행정규제 개념의 재정립을 위한 이론적 고찰

초록

In this paper, the concept of administrative regulation (Article 2) and the purpose of the law (Article 1) under the Framework Act on Administrative Regulation (FAAR) are reviewed. The study aims to propose policy measures that shift the purpose of regulation from cutting the total amount of regulation and regulatory burden, repealing existing regulations, and discouraging the creation of new regulations, to enhancing the public value that regulations are intended to protect. The current FAAR focuses regulatory reform on the former rather than the latter. This approach risks undermining the original purpose of regulation, which is to protect and promote individual liberty, life, and property. This paper examines classical liberalism of Locke and Smith, which holds that law and regulation do not suppress liberty but rather protect and promote it. Furthermore, republicanism, which holds that the rule of law creates freedom, raises the need to revise the purpose of regulatory reform and the concept of administrative regulation. Based on this view, regulation can be recognized as a mechanism to protect the people rather than suppress liberty. In this sense, the concept of regulation can be understood as a dynamic policy intervention process by the government to secure public compliance, rather than a static concept of being part of the law and traditional command-and-control regulation.

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