ScholarWorks@숙명여자대학교

초록

A fiction (Fiktion in German) is the creation of a normative reality by law, which is seen as having no physical substance but existing according to the law. Deemed authorization or permission was introduced to simplify administrative procedures in the industrialization era in the 1970s. The deemed authorization or permission system causes various legal problems, such as consultation procedures, effect, defects in the deemed authorization or permission and legal controls etc. Although the deemed authorization or permission system was introduced in the newly enacted General Act on Public Administration, it is necessary to consider deeply whether it is desirable to continue and expand this system. The General Act on Public Administration should present a unified standard for reorganizing the deemed authorization or permission scattered in individual laws and regulations. The title of Article 24 of the General Act on Public Administration should be first of all amended to “Procedures for Deemed Authorization or Permission etc.” I think that establishment of consultation means agreement. The General Act on Public Administration lacks provisions on the protection of third parties in connection with the procedures for relevant authorization or permission. It is not easy to determine the effective date of the relevant licenses and permits. In particular, it is not clear when the deemed authorization or permission will take effect when consultations with the relevant administrative agencies are delayed. The General Act on Public Administration needs to clearly stipulate the expiration date of the relevant authorization and permission. Provisions concerning the time-period of the relevant licenses and permits should be prepared. When the effect of the main authorization or permission has expired, it is necessary to clearly define how long the effect of the relevant authorization or permission is valid. Lastly, the General Act on Public Administration needs to present criteria for judgment regarding defects or effectiveness of related licenses and permits. The nature of administrative act of the deemed authorization or permission is recognized, and the general theory regarding defects in administrative actions can be applied to the defects. A third party s suitability for the deemed licenses and permits may be recognized. In the future, it is necessary to further reorganize the provisions on deemed authorization or permission of the General Act of Public Administration and improve the problems of individual laws and regulations. The deemed authorization or permission stipulated in individual laws is broad and comprehensive. In order to improve the problems of the deemed authorization or permission, it is most desirable to gradually reduce the number of deemed authorization or permission and the scope of the deemed effect.

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