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A study on the distinction between reporting system and similar concepts in administrative law

  • DONG-A LAW REVIEW
  • 2018, (78), pp.87-118
  • DOI : 10.31839/DALR.2018.02.78.87
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 11, 2018
  • Accepted : February 27, 2018
  • Published : February 28, 2018

YUN KIJUNG 1

1동덕여자대학교

Accredited

ABSTRACT

It is desirable that theoretical legal terms be used in accordance with legal or practical terms, but the reality is different. Especially in the field of administrative law, the use of ambiguous terms is more serious. This also applies to the use of terminology in report, notice and submission. This study was designed as a starting point of problem solving based on the use of ambiguous and inconsistent terminology. To do this, I analyzed the current laws and found out the differences and then presented the classification criteria. As a result, the notice is used not only when an individual gives an administrative office, but also when an administrative office do an individual and an administrative office to an administrative office. therefore, it should be clearly distinguished from the report that the direction is limited to what the individual do to the administrative office. The report is a public law act of a individual, the report is different from the notice in terms of the direction of the act in that the report is directed toward the administrative office. The submission is used as a regulatory means in a weak sense that is separate from the report itself. However, depending on its nature, submission may be interpreted as a report. In the case of submission, there is no case that an administrative agency do to individual in the direction of conduct. The report and application is made on the basis of the fact that, when it comes to registration as a means of regulating entry, the application and report are the beginning of the legal action, and that the claim is made on the basis of the next procedure, both the report and the application is made on the basis of the principle of the claim. On the other hand, a report can only be deemed to have implemented its reporting obligations if it is legitimate, but in the case of an application, it can be determined whether the purpose is achieved based on the responses from the administration. Report abuse is also mandatory, and it is usually regarded that the duty of the Administration to respond to an administrative office does not exist, so it is different from the duty of the Administration to make a report as a difference between the two parties.

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