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The Freedom of business activities and Restriction of business activities by governmental permission

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 64(), pp.301-316
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

이 서 열 1

1코리아에셋투자증권

Accredited

ABSTRACT

The legal institution which restricts business activities by governmenal permission is founded rarely in another countries. The right of forming law is given widely to lawmaker. however, The refered institution could be infringed the freedom of business activities (constitutional right). therefore That is justified by sufficient reason of public interest and observance of legal principle The restriction of business activities by governmental permission among these new mean such as revocation of authorization and permission acts fully effectiveness with indirect compulsory measure linked to reflective interest. that is why it is hard to accomplish the purpose through old methods. In past years, The debates about infringing law and constitution by the restriction institution is mainly builded up in focus on violation of principle of prohibition of improper connection. The principle which prohibited administrion linked to unfairness. If the principle of excessive prohibition of administration can invoke objective limition to be applied in advance. A completion requisite of principle of prohibition of improper connection is substantial connection. the Substantial connection is consisted of linking of both cause and object. The restriction is not seemed to satisfy two requisites.

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