적극행정 면책제도에 관한 법제적 연구 - 적극행정 면책제도의 활성화를 위한 입법조치와 법제 개선방안을 중심으로 -

Abstract

The purpose of the proactive administrative exemption system is to promote the publicinterest and expand the rights and interests of the people through proactive administrationby public officials. As the administrative area expands and the professional administrativearea increases, the demand for active administration of public officials continues toincrease. Accordingly, the legislation also actively accepts the proactive administrativeexemption system and has various regulations regarding it. Nevertheless, the proactiveadministrative exemption in the administrative reality may still be considered inactive. Therefore, there is a need to study the proactive administrative exemption system andways to invigorate it. Based on this, the various regulations for the invigoration of the proactive administrativeexemption system were analyzed from the legislative aspect. Based on such research andlegislative analysis, the government proposed concrete measures to improve legislationto promote the active administrative immunity system. Finally, based on such research and legislative analysis, specific legislative improvementmeasures were proposed to promote the proactive administrative exemption system. Specific legislative improvement measures include the re-establishment of the conceptualdefinition of proactive and passive administration, the relaxation of the criteria for proactiveadministrative exemption and the establishment of specific and unified standards forexemption requirements, the easing or conversion of the burden of proof of whether ornot to meet the criteria for exemption, the stipulation of proactive administration at the legallevel, the guarantee of participation of the people and residents in the proactiveadministrative exemption system etc.