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Legal Nature and Actual Signification of Report in Public law

  • DONG-A LAW REVIEW
  • 2013, (58), pp.185-216
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

JEONG HOON 1

1전남대학교

Accredited

ABSTRACT

Report, registration and permission are measures that administraitve agency use to regulate actions of people. According to the impact of regulation to the people, ‘Report - registration - permission’ are listed in order of strength of the impact. Report and permission among that three measures can be distinguished to some extent in concept. And the report is divided into report with acceptance and report without acceptance, the two can be distinguished in concept. But the distinction between registration and permission or report with acceptance and registration is not easy in concept. Furthermore, in practice of administration, it is not clear what difference there would be among report, registration and permission in point of the application procedure or deliberation. Nevertheless, it is not reasonable that the Supreme Court divide report into the report with acceptance and the report without acceptance. Therefore, the report which demands substatial deliberation of administrative agency needs to be switched to permission. Finally, the registration should be regarded as a measure of not regulation but prehension of a fact.

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