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A Brief Review of Current Issues about Judgement Criteria for Administrative Regulations

  • Journal of Regulation Studies
  • 2015, 24(1), pp.125-151
  • Publisher : 한국규제학회
  • Research Area : Social Science > Public Administration

Lee Hye Young 1 Juchan Kim 1

1광운대학교

Accredited

ABSTRACT

This study aims to analyze current issues about criteria on whether a certain article (or clause) is an administrative regulation based on the results of survey asked to government departments. According to the analysis result, the existing issues are as follows: Judging whether a certain article is an administrative regulation by its purpose instead of its effect, the interpretation of exceptional clauses, matters of administrative penalties, regulations for public agencies, exceptional rules in applying the Framework Act on Administrative Regulations, matters related to patents on new devices and copyrights, non-mandatory provision, mandated regulations of private independent agencies and business associations, rules about subsidies and funding, excessive restriction compared to civil law and commercial law, matters related to proclamatory clauses or social normative rules. From the analytical review, revision or supplementation is needed in regard to exceptional rules in applying the Framework Act on Administrative Regulations, rules about subsidies and funding, and excessive restriction compared to civil law and commercial law. In addition, more systematic criteria or procedures are required when it comes to non-mandatory provisions and proclamatory clauses or social normative rules.

Citation status

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