행정법상 신고제도에 관한 고찰

• 영문명: The Analysis about the Report System of Administrative Law
• 발행기관: 경희법학연구소
• 저자명: 윤기중(Yoon, Ki-Joong)
• 간행물 정보: 『KHU 글로벌 기업법무 리뷰』제3권 제1호, 43~72쪽, 전체 30쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

Like all administrative law systems are doing, the report system is understood as the means for smooth communication between the government office which is an administrative subject and the private person. But problems of the report system in the practice are so caused by the wrong use of system, that it interrupts its communication. This paper discusses these issues from the legal point. The problem in the current report system is remained in the practical perspective, that the obligator to report have not received it by the administrative office despite the lawful report or such applications is rejected later. In this case is usually similar to the case, with which the system of license and authorization etc. is handled. One of causes of these discrepancies is lying in the overflowing deregulation policies, in which the reality of the administration did not reflect. On the other hand it can be found, in which the legal discuss on the report concept, in comparative with the report that does necessary to be accepted, is focusing on the original title means something different from the its nature. By including this concept of report system such the report that does necessary to be accepted, it is to be administrative bias for this administrative subject on the one hand and is contrary to the trust and the predictability in administrative procedures for the private person on the other hand. According to the academic literature so far we can recognize this problem about the report system. However, also it is the reality that they will not give the answer. Furthermore the administrative office would not be aware of these issues the problem and even dare to say administrative practices. As above explained it’s necessary to raise the problem for a little more advanced discussions. The purpose of this paper is to research the report that does necessary to be accepted from the original point of the report system. It concerns the following Issues: Analysis of the report articles in current law, a relief measure for improper acceptance rejection. Subsequently the various topics, the electronic filing system as well, are demonstrated. In conclusion, it is to bring out my solution to the answer about these issues of the report system.

목차

Ⅰ. 서론

Ⅱ. 신고의 법적 성질과 종류

Ⅲ. 신고제도의 문제점

Ⅳ. 신고제도의 개선방안

Ⅴ.결론