Research Report
Study on Basic Orientation of Rearrangement of Youth-related Laws Following the Enforcement of the Framework Act on Youth
Ⅰ. Background and purpose
○ Despite the enactment of the Framework Act on Youth on February 4th, 2020, the debate has made little progress over the legislation of practical ways to implement measures to improve the rights and interests of the youth.
○ The enforcement of the Framework Act on Youth in August 2020 has sparked a debate over boosting the consistency in pushing for youth policies based on the Act and enhancing the legal system for effectively improving the rights and interests of the youth.
○ These circumstances necessitate a review over the need for legislation for both detailing the Framework Act on Youth and realizing the ideas of the Act and over criteria of legislation types.
Ⅱ. Main Content
○ Legal Nature and System of the Framework Act on Youth
- The Framework Act on Youth is a framework law for protecting and supporting a certain group of people—the youth by securing their legal status and rights.
- The Act is a framework law as a form of policy, type 1, and the general norms of policy means.
- The two different laws are preferentially applicable to the Framework Act on Youth: the Special Act on the Promotion of Youth Employment in relation to boosting employment of the youth; and the Promotion and Support Act of Successor Farmers and Fishermen and Young Farmers and Fishermen, to promoting young farmers and fishermen.
- The age range of 19 to 33 to define the youth under the Framework Act on Youth currently in force is conceived to encourage the maximum participation of the youth in the labor market and to reflect in policies the problems of the youth out of the labor market.
- The current amendments to the Framework Act on Youth put a bigger emphasis on formulating applicable provisions regarding support for the youth than on enacting or amending a specific law on ways to expand youth participation in policy making or on measures to improve their rights and interests.
○ Legal System for Youth in Other Countries
- As for the cases of other countries, a large number of them have separate laws, not framework laws on the youth.
- Legislations for supporting the youth vary on nations, but many of them have enforceable legislative systems for effective support policies.
○ Forms of Legislation for Detailing the Framework Act on Youth
- The government is pushing for a new legislation to detail the Framework Act on Youth and to consistently and efficiently realize its ideas. Any of the following forms of legislation may be taken into consideration:
- To wholly amend the current Framework Act on Youth into a framework act as a form of measure, type 2, and a comprehensive code of laws, as with the Framework Act on the Management of Disasters and Safety:
- To separate the section of measures to improve the rights and interests of the youth under Chapter Ⅳ of the Framework Act on Youth as an independent framework act on improving the rights and interests of the youth:
- Either to enact the eight provisions of the measures to improve the rights and interests of the youth under Chapter Ⅳ of the Framework Act on Youth as separate laws; or to categorize and enact them into five separate laws:
- To enact a new separate law by using the measures to improve the rights and interests of the youth under Chapter Ⅳ of the Framework Act on Youth as a legal basis:
- It would be appropriate to enact a new separate law, tentatively named “Act to Improve Rights and Interests of Youth”, given such factors of the aforementioned options as the efficiency of achieving the legislative purpose, legislative economics, convergence of the legal system, the public’s ability to understand.
Ⅲ. Expected Effects
○ The study on the basic orientation for rearranging the youth-related laws following the enforcement of the Framework Act on Youth would lay a foundation for attaining the purposes of better well-being for the youth and of improving their rights and interests under the Framework Act on Youth.
○ This research would also serve as comprehensive data to amend the Framework Act on Youth or to enact a new one.