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경제⋅인문사회연구회 미래사회 협동연구총서 14-38-01

규제제도 및 규제영향 분석에 대한 연구 - 경제분야

연구책임자 임원혁 외

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제 출 문

경제․인문사회연구회 이사장 귀하

본 보고서를 귀 경제․인문사회연구회가 의뢰한『규제제도 및 규제영 향 분석에 대한 연구 - 경제분야』에 관한 협동연구사업의 최종보고서 로 제출합니다.

2015. 2

한국개발연구원 원장 김 준 경

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경제⋅인문사회연구회 미래사회 협동연구총서

“규제제도 및 규제영향 분석에 대한 연구 - 경제분야”

1. 협동연구총서 시리즈 협동연구총서

일련번호 연구보고서명 연구기관

14-38-01 규제제도 및 규제영향 분석에 대한

연구 - 경제분야 한국개발연구원

2. 참여연구진

연구기관 연구책임자 참여연구진

주관 연구 기관

한국개발 연구원

임원혁 연구위원 (총괄책임자)

이시욱 연구위원 김정욱 연구위원 방세훈 연구위원 이상무 전문위원 홍자경 전문연구원 김승주 전문연구원 김나현 전문연구원 김재희 연구원 장세연 연구원 위서연 연구원 임향미 연구원

협동 연구 기관

산업

연구원 고동수 선임연구위원

오영석 선임연구위원 최현경 연구위원 백웅재 연구원 김민지 연구원 이서영 연구원

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목 차

제1장 서론··· 1

제2장 우리나라 규제관리제도··· 3

제1절 우리나라 규제관리제도 ············································································3

1. 우리나라 규제관리제도의 개요 ······························································3

제2절 우리나라 행정규제 등록현황 및 주요 특징 ··············································8

1. 규제 등록제도의 개요 ·············································································8

2. 등록대상 규제 ···························································································9

3. 행정규제의 등록현황 ·············································································10

제3절 규제영향분석제도 ····················································································12

1. 규제영향분석 ··························································································12

2. 규제영향분석의 평가(평가기준) 및 사후 관리 ···································23

3. 규제영향분석 제도의 운영 및 문제점 ·················································27

제3장 해외 규제관리 제도 및 규제영향분석 사례연구··· 30

제1절 주요국의 규제관리제도 ··········································································30

1. 영국의 규제관리제도 ·············································································30

2. 미국의 규제관리제도 ·············································································66

3. 호주의 규제관리제도 ···········································································97

4. 네덜란드의 규제관리 제도 ································································124

5. 프랑스의 규제관리제도 ·····································································155

제2절 주요국 규제영향분석 사례연구 ·····························································175

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1. 영국의 규제영향분석 사례 ··································································175

2. 미국의 규제영향분석 사례 ··································································208

3. 호주의 규제영향분석 사례 ··································································234

제4장 규제영향분석 지침 개정 및 적용에 관한 연구··· 252

제1절 규제영향분석의 방법론 ········································································252

1. 규제영향분석서의 작성 요건 및 방법 ···············································252

제2절 기존 규제영향분석 사례분석 ·······························································264

1. 사례 1: 신재생 에너지 공급의무화(RPS) ········································264

2. 사례 2: 특송업체 등록신청 및 통관편의 제한 ································271

3. 사례 3: 어업구조개선 대상어업의 직권지정 ····································276

4. 사례 4: 중수도 시설 설치 및 기준 강화 ·········································280

제3절 규제영향분석 지침 개선 방안 ······························································284

1. 규제비용분석 관련 쟁점 분석 ····························································284

제5장 규제비용총량제 도입방안··· 304

제1절 규제비용총량제 개요 ·············································································304

1. 도입배경 ································································································304

2. 규제비용총량제 ····················································································305

3. 사업개요 ································································································308

제2절 규제비용총량제 가이드라인 ··································································309

1. 규제비용총량제 운영방안 ···································································309

2. 규제비용분석 ························································································315

3. 규제비용분석서 검증 ···········································································328

제3절 규제비용총량제 시범사업 분석 ·····························································329

1. 규제비용분석서 제출현황 ··································································329

2. 사례분석 ······························································································333

제4절 시사점 ·····································································································339

1. 비용․편익분석 역량강화 ·······································································339

2. 규제비용총량제 운영방식의 개선 ······················································340

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참고목록··· 343

부록 산업통상자원부 소관규제 분석··· 347

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표 목차

<표 Ⅱ-1> ‘규제영향분석서 작성 지침’ 개정(2012. 08) ·····························5

<표 Ⅱ-2> 규제 일몰제의 유형 ···········································································7

<표 Ⅱ-3> 중앙행정기관 연도별 등록 규제 수 ················································11

<표 Ⅱ-4> 규제영향분석제도의 근거 ·······························································15

<표 Ⅱ-5> 규제개혁위원회의 구성 ···································································17

<표 Ⅱ-6> 중요 규제의 기준 ·············································································19

<표 Ⅱ-7> 규제의 비용과 편익 분석 ································································21

<표 Ⅱ-8> 규제영향분석서 평가 항목 ······························································24

<표 Ⅱ-9> 규제영향분석서 항목별 평가 결과 ·················································25

<표 Ⅲ-1> 영국의 영향평가서의 적용대상 ······················································36

<표 Ⅲ-2> 영국의 영향평가서의 제외대상 ······················································36

<표 Ⅲ-3> 규제비용총량제 적용제외 대상 ······················································57

<표 Ⅲ-4> IN, OUT, ZNC 구분 ········································································59

<표 Ⅲ-5> 주요 법령 및 행정명령 ····································································69

<표 Ⅲ-6> OIRA 규제안 검토 건수(1994-2008) ···········································77

<표 Ⅲ-7> RIA 구축 단계 ··················································································78

<표 Ⅲ-8> RIA의 필요요건 ··············································································86

<표 Ⅲ-9> 규제의 특성에 따른 분류 ······························································104

<표 Ⅲ-10> 규제영향진술서 7가지 기본요소 ················································106

<표 Ⅲ-11> 규제영향분석서 작성시 비용-편익분석 절차 ···························110

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