[Public Voices] The Importance of Administrative Rules for Substantive Rule of Law

Published 24 Oct.2022 11:45(KST)

Iwan-gyu, Chief of the Legislation Office. [Photo by Yonhap News]

[Asia Economy] Administrative rules refer to directives, regulations, guidelines, and notices. Usually, administrative rules are thought to be unrelated to the daily lives of citizens because they regulate procedures and standards within administrative organizations. However, many people are surprised to learn that numerous aspects of our daily lives are governed by administrative rules.

For example, phrases such as "Keep out of reach of children" and "Avoid contact with eyes" printed on disinfectants frequently used for hand sanitization (Safety confirmation standards for designated household chemical products), the size and placement of nutritional information and allergy warnings on health functional food boxes encountered daily (Labeling standards for health functional foods), and the standards and frequency for measuring fine dust at schools attended by our children (School environmental hygiene and food hygiene inspection standards) are all cases in point. Many things closely related to our daily lives are thoroughly embedded in administrative rules.

Administrative rules rank lowest in our legal system hierarchy, following the Constitution, laws, presidential decrees, and subordinate regulations such as ministerial and prime ministerial orders. However, due to the diversity of matters regulated by administrative rules and their overwhelming number?approximately 19,000 cases?they have a greater impact on citizens' daily lives than higher-level laws. In particular, some contents that directly affect citizens' rights and obligations are delegated from laws to administrative rules for regulation.

For these reasons, more attention and research on administrative rules are necessary to realize substantive rule of law. Furthermore, as administration becomes more segmented and specialized, cases where specific matters are regulated by administrative rules will increase. Therefore, a systematic approach is required in the enactment and revision of administrative rules.

The Ministry of Government Legislation acts as a gatekeeper before administrative rules enter the legal system. When ministries prepare new administrative rules to establish regulations, the Ministry reviews them in advance to check for violations of higher laws and conflicts with other administrative rules. It also examines existing administrative rules for any provisions that contradict laws or are unreasonable, enabling the relevant ministries to make improvements. This year alone, about 5,000 administrative rules have been reviewed, reflecting a strong sense of responsibility as the gatekeeper of administrative rules.

In addition, since early this year, a pre-consultation system for administrative rules has been introduced as part of proactive administration to support ministries in preparing lawful administrative rules from the initial stages of their creation. Revising administrative rules only after citizens experience difficulties due to existing rules is like locking the barn after the horse has bolted. Therefore, regulations that hinder citizens' autonomy and creativity within administrative rules are being boldly improved in advance. This work by the Ministry of Government Legislation is the most fundamental and basic for substantive rule of law, and for this reason, it is necessary to renew our perception of administrative rules.

As the Minister of Government Legislation, the central administrative agency overseeing government legislation, I intend to rationally organize administrative rules?which significantly affect our daily lives just as laws do?and actively support the drafting process of administrative rules to continuously build a citizen-centered and practical legal system. Through this, I hope to lay a solid foundation for substantive rule of law and contribute to the development of our society in a more transparent and fair direction.