규제학 - 개념, 역사, 전망

Abstract

The purpose of this paper is to explore the concept, the history and the prospects of regulatory scholarship which has been developed recently. Most of all, this paper is based on the categorisation of two forms of regulation. Firstly, this paper deals with the traditional form of regulation, i.e. Command and Control (CAC), which is based on the legal rules of the state. However, due to an increasing identification of the regulatory failures of CAC regulation, regulatory scholarship and decision-makers have tried to search for a new regulatory strategy. The second part of this paper is devoted to dealing with this new type of regulation. Inspired by Teubner’s idea of reflexive law, which provides structural premises for reflexive processes in other social subsystems, the new regulatory strategy focuses on various actors and their interactions and interdependencies instead of a single actor (e.g. the government, state agency), on one hand, and it attempts to employ a wide range of regulatory techniques, on the other hand. The consequence of this type of regulation is to respect the autonomy of social actors and social systems rather than to treat them as the passive object of regulatory policies. Lastly, this new type of regulation is associated with the regulatory state. In comparison with the nightwatchman state, which is based on liberalism, and the Keynesian welfare state, which uses interventionist regulatory policy, the regulatory state does not limit itself to formal regulation but its mode of intervention is quite different from that of the welfare state. The first aspect is the separation of policy making from operational tasks in public services, such as water, telecommunications, electricity and gas; the second is the establishment of free-standing agencies that are independent from government to oversee privatized public services; and the last is that indirect and pluralized regulatory techniques are adopted as an alternative to CAC regulation. The discussion of regulation is very important and useful in many policy areas, since almost all aspects of private and public activities can be understood through this regulatory lens.