한국지방행정연구원

The Korea Local Administration Review

Year
2014-03
Author
Kim, Kwon-Sik ․ Lee, Kwang-Hoon

Factors Afecting the Choices of Instruments for Environmental Regulation : Focusing on Decentralization, Bill Proposer..

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Factors Afecting the Choices of Instruments for Environmental Regulation : Focusing on Decentralization, Bill Proposer..download
This article attempts to assess the effects of decentralization, bill proposer,and forms of legal norms on the choices of instruments for environmentalregulation.The article analyzes all 867 registered regulations under the ministryof environment in Korea, ranging from the 1960s to 2012. The binary logisticanalysis results show that various factors affected the types of regulatory tools.First, introduction of local autonomy since 1991 tends to decrease priorapprovals and increase market-based/information tools. Second, regulationsmandated to local governments are likely to have less prior approvals/inputstandards and more output standards/market-based tools. Third, bills proposedby members of the National Assembly tend to have less input standards andmore market-based tools than bills proposed by the president. Fourth andfinally, with respect to forms of legal norms, regulations included in acts arelikely to have less input standards and more output standards than regulationsincluded in administrative legislation such as presidential decrees, ordinances ofprime minister and ministries, and administrative rules.
□ Keywords: regulation, decentralization, local autonomy, legislature, bureaucracy,environmental regulation, regulatory reform