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주목할만한 보고서

입법영향분석을 통한 더 좋은 법률만들기 ( 입법조사처 2020.6)

입법영향분석을+통한+더+좋은+법률+만들기-20200530.pdf
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❑ 정의
• 입법영향분석(Legislative Impact Analysis)이란 법률안이나 현행 법률이 국
가와 사회, 개인에게 미치는 중요한 영향을-해당 법률안을 입법하기 전(사전에)
또는 입법 후 일정 기간이 지난 뒤에(사후에)-과학적이고 체계적으로 예측・분
석평가하는 것임

 

Ⅰ. 입법영향분석의 개요 / 1
1. 입법영향분석의 정의와 용어 ··············································································3
2. 입법영향분석의 목적 ···························································································5
가. 입법의 품질향상(더 좋은 법률 만들기) ·······························································5
나. 입법자의 의사결정 지원 ······················································································5
다. 입법의 정당성 강화 ·····························································································6
3. 입법영향분석의 대상 ···························································································6
4. 입법영향분석의 유형 ···························································································7
Ⅱ. 입법영향분석의 주요 내용과 방법 / 9
1. 사전적 입법영향분석 ························································································11
가. 문제 확인 ··········································································································11
나. 입법목적의 규정 ······························································································12
다. 입법방안의 도출 ································································································13
라. 각 입법방안에 따른 영향의 비교 ······································································14
마. 이해관계자 의견 조회 ························································································14
바. 선택된 입법방안에 대한 영향분석 ·····································································15
사. 법체계적 분석 ····································································································16
아. 법률 시행 효과 모니터링 또는 사후적 입법영향분석 계획 ·······························17
2. 사후적 입법영향분석 ························································································18
가. 입법영향분석의 배경과 필요성··················· ·······················································18
나. 자료와 분석방법 ································································································19
다. 관계부처 및 이해관계자 의견 ············································································20
라. 입법영향분석 ······································································································20
마. 입법 개선방안의 제시 ························································································22
3. 입법영향분석의 방법론적 원칙 ·······································································22

 

Ⅲ. 해외 주요국의 입법영향분석 제도와 사례 / 23
1. 유럽연합 ···········································································································25
2. 독일 ··················································································································34
3. 영국 ··················································································································41
4. 프랑스 ··············································································································50
5. 오스트리아 ········································································································56
6. 스위스 ··············································································································63
7. 미국(규제영향분석) ···························································································71
Ⅳ. 국회입법조사처의 입법영향분석 연구 성과 / 75
1. 입법영향분석 제도 도입 방안 연구 ··································································77
2. 입법영향분석 보고서 발간 ················································································79
가. 보고서 발간 현황 ······························································································79
나. 입법영향분석 주제 ·····························································································81
다. 입법영향분석의 방법 ··························································································83
라. 입법영향분석 보고서 사례 ·················································································84
Ⅴ. 입법영향분석 제도 도입을 위한 입법 노력 / 87
1. 제19대 국회 ·····································································································89
2. 제20대 국회 ·····································································································91
3. 입법영향분석 도입 관련 법률안의 비교 ···························································93