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박균성(Park Kuyn-Sung),김재광(Kim Jae-Kwang) 행정법이론실무학회 2010 행정법연구 Vol.- No.26
The legal fiction system of authorization and permission has played an important role to enhance competitiveness of private sector through simplified process relieving the burden of businessmen(applicants) and speeding the process up and could be said as appropriate system in contemporary needs of deregulation. But it is not established in legal theory completely. Therefore, we need to review the legal fiction of authorization and permission in terms of legal theory. : the differences between the legal fiction system of authorization and permission and concentrated force(Konzentrationswirkung) in the german legal system, the basis and the object of legal fiction of authorization and permission, the application to authorization and permission etc. and the submission of attached documents, the legal nature of consultation with relevant agency on licensing, the concentration level of licensing procedures, decision method of licensing requirements, and the system of first-admission and later-consultation(licensing in part) etc. And in this article, I tried to show the problems of system on licensing fictionalized legally : unbridled spreading in accordance with the principle absence of introducing the legal fiction on authorization and permission, obscuring in that system, practical using of it, conferring with agencies taking charge of licensing fictionalized legally, requiring package documents and first-admission and later consultation(licensing in part). In addition, I have brought recommendations to improve that system : introducing 7 principles for that licensing system, enhancing plan for making it's process transparent(adopting notice of that licensing system, representing its requirements and authorization and permission legally fictionalized clearly), promoting the convenience for applicant (to introduce part-licensing system and pre-decision, to submit documents step by step for each progress, to give a right of claim on making a measure's standards and asking a explanation of it, to join the process for relevant applicant in licensing step, and to represent notice system of required documents for licensing, including licensing standards in the table of civil petition treatment), reducing the time for authorization and permission(to organize the licensing council such as Package Council for Complex Civil Petition on Construction(Building Act, Article12), to represent the period for asking cooperation and regulations fictionalized legally without opinions in the law of legal fiction), de-regulating the standards of authorization and permission, improving of licensing process etc.
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