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Reconsideration of System of Deemed Approval and/or Permission

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 81(), pp.85-111
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2018
  • Accepted : February 24, 2018

PARK KYUN SUNG 1 Jae Kwang Kim 2

1경희대학교
2선문대학교

Accredited

ABSTRACT

This study reviews legal issues regarding a system of deemed approval and/or permission, focusing on legislation, theory, cases, legal interpretation, in terms of – a. distinction between legal fiction of approval/permission and deemed permission and concentration effect as provided for in German law; b. submission of required documents; consultation between an authority granting approval and/or permission and an authority being deemed obtained such approval and/or permission; d. procedural requirements for approval and/or permission deemed to be granted; e. methods for reviewing substantive requirements for approval and/or permission deemed to be granted; f. validity of approval and/or permission deemed to be partially granted; g. effectiveness of approval/permission granted by a competent administrative authority; h. validity of re-granting of approval and/or permission by an Act, in which relevant approval and/or permission is already deemed granted; i, subject matter of appeal; j. possibility of imposition of various obligations in relation to approval and/or permission in accordance with an Act which provides for such approval and/or permission is deemed to be granted; k. follow-up management of affairs between approval and/or permission already granted and relevant approval and/or permission deemed to be granted. To conclude, first, since a system of deemed approval and/or permission has adapted to needs in Korea, we need to develop more appropriate legal principles for the system. Also, in order to obtain the entire picture of the system of deemed approval and/or permission, it is necessary to gain a comprehensive and in depth understanding of relevant legislation, theories, cases, legal interpretations, administrative practices. Furthermore, because deemed approval and/or permission has been given to conduct large-scale projects efficiently, to improve administrative efficiency, to simplify administration procedures, or otherwise required by laws governing large-scale infrastructure projects, there will not be too many substantive requirements for obtaining such approval and/or permission. Therefore, it is necessary to establish different procedures to consider substantive requirements for approval and/or permission.

Citation status

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