Megrendelés

Yoo-Hwan Kim, Ph.D in Law[1]: Introduction to Korea Legislation Research Institute (JURA, 2013/1., 134-138. o.)

I. About

Korea Legislation Research Institute

A. Establishment and Major Duties

Korea Legislation Research Institute (hereinafter KLRI), a government-funded research institute, was established in July 1990 to conduct professional research on legislation and systematically collect and manage legal information to assist in the formulation of national legislative policy and the timely and accurate distribution of legal information. The Korea Legislative Research Institute has the following duties: research in domestic and overseas legislation and legislative policy; collection, management and distribution of legal information by its network service; publishing and distribution of laws and regulations and its additional resources; research in legislative techniques and the history of legislation in Korea; readjustment of legal terms, old legal codes; joint research in collaboration of domestic and overseas research institutes; operation of visiting-scholar programs for domestic and overseas researchers; execution of research projects entrusted by domestic and overseas research institutes and of research projects consigned by government or private entities. As Korea's only government-funded research institute specializing in legislation, KLRI provides effective legislative solutions to current policy-making issues, utilizing the results of KLRI's high quality research. Furthermore, KLRI contributes to advancing Korea's legislation to the global standard and to enhancing its global accessibility through collecting and providing information on legislation of various countries around the world and providing English translation of Korean law.

Recently, KLRI has expanded studies to apply various methodologies in integrated social science by utilizing legislation evaluation techniques researched by KLRI, along with assisting national legislative policymaking through interdisciplinary studies and integrated studies. To address the needs for global legislation studies, KLRI has been extending a network of cooperation in legislation studies worldwide, securing the basis of global legislation studies by executing MOUs with government institutions and institutes of legal studies and legislative agencies in Brazil, Argentina, New Zealand and other countries around the globe. Together with these initiatives, KLRI will be actively pioneering a new set of legislative and regulatory systems in response to technological innovation in collaboration with specialists in the areas of science and technology. Looking forward, KLRI will make every effort to provide powerful impetus to the advancement in Korea's legislative policymaking and to establish a reliable foundation for Korea's positive engagement with the world by providing timely analysis on the latest legislative information from countries around the world.

B. History

The Korea Legislative Research Institute celebrated its 22th anniversary on July 30, 2012. Over the past twenty two years the Institute left these remarkable footprints: July 30, 1990: Establishment of Korea Legislative Research Institute; Mar 12, 1998: Publication of a new edition of English Translation of the Statutes of the Republic of Korea; Jan 29, 1999: Membership to the National Research Council for Humanities and Social Sciences under the Prime Minister's Office; Oct 13, 2005: Launching of ALIN (Asia Legal Information Network); Aug 15, 2008: Partnership Contract with GGGI (Global Green Growth Institute); July 1, 2010 : KLRI 20th Anniversary International Academy Conference; May 11, 2011:Received the Best Institute Prize (for the fifth time) evaluated by the National Research Council for Economics, Humanities and Social Sciences; Dec 30, 2011: Publication of the KLRI Journal of Law and Legislation; Mar 14, 2012: Launching of the Legislative Policy Forum.

C. Organization

1. Organization Chart

KLRI, with its president on top, consists of two Divisions, ten Departments and one Center. The two Divisions are Research Division and Management and Planning Division. Research Division has six research Departments, one Legislative Translation Center and a Research Support Department. Management and Planning Division is composed of Research Cooperation Department, Planning and Evaluation Department and Management Support Department.

2. Organizational Functions

a) President

The president of KLRI is appointed by the Chairperson of NRCS (National Research Council for

- 134/135 -

Economics, Humanities and Social Sciences) which is under the Prime Minister's Office. The president, the representative of KLRI, directs and supervises the Institute.

b) Research Division

1) Administrative Legislation Research Department

With the focus on such topics as advancing the legislative system, deregulation and overhauling unreasonable laws and regulations, and building a reliable social framework, administrative legislation research is carried out via in-depth analysis on a variety of research needs for administrative legislation, thus assisting the government's legislative policy-making, readjusting unreasonable laws and regulations, and contributing to enhancing Korea's international standing through helping advance its legislative system. There are two different kinds of research that is conducted regularly and non-regularly throughout the year at the KLRI: Basic and non-scheduled research. Basic research projects are conducted to discover and research subject matters of which an overhaul is deemed to be required from the middle- to long-term perspective, thus presenting directions for future legislative policies of the government. Non-scheduled research projects are conducted to discover and research timely and relevant subject matters in the administrative legislation field, thus enhancing the likelihood of their incorporation into public policies.

2) Economic and Social Legislation Research Department

With the focus on such topics as the advancement of the national legal system and the construction of a legal structure for advancing social coexistence, socio-economical legal research is carried out to meet varied legislative needs in the field of socioeconomical legislation, thus supporting the government's legislative and policymaking functions and contributing to the establishing of a national legal system suited to the global setting. Basic research projects are conducted with the goal of discovering and researching mid- to long-term research projects on subject matters relating to industrial economy, society and culture, coexistence and common prosperity, and national budget, thus presenting directions for the government's legislation and policy-making in the future. Non-scheduled research projects and government-entrusted research projects are implemented with the goal of assisting the government in preparation for legislation designed to meet legislation and policy requirements of the year in the socioeconomic arena by readily responding to such needs.

3) Global Legislative Research Department

i) Global Legal Research

KLRI conducts global legal research to find fluctuating trends in the international society. By analyzing such trends, KLRI produces research results and legislative policy proposals applicable to domestic and foreign settings, thus leading government policies and international discussions and disseminating the results of research widely. In-depth global research is done as part of conducting research to provide solutions, which are responsive to the globalizing world and linked to government policy and to the international agenda, on the basis of legislative research compatible with reality. Legislative research in response to global issues (current studies) is for conducting legislative research in the time-sensitive global agenda, current policy issues or major social issues. Global E-Brief is conducted with the focus on international organizations and foreign governments and research institutes, proposals responsive to the global agenda and their relationship with domestic legislation are analyzed and organized to support the direction of Korea's policy and the efficacy of Korea's legislation. Building a global research network is also important in forming a research cooperation system with domestic and foreign research institutes in the legislation field and enhancing the efficiency of legislative research, and thus supporting Korea's legislation to satisfy the global standards. Domestic and Overseas Conference/Working-Group meetings are held to propose measures to improve on government policies via holding domestic and overseas academic conferences with the focus on global agenda.

ii) Green Growth Legislation Research

In order to support the green growth policy, the government's major policy priority, and to assist in the government's legislative efforts in giving a legal basis to it and in its smooth implementation, KLRI conducts research in ways to minimize the gap between related policies and the current legal system, thus presenting directions of policy which would be capable of leading the global trends in the related field. KLRI also puts forward ways to improve the current laws and regulations, with the aim of contributing to the successful execution of the green growth policy. Green growth legislation research involves essential research projects by proposing future policy directions via core research in major subject matters to support the green growth policy from the mid to long term perspective. There are timely research projects that present timely and relevant solutions to current issues in the green growth policy via short-term research. Also translations of green growth laws in major countries are published to provide reference materials helpful to policy-making and research in related areas by

- 135/136 -

publishing translations of green growth policy-related laws in major countries of interests. Newsletter on green growth in the international community is also released to monitor the current situation of green growth-related legislation in major countries and international organizations and provide its main contents via an e-mailing service. International conference relating to green growth is held, inviting domestic and overseas specialists to host academic conferences on major topics in green growth, thus providing in-depth, relevant research material.

4) Comparative Legislation Research Department

i) Comparative Law Research

By conducting systematized comparative law research, such as professional research based on comparative legal studies, accumulation and provision of foreign legislative information, and publishing of specialized comparative legislation publications, comparative legislation research is carried out to meet the needs of the government and the private sector for comparative legislation analysis. In addition, a global network of specialists in comparative law is maintained and KLRI acts as a hub of foreign legislation information in collaboration with domestic and overseas research institutes. KLRI's main task in this field of comparative law research is the research in comparative law which involves legislation research in raw material development cooperation in MAVINS countries. There are non-scheduled research in comparative law which provides intensive research analysis on current issues, such as a legislation analysis on the mediation of medical disputes in the United States. Research on the latest foreign legislation (periodical) is regularly conducted to provide analysis on the latest foreign legislation via a global network of research specialists in comparative law. KLRI Journal of Law and Legislation (published in English) is published to provide specialized research papers by publishing an international academic journal on the issues and trends relating to laws and legislation in countries around the world. Booklet on ASEAN Investment Law is annually released to provide translations and explanations of investment law in ASEAN countries to be used as a practical reference material for the government and the private sector.

ii) International Legal Collaboration

Via the Asia Legal Information Network (ALIN) comprising research institutes representative of each country in Asia, KLRI shares legal information on the countries to which member institutes belong and execute and support research activities on legislation in Asia. In particular, KLRI has accumulated source materials through studies on Korea's legislative development, has striven to share the legal information via ALIN, and has committed to cooperation and support activities on the basis of international cooperative joint studies and research cooperation, thus expanding its contribution and influence in the field of legislation. International legal collaborations involve the operation of ALIN by operating a research-oriented network via hosting ALIN conferences and joint research with member institutes. It also includes publishing of research materials by analyzing legislative development in Korea and presenting it to developing countries, thus providing a Korean model of legislative development as reference material. And it also necessitates joint research by supporting joint studies and research activities on current issues of legislation among Asian countries.

5) Legislation Evaluation Research Department

With the aim of improving the quality and rationality of legislation, Legislative Impact Assessment Research is intended to develop and apply scientific techniques to evaluate the social, economic and environmental impacts of legal drafts and current Acts and subordinate statutes systematically and objectively, thus contributing to making our legislation more democratic and scientific. KLRI implements legislative impact assessment by conducting scientific and consumer-oriented research in legislation evaluation theories and methodologies and implementation of legislative impact assessment on the current legislative issues. The institute also manages the legislative impact assessment support system through increasing the efficiency and rationality of legislative impact assessment process via adoption and operation of an information system. The Academic support activities include circulating research results more widely by publishing specialized academic journal, Journal of Legislative Evaluation, and legislation evaluation-related booklets and translations. Building a research network is also part of KLRI's area of global cooperation by forming an information exchange system with domestic and overseas institutions and specialists in the area of legislation evaluation. Also, building a human infrastructure expanding a network of legislation evaluation-related human resources is done by expanding a pool of professionals, conducting interdisciplinary research and developing educational programs.

6) Legislative Analysis Support Department

KLRI aims to contribute to the advanced formulation of policy into legislation and to improve the quality of legislation by building a legislation analysis support system meeting the needs of the nation's current major issues. Ascertaining the needs for legislative analysis is important to determine the needs by receiving and managing legislative analysis applications via KLRI's Internet web-site and e-mail (analaw@ klri.re.kr). KLRI holds sectorial conferences on current

- 136/137 -

issues in legislation to gather opinions and discuss policy directions and execution plans, legislative plans, needs for legislative analysis and to decide whether to lend support to them. KLRI provides support programs suited to the needs for legislative analysis. Via analysis on the current legislation, any problems with the system and the contents of the law in the sector under investigation are diagnosed. Furthermore, the system and the contents of the legislative bill being promoted by the sector is analyzed and diagnosed via the analysis on foreign legislation and on legislative bills. The institute also implements legislative analysis, and provision and disclosure thereof said legislative analysis. By publishing Issue Papers on Legislative Analysis, and Legislative Analysis Support, KLRI provides the optimal legislative analysis results suited to the needs for legislative analysis.

7) Legislative Translation Center

Legal translation projects produce English translations of Korean laws. As societies accelerate their opening up, the range of economic activities expands into international dimensions, and cross-border exchanges among countries become more common. KLRI strives to further the world's understanding of the Acts and subordinate statutes of the Republic of Korea, strengthen Korea's international stature, stimulate overseas trade and exchange and to encourage the expansion of foreign investment in Korea via English translations of Korean laws. Legal Translation Team deal with matters relating to English translation service for the Korean laws and online publication of the current Acts and statutes of the Republic of Korea, etc. The issues at hand are matters relating to lending support to international cooperation projects and other programs in the related area.

8) Research Support Department

The Department assists research Departments and the Center in general.

c) Management and Planning Division

The Research Cooperation Department is in charge of research planning, public relations and management of global network. The Planning and Evaluation Department deals with the evaluation of institute assessment, management innovation, budget formulation and execution, and the operation of computer network system. The Management Support Department is in charge of human resources affairs, accounting, and general affairs.

II. Network

In this age of globalization, the Korea Legislative Research Institute has concluded MOUs with world's leading institutions to pursue various academic exchanges and cooperation such as joint-research and exchanges of researchers and information. The 34 institutions that KLRI concluded MOUs located over five regions and fifteen countries.[1]

III. Services

A. Publications

1. Research Reports

To assist the government in formulating legislative policies, the Korea Legislation Research Institute has published more than 230 research reports and has completed more than 1,560 research projects, collections of materials, etc., since its establishment.

2. Issue Papers

The purpose is to disseminate knowledge and experience in legislation by explaining issues in national policies or major issues in the latest legislation connected directly with the lives of citizens and by pointing out major contents, characteristics, implications, etc. of the statutes from the point of view of legislative practices.

3. Journal of Legal Research

The Journal of Legislation Research is an academic journal in the field of law which is published in June and December every year for the purpose of finding the theoretical basis for desirable legislation and providing legislative support for the formulation of national legislative policies by analyzing the actual state of legislation in the Republic of Korea. It points out the problems of current legislation in the special issue, presents legislative opinions and improvement methods, and includes selected articles.

4. Legislative Impact Assessment Research

The Legislative Evaluation Research is published once every year. It promotes professional academic researches in legislative evaluation through presentation of general legislative evaluation theories, development of advanced legislative evaluation, comparison with foreign legislative evaluation examples, and legislative evaluation examples of the current statutes of the Republic of Korea.

5. KLRI Journal of Law and Legislation

KLRI Journal of Law and Legislation is a journal of legal studies published for the purpose of facilitating substantial use of the global network provided by the Institute and providing a forum for forging

- 137/138 -

a global academic alliance among legal scholars and executive officers in various countries. It will promote understanding of legislations in various countries, provide support to the national legislation policies, and facilitate legislative development, by accumulating a diverse range of achievements based on comparative legal research on current global issues and legislation trends in the global arena.

6. Latest Foreign Legislation Information

Its purpose is to assist in formulating legislative policies and in carrying out relevant research by providing various legislative examples through prompt investigation and provision of the latest foreign legislation including information on the establishment and amendment of statutes of each country, legislative issues, major contents of the established and amended statutes, the expected effects and implications of such establishment and amendment, etc. and through presentation of the status and contents of legislation of each country corresponding to a domestic demand for legislation and current domestic issues.

7. Bub Yeon

The Korea Legislation Research Institute's promotion magazine 'Bub Yeon' contains 'Legislative Column' which discusses legislation from a macroscopic point of view, 'Issue and Prospect' which analyzes issues for each field of law, 'Report Briefing' which promotes research achievements of the Korea Legislation Research Institute, and other major publications and news of the Korea Legislation Research Institute.

B. Membership Services

1. Internet Members

The lists and contents of research reports, legislative materials, etc. published by the Korea Legislation Research Institute may be searched and downloaded after registering for membership on the homepage (http://www.klri.re.kr) with no membership fee.

2. Web Service of the English Translation of the Statutes of the Republic of Korea

The Korea Legislation Research Institute provides the web service of the English Translation DB of the Statutes of the Republic of Korea, using its experience in the publication of collections of statutes and the maintenance and management of statute database. Korea's only English translation database service providing 1,200 materials including current statutes of the Republic of Korea, such as the Constitution and important Acts and Enforcement Decrees.[2]

3. Search Methods and Features

There are various convenient search methods such as alphabetical search, search by field, search by terminology and search by promulgation date and number. The text content leads to easy access to other contents. You have easy access to the full texts of the statutes and amendment histories. Provisions of relevant Acts referred in the text are hyper-linked to the texts of the referred provisions. ■

NOTES

[1] As for Foreign Legislative Researchers' Service Regions and Countries, see Japan, China, Taiwan, United Kingdom of Great Britain and Northern Island, Federal Republic of Germany, French Republic, Italian Republic, Republic of Austria, Swiss Confederation, Republic of Turkey, United States of America, Argentina, Israel, Republic of South Africa, Australia. Some examples of Foreign Partner Organizations: British Institute of International and Comparative Law, Center for Asian Legal Exchange, Nagoya Univ., Japan, College of Law, Univ. of the Philippines, Philippines, Far Eastern National Univ., Russia, Foro de Estudios sobre la Administracion de Justicia (FORES), Argentina, Groupement de Recherches sur l'Administration Locale en Europe(GRALE), Université Paris Panthéon-Sorbonne, France, Indiana Univ., USA, King's College Law School London, United Kingdom, National Legal Center of Mongolia, Ministry for the Environment, New Zealand, University of Sao Paulo, Brazil, Univ. of Cologne, Germany.

[2] See http://elaw.klri.re.kr; choose "Law Search" menu

Lábjegyzetek:

[1] The Author is President of Korea Legislation Research Institute Professor of School of Law, Ewha Womans University.

Tartalomjegyzék

Visszaugrás

Ugrás az oldal tetejére