review the product to assure that it comports with the original policy, and does not create more problems than it solves. All developed countries have variety methods to direct control over the delegated legislature, for example laying process, affirmative resolution, and negative resolution. Such prior and direct of congressional control systems above countries should be introduced into Korean laws for congressional efficiency review of regulations. This paper is consisting of four chapters; introduction, control types of delegated legislation, prior standards of congressional review of regulations, and conclusion.