During the process of vitalizing civic movements in Korean society, there are several distinguished characteristics such as the revitalization of social reform movements using legal methods and the generalization that leads to social changes or prevents retrogression by intervening in a law making process. The movements include legislative movements to enact new laws as well as the movements that try to amend or abolish part of articles or laws that are insufficient or have some problems and movements that prevent undesirable amendment or introduce of wrong systems are also considered as the movement of legislation. Citizens` organizations participate in activities including; first, presenting petition bills, second, request for assemblyman's motion, third, persuasion (lobby) for each assemblyman or party officials, fourth, presenting a written opinion, fifth, activities including making a statement at a public hearing conducted by the National Assembly or the government and etc. It is natural that each activity brings more influences if supported by a variety of activities such as presentation of research papers, on-line and off-line campaigns, a signature-seeking campaign and issuing a statement, holding a forum or a symposium, a contribution to the press. In addition, since only one is chosen among them, they are applied to the process of whole legislative movements simultaneously or gradually. The representative examples are the legislative movements for a business building lease protection law and the legislative movements for the class action law relating to security. In order to enact a business building lease protection law, civil society organizations established an intensive 'legislation alliance.' They extended participants by joining hands with the interested parties who feel keenly the necessity of institution, deviating from the legislative movements by expert groups or civil organizations. They also highlighted the serious problems related to business building lease and the necessity of system reform through a forum and damage reports, campaigns and signature-seeking campaign, selecting monitor projects for a regular session of the National Assembly. Although on-line and off-line signature-seeking campaigns were conducted or campaigns at a securities were held, distributing promotional materials in order to enact class action law relating to security, the movements failed to have public participation and draw interests and supports from public opinion. However, the movement achieved the expected results and there are successful factors including active struggle with a powerful opposite groups, efforts to make 'noisy issues' and 'live issues' by responding to remarks and behaviors made by the persons who had an acrimonious dispute. Furthermore, enacting the securities-related class action law successfully as a symbol of 'chaebol reform' has become the background for the legislation movements.
목차
Ⅰ. 들어가며 Ⅱ. 시민운동이 입법과정에 간여하는 방식들 Ⅲ. 상가임대차보호법 제정운동과 증권집단소송법 제정운동의 사례 1. 두 입법운동의 특징 비교 2. 상가임대차보호법 입법운동 3. 증권집단소송법 입법운동 [Abstract]
키워드
시민운동 (civic movement)입법운동 (legislative movement)증권집단소송법 (class action law relating to security)상가임대차보호법 (business building lease protection act)
저자
박근용 [ Park, Kun-Yong | 참여연대 사법감시팀장(People's Solidarity for Participatory Democracy) ]
오늘날 대륙법계 국가는 물론 영미법계 국가에서도 제정법의 중요성이 점증하고 있음에도 불구하고 그동안 법학의 주된 관심은 해석법학에 머무르고 있는 것이 현실이다. 같은 맥락에서 법률전문가들도 한결 같이 법의 해석·적용에만 천착하고 있을 뿐이며 해석·적용의 전제가 되는 입법 자체에 대하여 관심과 소양을 가지고 있는 전문가는 찾아보기 힘든 실정이다. 국민의 여론을 충실히 반영하면서도 형평성과 체계성·조화성 등을 고루 갖추어 헌법과 입법원칙에 부합하는 입법이 적시에 이루어진다면 불필요한 법적 분쟁을 예방하고 국민의 법 생활을 윤택하게 하며 법치주의의 성공적인 구현에 크게 기여할 수 있을 것이다. 입법학회는 이러한 전제 하에 올바른 입법을 위한 이론적 토대를 마련하기 위한 학문적 탐구를 진행하고자 함.