@article{ART001393071},
author={Jang Kyo-Sik},
title={A Study on the Reforms of Administrative Procedure in the Local Government of Japan},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={46},
pages={377-398}
TY - JOUR
AU - Jang Kyo-Sik
TI - A Study on the Reforms of Administrative Procedure in the Local Government of Japan
JO - Public Land Law Review
PY - 2009
VL - 46
IS - null
PB - Korean Public Land Law Association
SP - 377
EP - 398
SN - 1226-251X
AB - In accordance with the Administrative Procedure Act in Japan, local governments shall take the responsibility for implementing the Administrative Procedure Act and have the obligation to put an endeavor in accordance with Article 46 of the Act above. In other words, local governments shall make an endeavor to take the necessary actions in order to secure the fairness and improve the transparency in the admi- nistrative operation in accordance with the purposes of the Administrative Procedure Act related to the administrative measures and guidance and application process that are not subject to the provisions of Chapters 2 to 5, Clause 2, Article 3 of the Administrative Procedure Act.
Furthermore, it is required for local governments to maintain the appropriate procedures for regulations including independent approval and permission of local governments related to the establishment of guidance for the administrative innovation in local governments. Accordingly, the local governments in Japan have been maintaining the administrative procedure ordinances in the legislative aspects and accumulating the unique implementation cases of administrative procedures.
First, the change for the 10 years since the establishment of the Administrative Procedure Act in Japan and the revisions up to now were examined. In particular, Japan added the administrative legislative proceedings to the Administrative Procedure Act and the comment proceedings were substantially changed. Thus, the reasons for the revision of the Administrative Procedure Act and major changes were investigated.
Next, the establishment, implementation and major contents of administrative procedure ordinances by local authorities in accordance with the Administrative Procedure Act were analyzed. The Administrative Procedure Act of Korea specified the obligation to establish and publicly announce the standards of administrative measures beyond the execution of disadvantageous measures. However, the legal question on the administrative regulations with respect to the legislation proceedings of execution standards and the legal question in accordance with the establishment of standards by the legal decrees have been discussed in Korea. The maintenance of administrative procedures by the ordinance is the important legislation form in Japan. The legislation and operation status of administrative procedures in local authorities will be the important reference for the local authorities of Korea in terms of the practical implementation of the local government system in Korea and maintenance by the administrative procedure ordinances.
Finally, the actual maintenance and implementation of ordinances by local authorities for the administrative procedure innovation in Japan were analyzed. To this end, this study identified the suggestions related to the comment proceedings from the implementation status by local authorities in Japan. Furthermore, for the imple- mentation status by local authorities according to the implementation of an online administrative procedure system, the policies of local authorities in accordance with the Online Administrative Procedure System Act were examined.
The empirical examination n the administrative procedure innovation by the local authorities in Japan will be a useful legislation model for the administrative procedure innovation by the local authorities in Korea and furthermore, for the successful settlement of administrative procedure in Korea.
KW - 행정절차법(Administrative Procedure Act);지방정부(local governments);행정절차조례(administrative procedure ordinances);행정절차개혁(administrative procedure innovation);일본지방공공단체(the local authorities in Japan);행정절차온라인화(online administrative procedure system)
DO -
UR -
ER -
Jang Kyo-Sik. (2009). A Study on the Reforms of Administrative Procedure in the Local Government of Japan. Public Land Law Review, 46, 377-398.
Jang Kyo-Sik. 2009, "A Study on the Reforms of Administrative Procedure in the Local Government of Japan", Public Land Law Review, vol.46, pp.377-398.
Jang Kyo-Sik "A Study on the Reforms of Administrative Procedure in the Local Government of Japan" Public Land Law Review 46 pp.377-398 (2009) : 377.
Jang Kyo-Sik. A Study on the Reforms of Administrative Procedure in the Local Government of Japan. 2009; 46 377-398.
Jang Kyo-Sik. "A Study on the Reforms of Administrative Procedure in the Local Government of Japan" Public Land Law Review 46(2009) : 377-398.
Jang Kyo-Sik. A Study on the Reforms of Administrative Procedure in the Local Government of Japan. Public Land Law Review, 46, 377-398.
Jang Kyo-Sik. A Study on the Reforms of Administrative Procedure in the Local Government of Japan. Public Land Law Review. 2009; 46 377-398.
Jang Kyo-Sik. A Study on the Reforms of Administrative Procedure in the Local Government of Japan. 2009; 46 377-398.
Jang Kyo-Sik. "A Study on the Reforms of Administrative Procedure in the Local Government of Japan" Public Land Law Review 46(2009) : 377-398.
