2022, Vol.10, No.4

A study on the establishment of the crime of intrusion upon habitation in the case of shared residence

Kim Jan Di | 2022, 10(4) | pp.11~34 | number of Cited : 1

Among crime types prescribed in the Criminal Act, there do not seem to be many crimes that cause divergent theories and confused understanding about their specific concrete contents like the crime of intrusion upon habitation. Particularly, the interpretation of intrusion is closely related to the protected legal interest of the crime of intrusion upon habitation, and there are opposing theories regarding the legal interest, i.e., the residential right theory and the de facto tranquility theory. The latter is a position adopted by the prevalent theory and precedents; however, interpretations of specific contents are in disagreement. Meanwhile, the Supreme Court en banc decision recently changed the previous opinion about the interpretation and application of the legal provision, and denied the establishment of the crime of intrusion upon habitation with regard to an outsider’s behavior of entering residence for the purpose of extramarital intercourse after obtaining the permission of one party of residents. While maintaining the position of de facto tranquility theory as to the protected legal interest of the crime of intrusion upon habitation, the Supreme Court differed in the interpretation of its contents and derived the above conclusion. This issue particularly constitutes a problem in the event that residents differ in opinions about an outsider’s entering residence shared by a number of residents. It is expected that cases of disagreement between residents about an outsider’s entering their shared residence will increase in the future due to overpopulation and diversified housing types; and in preparation for this problem, it is necessary to restrict reasonably the scope of the establishment of the crime of intrusion upon habitation by reviewing the legal interest of the crime and clarifying the concepts of object and the criminal act. Hence, this article first examined the trends of precedents after reviewing theories about the legal interest of the crime of intrusion upon habitation. Next, based on the review and examination, this article suggested criteria for the establishment of the crime of intrusion upon habitation in the case of shared residence. Specifically, if residents of shared residence differ in opinions about an outsider’s entry or stay, the opinion of the resident present in residence prevails, and so it may be said that although an outsider enters residence against the presumed intention of an absent resident, the crime of intrusion upon habitation is not established if the resident present in residence permits entry.

A Study on the Legal Protection of Data under the Amended Unfair Competition Prevention Act

Ji Gwangwoon | 2022, 10(4) | pp.35~70 | number of Cited : 2

A study on the regulation of false information -With reference to Provider of information and communications services regulations in the U.S.-

Go su yun | 2022, 10(4) | pp.73~110 | number of Cited : 2

A study on the regulation of fake information in France

kang myoung won , Shim Woo-Young | 2022, 10(4) | pp.111~135 | number of Cited : 0

A Study on the Regulation of Fake News(Disinformation) - Focusing on Network Enforcement Act -

Park, Yongsook | 2022, 10(4) | pp.137~168 | number of Cited : 3

Discussions about the conflict between freedom of expression and personal rights have been going on long before the advent of the Internet. The same goes for concerns about fake news. However, the field of discussion related to fake news, which has recently been a problem on media platforms, has expanded. Fake news, which in the past was a problem to the extent of simply infringing on an individual's reputation, is now causing serious political and political issues such as social confusion and distortion of political decision making. It has emerged as a social problem. In the past, each country has dealt with fake news by making the publisher of the post liable for defamation, insult, and damages. However, it is posted quickly on media platforms. It seems difficult to regulate the spread of fake news in the traditional way. Accordingly, advanced European countries such as Germany and France are responding to the problem of disinformation by enacting separate laws. Therefore, in this paper, the concept of disinformation and the grounds for restrictions on disinformation are reviewed(Ⅱ), and countermeasures against disinformation in Germany(Ⅲ) are reviewed, thereby coping with disinformation in Korea. Implications(Ⅳ) for doing so have been considered. However, in Korea, it is possible to deal with cases where personal legal interests are violated due to fake news to some extent through the interpretation and application of the “Criminal Act” and the “Information and Communications Network Act.” Therefore, the effect can be achieved without enacting the Network Enforcement Act as in Germany through the current related laws or through amendments to related laws. Of course, fake news causes social confusion, such as racist propaganda and incitement, and the increase in hate crimes, or distorts political decision-making, resulting in social and social issues. In the case of infringing national legal interests, the need to regulate it is recognized. However, even in this case, it is necessary to clearly set out what the ‘legal interest to be protected’ and what ‘expression’ is restricted therefor so that it does not violate the principle of clarity. In particular, with regard to disinformation, it is necessary to distinguish between ‘fake news’ and ‘disinformation’ by giving more weight to the ‘purpose’ of the creation and distribution of the post. In addition, as a regulatory method, the joint regulation method in which the government and the private sector cooperate seems to be appropriate, and the establishment of an independent supervisory body and fact-checking body are requested.

Legal Issues and Future Tasks of the Special Act on Prevention of Insurance Fraud

Youngkook Kim | 2022, 10(4) | pp.171~204 | number of Cited : 2

In order to reduce and prevent insurance fraud crimes, the Special Act on Insurance Fraud Prevention (hereinafter the “Special Act”) was enacted and enforced on September 30, 2016. From the point of view of the establishment of an insurance fraud prevention system, a special insurance fraud investigation team was established in insurance companies and an organic relationship was established between the Financial Supervisory Service, the Financial Services Commission, and the investigation agency, so that a structure to respond to insurance fraud was created. However, it is difficult to give a clear answer in terms of its effectiveness, such as whether insurance fraud crimes have actually decreased due to the enforcement of the special law. Rather, it is pointed out that the special law narrowed the scope of insurance fraud crimes, and there is also the problem of exaggerating accidents and exaggerating the limits of soft fraud to receive insurance money. In relation to health insurance, which is a public insurance, there is also the issue of delays in investigations in relation to the eligibility review for hospitalization. Although the final judgment has been made for an insurance fraud crime and insurance money has to be recovered, the related legal system such as the statute of limitations does not fit into the changing environment, resulting in a situation that benefits criminals. Various efforts have been made to raise awareness about insurance fraud and to detect it, but in proportion to this, insurance fraud crimes are also intelligently organized and organized, avoiding the legal network of the special law, raising doubts in terms of effectiveness. Despite the discussion that the punishment of insurance fraud crimes should be strengthened, there are great difficulties in detecting and proving insurance fraud crimes. Accordingly, cooperation with related agencies should be appropriately reflected in special laws so that insurance fraud investigations and investigations can be carried out smoothly. It is necessary to reinterpret and revise the rules of justice.

A Study on the Legal Issues over the Non-Fungible Digital Tokens

Jongho Kim | 2022, 10(4) | pp.205~252 | number of Cited : 0

As ‘non-fungible tokens’ called NFTs are gaining popularity around the world, the NFT market is also gradually expanding in Korea. However, there is no established government policy or legal regulation in this regard. Cryptographic assets such as Bitcoin are defined as virtual assets with the enforcement of the ‘Certain Financial Information Act,’ and legal definitions have been prepared, but NFTs have not yet been clearly defined. Unlike the situation in Korea, in Japan, in accordance with the revised Fund Settlement Act that took effect in April 2017, it is necessary to register as a crypto asset exchange business for the handling of tokens that are cryptographic assets (cryptocurrency). However, due to the high barriers to entry in this market, startups have to take a different approach in order to run a blockchain business. In other words, it is a common situation that they seek a business design that does not require registration of a crypto-asset exchange business. In this situation, the business dealing with NFTs as a blockchain business that does not require registration of the crypto asset exchange business has recently been attracting attention. NFT is translated as ‘non-fungible token,’ etc., and allows digital data with non-fungible and intrinsic value to be distributed all over the world using blockchain technology. It is often written in the standard called ‘ERC 721,’ a blockchain technical standard using the structure of Ethereum (ETH), which is the second most popular cryptographic asset after Bitcoin (BTC). Specifically, items and characters in online games are NFT Painting is a typical example of business, and in addition to that, it is being put to practical use in painting (digital illustration) and membership. In this paper, I reviewed outline information on various legal issues and discussions regarding NFT in Japan, where legal regulations and policies were prepared earlier Korea. This paper has reviewed a wide range of topics, from basic knowledge of NFTs to the benefits and future potential of using NFTs. Unfortunately, due to uncertainty in the domestic market, the review was conducted mainly in Japan. In my opinion, NFTs are mainly used in the world of art and games today, but the market is expected to expand further in the future. It is likely to expand into fields such as business in the future, and NFTs will be needed in our lives as well. Since many companies and celebrities have already entered the NFT market, it is not yet clear how NFT will be utilized in the future. Also, although NFTs have developed rapidly, legislation has not yet caught up with them. Even if NFTs are issued in a gray area, there are cases in which the law is not violated because the law has not yet been enacted. Thus, the likelihood of a trial occurring when an NFT-related issue arises is quite high. Legislation dealing with these NFT-related frauds will be a major issue going forward. I think that the interest of researchers and continuous research are necessary. Although our civil code stipulates that objects of rights are tangible objects, electricity, and other natural forces that can be managed, the right of ‘digital ownership’ is not granted to inanimate objects such as data. NFT is just a token issued on the blockchain, and transferring the NFT does not mean the transfer of rights outside the blockchain, that is, the establishment of an agreement (contract) between the parties. In the beginning, it is called ‘trading of NFTs’, but there are many cases where it is not even clear what (rights about) are being traded. As such, businesses using NFTs are rapidly developing, but the legal position of NFTs or the arrangement of legal regulations and legal relations related to NFT transactions are not sufficiently kept up. Therefore, it is expected that there will be great confusion in the event of an unexpected situation such as NFT hacking or disputes over the legal relationship between the author and purchaser of NFT art. Therefore, in this paper, the position of NFTs in judicial and financial regulation is summarized, and at the same time, the representative business model using NFTs is used as the subject matter, and practical considerations such as legal relations under the copyright law and other legal issues related to NFT transactions or precautions in contracts, etc. was discussed.

A Study on Support for Caregivers in the German Nursing Insurance System

Joung Soon Hyoung | 2022, 10(4) | pp.253~276 | number of Cited : 0

Germany’s nursing care system was introduced as a social insurance system in January 1995, and the legal basis is Part 1 of the Social Code. Nursing care insurance is divided into public care insurance (soziale Pflegeversicherung) and private care insurance (private Pflegeversicherung), both of which have insurance systems. The insurers of long-term care insurance are Pflegekasse and private insurance companies, which are based on Krankenkasse are subscribed. There is no age limit for nursing care insurance subscription and benefit conditions. You can receive nursing care insurance services if you have passed an accreditation survey and received a nursing grade (Pflegegrad). The public care insurance stipulates that the use of housing services and the use of support facilities for caregivers such as families take precedence over the use of services. Also, Germany’s public nursing insurance is called partial insurance and does not cover all the expenses required for nursing. The person in need of nursing care or his/her family shall bear the insufficient expenses. The insurer of public nursing insurance is the nursing home, and there is the sickness bank, which is the insurer of the public health insurance, to operate the nursing safe. Unlike Part VII of the Social Code, and Part V of the Social Code, the National Health Insurance Fund is a legally independent organization, but is organizationally under the umbrella of the Disease Safety Fund. In addition, the National Federation of Disease Vaults is also located in the National Federation of Nursing Vaults. In Germany, since the 1970s, discussions have been taking place on nursing care measures. In the background of the introduction of nursing care insurance, if a person in need of nursing cannot bear the cost of care on his own, he has no choice but to rely on social assistance that corresponds to the livelihood protection of Korea. The increased burden is cited. According to the Nursing Reinforcement Act of 2015, the insurance premium rate was increased, and at the same time, the Pflegevorsorgefonds was established under the Act to secure financial resources to prepare for further aging in the future. According to the Nursing Care Reform Act of 2017, the duties required for nursing and nursing jobs have also changed with the advent of an aging society and structural changes in diseases. In addition, in 2017, the Nursing Enhancement Act of the reform of the long-term care insurance system follows the existing level of care (Pflegestufe). In the nursing stage, the accreditation classification and standards were reviewed into 5 stages according to the nursing grade. According to the Act, all residents in need of nursing care were equally eligible for any physical, mental or psychological disability. In addition, for the purpose of supporting living at home, the level of care is newly recognized for those who have a slight disability in daily life. As a result, the number of beneficiaries of long-term care insurance increased, and among them, the number of beneficiaries of residential services increased by about 50% in public care insurance and about 20% in private care insurance. The biggest problem facing the German care insurance system for carers today is the lack of financial resources.

Current Status of Lease 2 Act and Proposal of Alternatives - Focusing on case studies of disputes -

shin se duck | 2022, 10(4) | pp.277~299 | number of Cited : 0

Two years have passed since the Lease 3 Act came into effect. The Lease 2 Act (right to apply for contract renewal, limit system for the previous month) was fully implemented from July 31, 2020, and the lease report system has been implemented from June 2021 with a grace period of one year. At the time of the Moon Jae-in administration, an urgent policy was needed as a policy to protect tenants due to the surge in house prices and jeonse prices. can do. As it was implemented urgently, concerns and criticisms arose from the beginning of the implementation of the 3rd Lease Act. At this point, two years after the enforcement of the 2nd Lease Act, various measures are being sought, such as the need to abolish the 2nd Lease Act, review it, and revise and supplement it. However, in the real estate market, the sale price is falling, the transaction volume is also drastically reduced, and as a result, the jeonse is also falling. We were concerned about the increase in rent and the difficulty of jeonse due to the exercise of the right to renew the contract, but it has turned into a situation where we have to worry about the difficulty of reverse taxation. In such a market situation, if the Lease 2 Act is repealed, amended, or supplemented to protect the lessor's basic rights, if the real estate market stagnation continues, the damage to the lessor is likely to be further aggravated by reverse taxation. Therefore, at this point, I believe that the Lease 2 Act should be maintained. In addition, in a situation where there are many disputes over whether or not to reside in the real estate, which is the reason for the landlord's refusal to exercise the right to request a contract renewal, the lower courts have mixed judgments. From a macro perspective, now is the right time to review and implement the abolition of the Jeonse system by amending the lease period of Article 4 of the Housing Lease Protection Act to three or four years from a macro perspective, when the sale price has fallen and the real estate market is in the early stages of a recession.

A Legal Study on the Feasibility of a Mobile Pharmacy

HoChang Roh | 2022, 10(4) | pp.301~324 | number of Cited : 1

In today's Korean society, the low birth rate and aging population are very serious. Aging is also linked to the occurrence of disabilities, especially in rural areas, where there are many elderly and disabled people. The problem is that these elderly people and the elderly with disabilities have various difficulties in using pharmacies or medical services in hospitals, because they feel uncomfortable or difficult to move on their own, so they fall into the medically vulnerable class. In the case of hospitals, there is a problem of transportation, time and cost, so if even medicines are more readily available when needed, there will be certain advantages. If so, you can consider introducing a mobile pharmacy using a vehicle. Through a mobile pharmacy using a vehicle, a pharmacist and a social worker can travel together to places with the vulnerable people, realize their right to access medicines and, if necessary, discover whether or not they are subject to social welfare, which will be able to make a positive effect in terms of medical welfare. Nonetheless, the problem is that the concept of a pharmacy is interpreted to mean a space in a building that is fixed in place, if you look at the Pharmaceutical Affairs Act and the Acts regulating land and building. First of all, in the interpretation of the law, such regulations are not considered to be a matter of unconstitutionality that leads to violations of occupational freedom or equal rights. However, even if it is not unconstitutional, it would be possible to realize better legislation and policies for institutional improvement while preserving the effect of regulation for a better future society. Looking at the case of Japan, which introduced mobile pharmacies for the medically vulnerable in disaster areas, and the case of the United States, where mobile bathrooms were introduced for social inclusion of the homeless, we can see that it is possible to realize policies in a better way with keeping regulations. In this paper, it is pointed out that although the current legislations are not unconstitutional in relation to the introduction of mobile pharmacies, there is room for improvement in order to become a better society.

A Study on the Legal System of Protection of Intangible Cultural Heritage in China

Shin, Chan- ho | 2022, 10(4) | pp.325~352 | number of Cited : 1

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China is one of the richest countries in the world for intangible cultural heritage, and its types and contents are diverse and complex, so it has no choice but to have complexity and diversity in the protection, transmission, and utilization of intangible cultural heritage. Protecting intangible cultural heritage is important in many ways, including transmitting the traditions of excellent culture of the nation, community, and region, preserving the diversity of human culture, externally demonstrating the creativity of the people, promoting sustainable development of human society, and promoting human communication, mutual understanding, and mutual unity. It is difficult to guarantee the continuity of national civilization only with tangible cultural heritage, and the continuity of traditional civilization must be handed down jointly with tangible cultural heritage and intangible cultural heritage. In particular, intangible cultural heritage has been handed down without a certain shape, so it is easy to damage, deteriorate, and deform because it is protected and transmitted by humans. In this study, we will examine the concept and characteristics of Chinese intangible cultural heritage, the system for protecting intangible cultural heritage, and the problems and improvement measures for protecting intangible cultural heritage. It is essential to grasp the characteristics of the scientific, rational, and sustainable transmission, protection, and utilization of intangible cultural heritage, and if the protection and utilization of intangible cultural heritage are wrong, precious intangible cultural heritage is likely to gradually weaken and disappear. Although China's protection of intangible cultural heritage has been achieved to some extent, problems exist throughout the process, and such intangible cultural heritage should be protected and sustainable development should be achieved. The study attempts to examine the concepts and characteristics of China's intangible cultural heritage, the system for protection of intangible cultural heritage, and the problems and improvement measures for protection of intangible cultural heritage.

A Study on the Achievement of 'Optimized Law' by Improving the Legislative Process

Ko In Seok | 2022, 10(4) | pp.353~380 | number of Cited : 1

Review of the main contents and effectiveness of the Act On The Employment Improvement of Domestic Workers

Oh, Ho-Cheol | 2022, 10(4) | pp.381~405 | number of Cited : 2

For 68 years after the Labor Standards Act was enacted in 1953, domestics workers have been explicitly excluded from major labor laws, including the Labor Standards Act, through the exclusion of housekeeper in Article 11 of the Labor Standards Act. The reasons why domestics workers in household services are excluded from the labor law are mainly based on the difficulty of state’s supervision considering user and his(her) personal friendship, concerns over privacy violations in the home, lack of ability in the four insurance premiums of individual households, and the difficulty in seeing individuals as users. There has been a lot of criticism about this, but domestics workers have always been workers who are not protected under the Labor Standards Act. From June 16, 2022, the Act on the employment improvement of domestics workers was enacted and implemented. According to this law, most of the household service market remained in informal areas through job offices or individuals. So it was insufficient to guarantee the quality of household services and protect domestics workers. And the current labor relations law excludes housekeepers and employment activities in households, so it is necessary to improve the poor working conditions of domestics workers. Therefore, this paper reviews the background of the enactment so that the Act was implemented to provide high-quality and customized services to users, lay the foundation for revitalizing the domestic service market, and guarantee the rights of domestics workers. Therefore, this paper examined the relationship with other laws, certification of domestic service providers, domestic service use contracts, and labor contracts of domestics workers as the main contents of Act on the employment improvement of domestics workers. In addition, the effectiveness of Act on the employment improvement of domestics workers was reviewed, and incentives should be further expanded so that household service providers can receive a lot of government certification. In addition, it would be desirable to guarantee the break time of domestics workers by law by dividing the type of household business and the time to provide household services in detail rather than leaving it to the contract of use between domestics workers and users. Finally, the responsibility of household service users is insufficient. Therefore, at least more responsibility should be strengthened for household service users to prevent infringement of personal rights against domestics workers.

Current State of Public Procurement Procurement Law and Audit System - Focusing on comparative law review -

Kwon, Su-jin | 2022, 10(4) | pp.407~436 | number of Cited : 0

Government Procurement (Öffentliche Auftragsvergabe) is a growing trend worldwide, and is a contract made by administrative entities such as the state or local governments to meet public demand, and is an important policy tool related to national finance. The importance of establishing a system that guarantees procedural transparency and cost-effectiveness of public procurement to prevent and revitalize the public procurement market and the importance of post-audit is increasing day by day. The purpose of this study is to analyze the legal system and discipline system related to the public procurement system in Korea, and to review the audit status of budget waste and illegal acts in public procurement contracts. The current state of public procurement laws, anti-corruption systems, and audit systems in major countries such as the United States, EU, Germany, and France regarding the public procurement system. Let's take a look at the development plan. Comparing Korea's public procurement legal system with foreign laws, there is a common point in pursuing principles such as the principle of transparency, the principle for equality, and the competition principle, but in foreign countries, the optimal value for money is relatively is emphasized with system' to actively consider the exercise of the ordering agency's discretion to reflect the optimal value, suggesting guidelines and recommendations in relation to the operation of the public procurement system to reflect the optimal value, and audit standards for expanding performance audits effort is needed to refine it. In order to activate performance audits related to public procurement, as in the case of foreign countries, audits for 'effectiveness' and 'audits for suggesting improvement measures' should be activated. ‘Advance consulting’ and ‘active administration immunity system’ are systems that can be usefully utilized when the ordering agency pursues public procurement based on optimal values. In order to prevent corruption in public procurement, the audit system is not sufficient and the existing anti-corruption systems should be effective together.

Risk Factors of Online-stalking and The Need to Revise The Current Law

Park Hyun Jeong | 2022, 10(4) | pp.437~458 | number of Cited : 3

Legal Review and Challenges for Acquisition for the Purpose of Investigation of Data Stored Abroad

Joon Mo Kang | 2022, 10(4) | pp.461~498 | number of Cited : 2

Legal Issues Regarding Facial Recognition Focused on Discussions Abroad

Lee Keon Su | 2022, 10(4) | pp.499~526 | number of Cited : 2

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Recently, face recognition technology has been introduced in all kinds of life situations. Face authentication is a type of biometric authentication that confirms identity based on the location and size of the eyes, nose, and mouth. The personal image stored in the database and the subject's face image taken with the camera are collated and authenticated. It has the characteristic of being able to quickly perform identity verification without contact. In China, for example, digitization is progressing rapidly and facial recognition technology is also being used to counter the novel coronavirus. In places where large numbers of people gather, surveillance cameras and temperature sensors detect people with high body temperatures, and facial recognition systems identify people. Results will be communicated to local authorities and steps are being taken to conduct COVID-19 testing on specific individuals. In addition, in Japan, facial recognition is being used in various situations, such as airports, commercial facilities, amusement parks, large-scale events, retail store settlements, and immigration systems in offices, utilizing the fact that individuals can be identified smoothly. On the other hand, because it is smooth, our faces are sometimes used for crime prevention and marketing purposes, such as surveillance cameras on street corners, even if we are not conscious of it. Facial recognition technology is poised to make the world a better place, but extensive training in ethical implementation is needed to ensure that businesses can safely adopt this AI biometric technology for the comfort of everyone and everywhere. The possibilities of facial recognition are beyond imagination. For example, you can automate office access control to keep your employees safe. Retailers can provide a stronger customer experience in their stores. It can simplify access control for many restricted areas during manufacturing. Banks and Fintech companies are introducing much stronger authentication and cutting-edge security controls. These are just the tip of the iceberg. Facial recognition is the future of AI biometric technology. The industry must provide consumers with the right information, expose many widespread fakes about technology, and explain the potential benefits of positive value. We also need to properly regulate innovation so that it can embrace many benefits without hindrance. In this study on the prospect of face recognition, the application and implementation of face recognition technology in various industries and public fields were introduced and legal issues were reviewed.

Current Status and Tasks of Litigation over Urban Planning Decisions - Focused on Cases in Japan and Germany -

Kim, Sang-Jin | 2022, 10(4) | pp.527~572 | number of Cited : 2

In Japan, the disposability of urban planning decisions based on the Urban Planning Act is not recognized, and on the other hand, it is difficult to say that confirmation litigation is being used as a party litigation with the issue of illegality or invalidity of urban planning decisions. Although it is possible to contest the illegality of the urban planning decision in the litigation for the cancellation of the urban planning project authorization or building disposition, it is sometimes interpreted that disadvantages arise from the urban planning decision itself before such a disposition is taken. In such a case, it is necessary to secure a remedy under the current law. And if the disposability of the urban planning decision is not recognized, relief through the parties’ lawsuit should be sought. In cases where the illegality of the urban planning decision becomes a problem in the litigation for revocation of the urban planning project authorization, the Supreme Court precedent focuses on the deviance and abuse of discretion. In Germany, if ① omission of sentence, ② insufficient sentence, ③ erroneous evaluation of sentence, or ④ imbalance of sentence is recognized, there is a violation of the request for an appropriate benefit sentence. Moreover, it is a precedent of the Federal Administrative Court that both the sentence process and the sentence result are subject to review by the court. I think Japan should think the same way. In view of the fact that normative control over global tax planning is recognized in Germany and the proposal of the city planning dispute system, this paper aims to introduce a special litigation for the legality and validity of urban planning decisions based on the Urban Planning Act in Japan and it takes a position where it is desirable. However, under the current law, there are cases where the illegality of the urban planning decision is considered as a disposition and a lawsuit for cancellation is filed or the illegality of the urban planning decision is an issue as a premise in the cancellation lawsuit such as whether it is an urban planning project, and how can we resolve such disputes? What should be done is also an important task. Therefore, in this paper, based on the knowledge obtained through the study of German law, important issues in the case of competing urban planning decisions under the current law, namely, disposition, litigation selection, and illegality examination, are reviewed, and then the legislative theory such as the urban planning dispute system is analyzed and add evaluation. In addition, the 2006 and 2009 reports are the main objects of review for the legislative theory. However, the Report of the Administrative Procedure Law Study Group in November 1983 - the draft outline (draft) and the 2nd Amendment to the Administrative Case Procedure Law of the Japan Bar Association dated June 15, 2012 are mentioned, to some extent.

A Study on the Improvement of the Law for the Introduction of Restoration Technology

KIM HYEOK JUNG , Lee， Young-Woo | 2022, 10(4) | pp.573~584 | number of Cited : 1

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2022, Vol.10, No.4