독립행정위원회 설치ㆍ운영 입법에 대한 헌법학적 검토 ― 독립성ㆍ전문성 등 설치 요건 체계화를 중심으로 ―

초록

The principle of unity in administration has been widely recognized as a fundamental organizing principle of modern administrative power, primarily for reasons of efficiency and promptness. While the legislature operates as a deliberative decision-making body composed of multiple members in a collegial structure, the executive branch is considered to function more efficiently when a single individual assumes responsibility. However, contemporary administrative structures are increasingly shifting away from traditional ministerial organizations, emphasizing independence and expertise through independent administrative commissions within a public-private governance framework. This trend necessitates a renewed examination of why such commissions are needed and how they can be justified. This paper focuses on independent administrative commissions, excluding typical central administrative agencies such as government ministries, departments, and agencies (bu, cheo, cheong), which are based on the Constitution and the Government Organization Act, and follow hierarchical administration. Instead, the study defines independent administrative commissions as agencies that: ① have a legal basis for their establishment under Article 2, Paragraph 2 of the Government Organization Act or other statutes, ② operate independently from the existing hierarchical structure of government ministries, ③ handle the entirety of their respective jurisdictions, and ④ function in a collegial or commission format. The study further extracts key conceptual elements crucial to the establishment and operation of independent administrative commissions, namely: ① independence, ② expertise, ③ novelty or non-traditional characteristics, ④ administrative deliberation through consensus among multiple experts, and ⑤ political neutrality. Using these conceptual elements as criteria, the paper examines the constitutional standards and limitations that must be considered when legislating the establishment and operation of independent administrative commissions in Korea. Furthermore, it explores the conditions under which these commissions can secure autonomy from existing administrative organizations and political influence, thereby ensuring the professionalism of independent administration.

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