산업별 규제체계 평가에 관한 연구 -규제거버넌스와 성과의 상관관계를 중심으로-

다국어 초록 (Multilingual Abstract)

I. Research Background and Objective□Background of the Research○Continued reform has occurred but quality of regulation unsatisfactory- In spite of the quite complete institutionalization of a regulatory management system, Korean businesses and consumers are not very satisfied by regulatory reform policy-In fact, the Korean quality of regulation as evaluated by international organizations lags behind the level of advanced countries in regulatory reform. In 2007, Korea ranked 32nd among 35 countries when comparing the IMD`s legal and regulatory environment index○Mid- and long- term plan for regulatory reform- A long- term perspective on regulatory reform policy is necessary to avoid conflict of short- sighted interests and to encourage sustained economic growth○Toward regulatory reform policymaking backed by an evaluation scheme- Evaluation of regulatory governance is one of the instruments to improve regulatory quality. Efficient regulatory governance can reduce regulatory burdens of the regulated, thus minimizing transaction costs□Objective of the Research○To examine the evaluation framework for regulatory governance based on industries- Our report aims to propose a framework for evaluating industrial level regulatory governance, and to test its validity by applying it directly to the ICT and electricity sectorII. Main Research Questions and Analysis Results□Main research questions○Definition of regulatory system and regulatory governance- In the analysis, we use regulatory system and regulatory governance to have different meanings- Regulatory system means the whole process of interaction between a regulatory body and the regulated in mediating regulatory instruments and institutions- It comprises the institutional environment, the legal instrument, and the decision- making process- However, regulatory governance means① the process by which the regulatory body is selected, to maintain accountability,② the capacity of the regulatory body to build, maintain, and enforce sound regulatory policy with efficient resource management,③ the respect for institutions and rules that govern the regulatory body`s social and economic interactions with civil society- In this regard, good regulatory governance consists of the accountability, transparency, participation, and capacity○Industry level evaluation- In this report, we try to evaluate the regulatory governance of the electricity sector and the ICT sector- We actually apply a modified version of the evaluation framework developed by EGI, WRI and PRAYA□Analysis results○Electricity sector- According to the results, the regulatory governance of the electricity sector seems to be unbalanced in terms of the four governance principles mentioned above- The capacity and the participation elements need to be enhanced.- The regulatory body needs to raise more policy building and enforcing power and to encourage more civil participation in the decisionmaking process○ICT sector- ICT sector regulatory governance seems to function well compared to the electricity sector- Nonetheless, civil societies capable of participating in regulatory activities need to improve their technical and analytic competence- Also, policy building capability in the policy formation process was insufficient due to the loose supervisory power of the legislative committee○Problems of the actual evaluation program- The government`s actual evaluation of regulatory reform services could be complemented by our evaluation framework- The government`s evaluation framework focuses on regulatory instruments that play an interfacing role between the regulatory body and the regulated- It also favors enhancement of market principles. However, the growth of independent regulatory bodies makes both the marketoriented evaluation principles important and the governance elements more important- In addition to this problem of evaluation principle, the government`s evaluation program has lots of problems, including redundancy in evaluation, diverse characteristics of evaluated bodies, lack of evaluation feedback, and lack of relevance between quantitative index and qualitative aspects of regulatory systemIII. Policy Recommendations□To improve the actual evaluation program of government regulatory reform, we propose the following institutional reforms:○First, transform actual evaluation criteria based on market principles to criteria based on governance principles.- Such transformation should make the evaluation framework more coherent in the era of independent regulatory agency.○Second, change the object of evaluation from the regulatory reform service of ministries to the regulatory system of industries.- Aiming to line up ministries of the government, the actual evaluation program cannot consider industrial characteristics○Third, analyze the relationship between evaluation results and industrial performance○Fourth, construct a feedback mechanism using the evaluation results