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The study on the legal properties of approval for the organization of committees for promoting establishment of associations under ACT ON THE IMPROVEMENT OF URBAN AREAS AND RESIDENTIAL ENVIRONMENTS

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(3), pp.341-368
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 31, 2023
  • Accepted : August 27, 2023
  • Published : August 31, 2023

Kim, Minsub 1

1국민대학교

Accredited

ABSTRACT

The establishment of a union under ACT ON THE IMPROVEMENT OF URBAN AREAS AND RESIDENTIAL ENVIRONMENTS has a very important meaning as the first step in the implementation of the project. In addition, the subject and type of the lawsuit are bound to vary depending on the legal nature of the approval disposition in the event of a dispute in its composition and approval. Therefore, the legal nature of the disposition of approval for the composition of the union establishment promotion committee has an important meaning. Regarding the legal nature of the disposition of approval for the formation of the union establishment promotion committee, the theory is divided into the theory of authorization and the theory of patent. According to the authorization theory, the act of forming the union establishment promotion committee is a basic act, and the approval disposition is only a supplementary act that completes the effect of the basic act. On the other hand, according to patent theory, the disposition of approval for the formation of the union establishment committee is regarded as an act of giving the exclusive status to promote the project to form a union, which is an administrative entity. It seems that precedents basically follow the authorization theory. It is reasonable to regard the legal nature of the union establishment promotion committee's approval disposition as a patent because the union establishment committee is regarded as an exclusive right to establish a union by approval disposition.

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