Regulatory Strategy for Business and Human Rights of Public Institutions in Steering State

This study aims to establish a rational regulatory strategy by analysing the fundamental factors that act as limitations to ‘Business and Human Rights’ in public institutions. To achieve this goal, the study uses the theoretical framework of the steering state, which is discussed in the methodology of administrative law. The domestic ‘Business and Human Rights’ regulatory system was designed to spread to the private sector after the introduction of ‘Business and Human Rights’ to public institutions through the ‘Evaluation of Management Performance’ system. Therefore, the performance of public institutions is important for ‘Business and Human Rights’ to have an impact on the private sector. However, ‘Business and Human Rights’ of public institutions has remained in a formal process since its introduction, which is sometimes understood as a fundamental limitation due to the nature of public institutions. Legalisation of human rights due diligence is being proposed as a solution, but it is necessary to analyse in detail the limitations and possibilities of the state's steering ability through the law from the perspective of steering theory. This study analyzed ‘Business and Human Rights’ regulatory system and the current state of ‘Business and Human Rights’ in public institutions to establish a reasonable regulatory strategy. It proposed ways to strengthen the regulatory system for ‘Business and Human Rights’ in public institutions by improving the National Human Rights Plans of Action, the Act on Contracts to Which the State is a Party, the Evaluation of Management Performance system, and the Business and Human Rights Reporting Directive of the National Human Rights Commission.