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Building Permit Law and Bureaucrat’s Abuse of Discretion Power

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 94(), pp.209-236
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 21, 2021
  • Published : May 25, 2021

Cho, YoungJong 1 lee jae sam 1

1가천대학교

Accredited

ABSTRACT

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.

Citation status

* References for papers published after 2022 are currently being built.