@article{ART002685104},
author={CHO, In-Sung},
title={Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act},
journal={Public Land Law Review},
issn={1226-251X},
year={2021},
volume={93},
pages={23-48}
TY - JOUR
AU - CHO, In-Sung
TI - Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act
JO - Public Land Law Review
PY - 2021
VL - 93
IS - null
PB - Korean Public Land Law Association
SP - 23
EP - 48
SN - 1226-251X
AB - First, this paper briefly explains the concept of the legal fiction system of authorization and permission in comparison with the German Konzentrationswirkung system. Next, in the Basic Administrative Act (draft), the relevant regulations and the legislative grounds for the legal fiction system of authorization and permission are briefly explained. After that, major issues related to the legal fiction system of authorization and permission under the Basic Administrative Act (draft) are being reviewed compared to the individual legal fiction system of authorization and permission under the Land Administration Act.
The Basic Administrative Act (draft) also contains the provisions of unified standards for systems scattered in individual laws such as the legal fiction system of authorization and permission. In this Basic Administrative Act (draft), the common standards for the legal fiction system of authorization and permission are established from Articles 24 to 26 of the same Act.
The rules and contents of individual laws that regulate the licensing agenda under the Land Administration Act are different. In addition, there are no clear principles or standards regarding whether the procedural requirements of the relevant licensing and permits have been observed, and whether they have been managed or supervised. As a result, the confusion between the people and frontline public officials is very large. Therefore, I think it is necessary to establish common procedures and enforcement standards for this.
As such, it is expected that the efficiency of administration can be improved and the confusion of the people can be resolved by systematizing the standards of enforcement related to the legal fiction system of authorization and permission.
KW - legal fiction system of authorization and permission;Basic Administrative Act (draft);Land Administration Act;Konzentrationswirkung Planfeststellungsverfahren
DO -
UR -
ER -
CHO, In-Sung. (2021). Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act. Public Land Law Review, 93, 23-48.
CHO, In-Sung. 2021, "Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act", Public Land Law Review, vol.93, pp.23-48.
CHO, In-Sung "Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act" Public Land Law Review 93 pp.23-48 (2021) : 23.
CHO, In-Sung. Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act. 2021; 93 23-48.
CHO, In-Sung. "Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act" Public Land Law Review 93(2021) : 23-48.
CHO, In-Sung. Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act. Public Land Law Review, 93, 23-48.
CHO, In-Sung. Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act. Public Land Law Review. 2021; 93 23-48.
CHO, In-Sung. Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act. 2021; 93 23-48.
CHO, In-Sung. "Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act" Public Land Law Review 93(2021) : 23-48.
