KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

I. Background and Purpose of Research

▶ Purpose of Data-driven Legislative Evaluation 

○ With climate change, environmental pollution, and the development of new science and technology, new hazardous factors are continuously occurring in the food sector. As overseas trade in food expands, it is difficult to unify and manage the history of food from the production stage to the consumption stage. In particular, it can be said that the general public's interest in safety issues related to various food products, which are directly related to life and health, is very high.

○ In order to accurately analyze the limitations of food safety-related legislation and systematically resolve them, legislative evaluation research is needed targeting the Framework Act on Food Safety, which is the most important law.

○ This study aims to confirm whether it has been carrying out its functions and role as a basic law for 15 years since its enactment in 2008 through a legislative evaluation study on the Framework Act on Food Safety.

▶ Method of Data-driven Legislative Evaluation 

○ In this study, we investigate literature and laws in the field of food safety, and collect and analyze related data and fact-finding surveys. In addition, we plan to conduct a survey of expert opinions and prepare legislative alternatives based on related data.

 

Ⅱ. Major Contents

▶ Basic analysis for legislative evaluation research on the Framework Act on Food Safety

○ In the past, the concept of food hygiene was used rather than the concept of food safety. Before the enactment of the Framework Act on Food Safety, the Food Sanitation Act was enacted and implemented in 1962 and has been applied most broadly to the food sector. It has been used interchangeably to mean that compliance with food hygiene ensures food safety.

○ In 2008, the National Assembly Health and Welfare Committee proposed and passed the Food Safety Basic Act as an alternative to the committee, and it was enacted on June 13, 2008, and went into effect on December 14 of the same year. The enacted law consists of a total of 6 chapters and 30 articles, including general provisions, food safety policy establishment and promotion system, emergency response and follow-up investigation, scientificization of food safety management, information disclosure and mutual cooperation, etc., and consumer participation.

○ After the enactment and enforcement of the Framework Act on Food Safety, the “Special Act on Imported Food Safety Management” was enacted to establish a systematic system for the safety management of imported foods, and quality control, designation procedures, administrative dispositions, etc. regarding the testing and inspection management system in the food and pharmaceutical fields. For consistent management, the Act on Testing and Inspection in the Food and Drug Field was enacted, consolidating the regulations on labeling and advertising of food, etc., which were dispersed in various laws, and clarifying the standards for labeling of food, etc. The regulating Act on Labeling and Advertising of Food, etc. was enacted.

○ The fact that individual legislation in the food sector continues to emerge has the advantage of eliminating legislative blind spots in the food sector and reflecting diverse legislative demands. However, at the same time, it shows that the complexity of the domestic legislative system related to food safety still exists even after the enactment of the Framework Act on Food Safety.

 

▶ Survey of expert opinions on the Framework Act on Food Safety

○ Regarding the Framework Act on Food Safety, we conducted a study to collect expert opinions to examine the effectiveness of the Framework Act on Food Safety through a Delphi survey of experts in related fields and to find directions for future improvement.

○ This survey was conducted by 20 experts, including academics, related industry workers, and legal experts, to provide opinions on the functions and roles of the Basic Act, opinions on the legislative system of the Framework Act on Food Safety, and opinions on the legislative purpose and management system of the Framework Act on Food Safety. It was conducted in two stages.

○ Through this survey, many negative opinions were raised by experts regarding whether the Framework Act on Food Safety serves as a basic law in line with the legislative intent, and opinions were also presented that the relationship with related laws such as the Food Sanitation Act should be reorganized.

 

▶ Legislative alternative to improve the Framework Act on Food Safety

○ It can be said that it is necessary to prepare a legislative alternative to establish a basic legal status and system through the reorganization of the Framework Act on Food Safety. In particular, it is more important to clearly present the principles of food safety-related laws, so-called food safety laws, etc. in the Basic Food Safety Act and to play a leading role in ensuring that related laws are organized accordingly in order to optimize the legal status of the Basic Act. It would be said to be desirable.

○ The Framework Act on Food Safety must provide principles for pre- and post-life cycle safety management of food, and related laws such as the Food Sanitation Act must be reorganized to regulate only matters that need to be separately regulated by type or type of food. 

○ Food should be classified by type and regulated to reflect its special characteristics. At the same time, the Framework Act on Food Safety and related laws should be reorganized to ensure effectiveness by establishing an integrated management system for food as one object.

 

Ⅲ. Expected Effects

▶ Application of Legislative evaluation research methodology

○ Through this study, it can be used to find ways to improve the Framework Act on Food Safety in the future by preparing legislative alternatives for individual issues as well as the legislative system of the Framework Act on Food Safety.

 

▶ Presentation of Legislative evaluation research results : Framework Act On Food Safety

○ This study attempts to apply legislative evaluation research methodology to actual research through legislative data analysis and sociological research methodology, so it can be used in future legislative evaluation research on other laws.