KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Background and Purpose

○ As the administrative environment becomes more complex and diverse, and making policy decisions now requires more extensive expertise than ever before, the committee system is widely used to collect diverse opinions from the public and experts in various fields in a timely manner. 

○ Although there are statutes, such as  the Government Organization Act and the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies, which stipulate the system for committees affiliated with administrative agencies or serve as the basis for their establishment, many committees are not established and operated based on practical needs and reasonable standards.

○ As a result, the Government is also making policy efforts to establish, integrate, or abolish committees, but there are still institutional issues, such as the proliferation of unnecessary committees and inefficiencies in their operation, which highlight the need for improvement. 

○ This study aims to streamline the committee system and improve its effectiveness by examining the current state of committee operations and analyzing relevant statutes, such as the Administrative Agency Committee Act. The goal is to develop a legal framework that enhances the practical functioning of committees affiliated with administrative agencies, ensuring they fulfill their intended purpose. Additionally, this study aims to propose legal and institutional improvements to reduce unnecessary duplication and ensure effectiveness.

 

Ⅱ. Main Content

○ A survey on the current state of systems of committees affiliated with administrative agencies 

- This study examined the current state of the establishment and operation of committees affiliated with administrative agencies, analyzing their functions and roles across different Ministries. The findings revealed that, as of the first half of 2024, there were a total of 615 committees, including 42 administrative committees and 573 advisory committees.

- The study focused on the operational status of six Ministries, in the following order: the Prime Minister's Office, the Ministry of Health and Welfare, the Ministry of Trade, Industry and Energy, the Ministry of Education, and the Ministry of Agriculture, Food and Rural Affairs.

○ Case analysis of committee operations in foreign administrative agencies

- This study offers insights for improving the domestic system, based on case studies of the committee systems and their operations in the United States, France, and Japan.

- This study outlines ways to improve the administrative committee system, including (i) enhancing the independence and neutrality of administration, (ii) increasing expertise, (iii) boosting transparency and accountability, and (iv) improving operational efficiency of committees based on the examples of committee systems and their operations in other countries.

○ Legal analysis of the committee system and identification of issues

- Multiple statutes, including the Government Organization Act, the Administrative Agency Committee Act, and other individual statutes, provide for the establishment of committees. However, unclear criteria for forming committees and the inadequacy of operational regulations have led to the proliferation of committees and their inefficiency. This, in turn, results in issues such as budget waste, yet addressing these problems remains challenging. 

- The committee system's intended purpose is undermined by weakened expertise, impartiality, independence, and autonomy. The subordinate relationship with Ministries restricts independent decision-making. Moreover, there is limited involvement of private experts in committee formation, along with inadequate procedures to ensure fairness and transparency.

- Therefore, institutional improvements for administrative committees are necessary. To achieve this, it is important to assess whether the current Administrative Agency Committee Act is effectively functioning. Based on this analysis, this study suggests measures to improve the Administrative Agency Committee Act and the statutes governing individual committees.

- The current Government Organization Act does not provide specific criteria for establishing committees, types of committees, or ways to distinguish them from other government committees, so a review and improvement of these provisions are necessary. 

○ Measures to streamline committees and enhance their operational efficiency

- To prevent inefficient operations and the proliferation of administrative committees, it is necessary to address committees with low performance or whose practical operational outcomes no longer align with their original purpose. Specifically, this study recommends consolidating or abolishing underperforming committees, and creating subcommittees or working groups to improve task distribution and overall efficiency.

○ Specific proposal for legal improvement

- In connection with legal improvement, this study examines the issues with the current Government Organization Act and proposes long-term improvement directions.

- This paper proposes an amendment to the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies as a specific approach to legal improvement.

- A revised standard is proposed to improve individual statutes that stipulate the system for committees affiliated with administrative agencies.

 

Ⅲ. Expected Effects

○ Through legal research on the system for committees affiliated with administrative agencies, this study offers insights for improving the current system and developing the legal framework.

○ This study suggests directions for improving the provisions of the Government Organization Act related to committees affiliated with administrative agencies and recommends amendments to the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies.

○ In line with the reorganization of committees carried out by the Ministry of the Interior and Security, this study provides basic data to support policy development and amendments to relevant statutes and regulations.