신고제와 제3자 보호

Abstract

In most of administrative law cases, it is only the matter of bilateral relationship between the people and the administration in appearance. But in many cases, where there are backgrounds that the administrative intervention is involved in disputes between the private parties, forming a kind of three-sided relationship. In this case, the role of administration can be understood as an advocate of public interest mediating disputes between private parties. The Decision issued is also dealing with the problem of this kind of conflict between the privates. In Korean case law, the types of administrative reports are classified as self-satisfying report and report requiring acceptance. This classification became prevailing with the supreme court decision 2010DU14954 decided Jan. 20, 2011, which interprets the building report with fictitious effects under Article 14 of Building Act as a report t requiring acceptance. In this study, it is necessary to take a very careful approach from the viewpoint of the rule of law how much we can bring the positive report system into the report system requiring acceptance, because this acceptance can be comparable to permission as an intervention method of administration. According to my personal opinion, the report requiring acceptance is not merely a type of report but a means by which the administration can intervene in the domain of the private person just like the permission system, hence it is important that a legitimate statutory ground for it should be provided from the point of principle of statutory reservation. Therefore, this study provide a critical analysis the decision issued which interpreted the report on commencement of the lodging business under Article 3 of Public Health Control Act as a report requiring acceptance, and try to find a solution to protect public interest and the interest of the third(neighborhood), even if it is governed by self-satisfying reporting system.