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@article{ART002718057},
author={Cho, YoungJong and lee jae sam},
title={Building Permit Law and Bureaucrat’s Abuse of Discretion Power},
journal={Public Land Law Review},
issn={1226-251X},
year={2021},
volume={94},
pages={209-236}

TY - JOUR
AU - Cho, YoungJong
AU - lee jae sam
TI - Building Permit Law and Bureaucrat’s Abuse of Discretion Power
JO - Public Land Law Review
PY - 2021
VL - 94
IS - null
PB - Korean Public Land Law Association
SP - 209
EP - 236
SN - 1226-251X
AB - This study investigated the legal nature of building permits, and reviewed the abuse of discretionary powers of public officials related to building permits. In particular, the focus was on the analysis of cases in which public officials refused to issue the building permit to a legitimate application for a building permit, in violation of the law through the abuse of discretion when residents filed a complaint against construction. In order to study how the abuse of discretionary power of public officials appears in the actual building permit process, I collected and analyzed 230 instances of reconsideration that were revoked because they were found to be illegal due to abuse of discretionary power in an Administrative Appeals Commission after the bureaucrats in cities, counties, and Gu offices across the country wrongfully refused to issue the building permit. Since construction is the fundamental right of the people, if the application for a permit does not fall under the restrictions of the law, the permit holder has a legal nature as a binding act that must be permitted. Nevertheless, cases in which street-level bureaucrats abused their power and didn’t issue building permits for reasons against the law after they received an increased number of civil complaints have been observed. It was confirmed that the level of civil complaints against the construction of the residents acted as a factor influencing the abuse of the discretionary power of public officials, such as causing administrative agencies and public officials to refuse to issue the building permit in order to cope with the political and administrative burdens arising from the resistance of residents.
KW - Street-level Bureaucrat;Discretion;Abuse of Power;Building Permit;Blame-Avoidance Theory
DO -
UR -
ER -

Cho, YoungJong and lee jae sam. (2021). Building Permit Law and Bureaucrat’s Abuse of Discretion Power. Public Land Law Review, 94, 209-236.

Cho, YoungJong and lee jae sam. 2021, "Building Permit Law and Bureaucrat’s Abuse of Discretion Power", Public Land Law Review, vol.94, pp.209-236.

Cho, YoungJong, lee jae sam "Building Permit Law and Bureaucrat’s Abuse of Discretion Power" Public Land Law Review 94 pp.209-236 (2021) : 209.

Cho, YoungJong, lee jae sam. Building Permit Law and Bureaucrat’s Abuse of Discretion Power. 2021; 94 209-236.

Cho, YoungJong and lee jae sam. "Building Permit Law and Bureaucrat’s Abuse of Discretion Power" Public Land Law Review 94(2021) : 209-236.

Cho, YoungJong; lee jae sam. Building Permit Law and Bureaucrat’s Abuse of Discretion Power. Public Land Law Review, 94, 209-236.

Cho, YoungJong; lee jae sam. Building Permit Law and Bureaucrat’s Abuse of Discretion Power. Public Land Law Review. 2021; 94 209-236.

Cho, YoungJong, lee jae sam. Building Permit Law and Bureaucrat’s Abuse of Discretion Power. 2021; 94 209-236.

Cho, YoungJong and lee jae sam. "Building Permit Law and Bureaucrat’s Abuse of Discretion Power" Public Land Law Review 94(2021) : 209-236.