행정기본법 하에서 인허가의제의 운용방향

• 영문명: Study on the Application Direction of the Deemed Authorization or Permission under the General Act on Public Administrative
• 발행기관: 충북대학교 법학연구소
• 저자명: 임성훈(Lim, Sung Hoon)
• 간행물 정보: 『법학연구』第32卷 第2號, 63~89쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.12.31

영문 초록

The deemed authorization or permission has been widely introduced and used, but its contents and methods are not uniform. Although regulations on the licensing agenda were introduced in General Act on Public Administration, it is difficult to see that the legal issues surrounding the deemed authorization or permission have been clearly clarified with those regulations. Looking at the flow of the Supreme Court ruling and the interpretation of the Ministry of Legislation, the divisible deemed authorization or permission is widely accepted instead of integrated deemed authorization. Even in light of the related regulations under the General Act on Public Administrative, the application of the deemed authorization or permission should be developed on the premise of the divisible deemed authorization or permission. Relevant authorization is established internally through consultation of the relevant authorizing administrative authority , and takes effect externally through notification of the primary authorization. Accordingly, the relevant authorizing administrative authority may revoke or withdraw relevant authorization, and even in the case of a dispute over relevant authorization, the relevant authorizing administrative authority may become the defendant. If consultations cannot be reached because the relevant authorization requirements are not met, a lawsuit regarding the refusal of relevant authorization is filed against relevant administrative agency. On the other hand, if it is impossible to proceed with the project according to the primary authorization without relevant authorization, the primary authorization itself may be rejected. In this case, a lawsuit is brought against the refusal of both primary and relevant authorization. The litigation becomes complicated according to the concept of divisible deemed authorization or permission but this can be resolved through the introduction of procedural rules. To this end, It is necessary to introduce regulations on the indication of the administrative agency, the presentation of reasons for the refusal of the consultation, the object of dispute and the defendant. Finally, it is necessary to reexamine whether the omission of relevant authorization procedures is justified. Under the divisible deemed authorization or permission, relevant authorization procedures are guaranteed in principle, and procedures can only be omitted in exceptional cases if necessary for rapid business progress. Legislative reorganization should be made through a comprehensive review of individual laws. In addition, the relevant authorizing administrative authority should be allowed to proceed with relevant authorization procedures if necessary.

목차

Ⅰ. 서론 – 인허가의제에 관한 해석상 문제점

Ⅱ. 부분인허가의제의 인정 기준

Ⅲ. 부분인허가의제를 기초로 한 인허가의제에 관한 해석론

Ⅳ. 결론 – 관련 인허가 절차에 관한 개선 방안

키워드

행정기본법 인허가의제 협의절차 인허가의제의 취소 집중효 deemed authorization or permission General Act on Public Administration Consultation Procedure Cancellation of deemed Authorization or Permission One Stop Service