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An Analysis and Evaluation on the Situation of Current Scientific Discussions and the Major Legislations of the Korean Administrative Investigation System
Public Land Law Review
Abbr :
KPLLR
2009, 45(), pp.359-382
Publisher : Korean Public Land Law Association
Research Area : Law
2009, 45(), pp.359-382
Publisher : Korean Public Land Law Association
Research Area : Law
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This article was written for the purpose of giving some reports about the legal system of the Korean administrative investigations. To serve this purpose, the systematic explanations and evaluations are tried in this paper about the situation of current scientific discussions in the jurisprudence of administrative law and the major legislations of the korean administrative investigation system. At first some analysis were made about the scientific discussions of it especially about the definitions, classifications, necessity of legislative backgrounds, limits of substantial and procedural laws and the possibility of litigations against unlawful investigations. The next step was to analyse the current movements of the administrative legislations. There are general and special legislations. The first one is "The Framework Act on Administrative Invesitgations". The definition, general principles, planning, essencial procedures are regulated in this act. The last one consist in more than 160 particular acts. They are the background of the individual administrative investigations. Among them are some acts under the framework of general legislation for example "The Waste Control Act", "The Safety Control Act of Inflammables and Explosives" and another exceptional case of it as "The Framework Act on National Taxes", "The Monopoly Regulation and Fair Trade Act". The major contents of these acts were systemized, some problems of these legislations enlightened and measures for arrangement of them were suggested. The last step was the comprehensive evaluation of korean situation about the administrative investigation. Because the general legislation was made in the year 2007, it was necessary to devide the situations between before 2007 and the perspectives after 2008.
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