Research Report
A study on legislation to respond to changes in the population structure
Ⅰ. Background and Objectives
▶ Transformation expected in the entire legislative environment caused by changes in demographic structures
○ Changes in demographic structures triggered by low birth rate and population aging are expected to take place in all sectors ranging from society, politics, economy to culture. Legal policies developed to respond to changes in demographic structures will be critical to all relevant statutes, but as of now, the Framework Act on Low Birth Rate in an Aging Society plays a leading role in response to population decline and structural changes (Article 1 of the Framework Act on Low Birth Rate in an Aging Society).
○ Korea has rapidly transformed itself into a super-aged society. Overall social changes in the future are expected to have a great impact on legal policies. In other words, transformations led by changes in demographic structures are expected to take place in the legislative environment by which several statutes are likely to be affected, and the country is faced with a task of getting prepared for such transformations.
- Framework policies on low birth rate and ageing society are newly formulated every five years and a government-led task force on demographic changes is being operated to prepare and respond to changes in demographic structures. However, the need arises to identify and conduct research on a variety of topics other than tasks presented as outcomes of such efforts.
▶ Objectives of Research
○ This research is focused on legislative tasks and legislative methods by which changes in demographic structures triggered by low birth rates and aging society are addressed. The objectives of this research are to study how to improve the current statutes and to study the legislative methodology regarding how to draw future responses in legislation.
○ First, to take a close look at the current population-related policies and statutes. Second, to analyze the characteristics of legislation adopted in response to future changes in contrast with the general legislation. Ultimately, to present methods to secure legitimacy in legislation and to make a reasonable prediction.
○ The purpose of this research is to identify legislative tasks and come up with improvement measures to respond to social transformations triggered by changes in demographic structures. This research also aims at securing effectiveness in legislation and policies through the legislative impact assessment, etc. of policies developed in response to population change and at coming up with measures for reasonable legislative management.
Ⅱ. Main Details
▶ Concepts of changes in demographic structures and legal basic research (Chapter 2)
○ To conduct comprehensive research on major legal concepts and statutes regarding population policies and changes in demographic structures. And to study the constitutional meaning of population policies and legislation in response to the issue.
○ To conduct research on all types and current status of statutes regarding population policies in the contemporary legislation of Korea. To analyze the forms and details of legal provisions in which population issues are dealt with.
▶ Analysis of demographic statistics and legislative implications (Chapter 3)
○ To understand Korea-specific characteristics with a look into changes in demographic structures of the country based on population-related statistical data analyzed by the Statistics Korea.
○ To explore implications about how the characteristics of changing demographic structures in Korea transform the legislative environment.
▶ Analysis of the current status of legislation in sectors following changes in demographic structures (Chapter 4)
○ To take a look at sectoral policies and legislative details based on the legislative environment and implications discussed earlier. To analyze the current status of and changes in policies developed to respond to changing demographic structures in the Framework Act on Low Birth Rate in an Aging Society and financial, social welfare, regional legislation, etc.
○ To discuss the legal status of the Committee on Low Birth Rates and Aging Society, role sharing with a government-led task force, expanded youth and regional participation in the development of policies under the Framework Act on Low Birth Rate in an Aging Society.
○ To analyze the legislative details for future response, such as long-term forecast and estimate systems, from statutes to meet financial and welfare demand created by changes in demographic changes. And to analyze procedures and methods by which legal systems are established to respond to social changes.
○ To analyze population policies and measures to address population decline in the current regional legislation as the regional legislation is directly affected by changes in demographic structures.
▶ Presentation of legal improvement measures in response to changes in demographic structures (Chapter 5)
○ This chapter presents comprehensive research findings and improvement measures, and shows which development direction to take for a population impact assessment system, the adoption of which is now being discussed. It is a few years ago that the first discussion took place regarding the population impact assessment adopted by statutes, but such adoption occurred not in the form of statutes but of ordinances. This chapter explores possibilities of the population impact assessment being adopted by statutes and presents what is required to realize that by analyzing the characteristics of the assessment and the problems.
○This chapter is to come up with measures to secure demographic legitimacy in population policies and directions to take for the amendment of the Framework Act on Low Birth Rate in an Aging Society for effective role sharing, etc.
- It is necessary to expand and reorganize the Basic Population Policy Act (draft) to comprehensively manage population policies.
- In the composition of the committee, each age group and the central and regional areas should be represented.
- The committee receives information on population-related policies and laws from central administrative agencies and allows them to present their opinions.
- Give the committee the authority to evaluate ex post so that population policies are effectively managed
-To establish regional governance on population policy, local committees and associations of local committees are established.
- Local committees conduct ex post evaluation of regional population policies, and local associations allow policy exchanges between regions and express policy opinions to central administrative agencies.
○This chapter also shows directions to take for improving other population-related legislation, such as the Local Autonomy Act and National Finance Act.
- It is necessary to raise financial resources so that local governments can respond to demographic changes by expanding special accounts or creating new funds.
- A long-term forecasting or estimation system related to finance or welfare for the elderly should be established or included in the basic plan of the relevant law.
- In order for local governments to develop and implement policies suitable for their characteristics, it is necessary to provide them as independent financial resources or to allocate funds in the form of comprehensive subsidies.
- Establish a long-term forecasting or estimation system related to finance or welfare for the elderly or include it in the basic plan of the relevant laws and regulations.
- To include policies to respond to changes in demographic structure in the national land, city, and administrative service-related basic plans.
- In particular, it stipulates the establishment and implementation of plans for elderly-friendly, disability-free cities and administrative services in preparation for a super-aged society.
Ⅲ. Expected Effects
▶ Basic materials regarding directions to take for the overhaul of legislation to respond to changes in demographic structures
○ Every type of legislation developed in recent years tends to provide for the provision of support toward regions with declining populations. In addition, the National Research Council for Economics, Humanities and Social Sciences has played a leading role in conducting fundamental policy research and research to come up with solutions. The findings of such research suggest that the legal system need to be improved, but little research has been conducted with the focus on statutes. This research sought to address how changes in demographic structures should be considered and reflected in legislation. The objective of this research is also to contribute to legislative development by working out plans for the improvement of systems to ensure necessary legal requirements and methods are in place so that policies developed by the government and the National Assembly to respond to changes in demographic structures can be reflected in legislation.
○ Research is being conducted comparing the demographic situation in Japan and China with Korea’s, in consideration of the fact that countries around the world are faced with the similar situation.
○ This research holds a special meaning in that it has extended into areas not covered by the previous legislation studies, namely the significance of enactment and amendment of statutes to respond to changes in demographic structures, unique legislative characteristics that can be found in details, procedures, participation methods, etc., in comparison with other general legislation.
▶ Securing legitimacy of legislation and improved effectiveness in response to changes in demographic structures
○ To present participation procedures in which legislative expertise and uniqueness are secured to respond to changes in demographic structures and the spirit of the age characterized by fairness between generations or regions is reflected into legislation. And to secure demographic legitimacy in legislation adopted in response to changes in demographic structures through participation.
○ To come up with a system to manage and improve legislation to respond to changes in demographic structures in a reasonable and effective manner by presenting reasonable legislative standardㅎs and impact assessment systems to allow for easy adaptation into a low birth rate and aging society which has already become a reality.
○ Legislative improvement measures and legislation models presented in this research can be used as basic materials when related laws such as the Framework Act on Low Birth Rate in an Aging Society are amended in the future.