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Slowing at Sunset: Administrative Procedures and the Pace of Reform in Korea

Published online by Cambridge University Press:  24 March 2016

Jeeyang Rhee Baum  and
Kathleen Bawn
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Abstract

Overhaul of administrative procedures is an important part of most democratic transitions, and procedural regularization and transparency are often seen as steps toward the consolidation of democracy. Administrative procedures affect policy decisions, but whether particular procedural reforms facilitate or hinder democratic responsiveness depends on the details of the procedure and the political environment. In this article, we examine a particular procedural reform: the adoption of a sunset provision in Korea as part of an omnibus administrative procedures package at the end of Kim Young Sam's presidency. A sunset provision might be seen as clearly promoting democratic responsiveness by requiring the winner of the most recent election to explicitly decide whether to keep or drop old rules and regulations. Alternatively, it might be seen as limiting a democratically elected leader's ability to change policy in accordance with his mandate, by requiring expenditure of effort and resources just to maintain a status quo. We argue that the second interpretation applies to the Korean case. We use a spatial model and evidence from regulatory decisionmaking to argue that Kim Young Sam favored the sunset provision because it would constrain the policy decisions of future presidents. Our model offers an explanation for why Kim Young Sam would propose a sunset provision that limited the life of his own regulations.

Keywords

administrative proceduressunset lawKorean politicsdemocratizationbureaucratic reform
Type
Articles
Information
Journal of East Asian Studies , Volume 11 , Issue 2 , August 2011 , pp. 197 - 222
Copyright
Copyright © East Asia Institute 

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