자체완성적 신고와 행정요건적 신고의 구분

Abstract

There are several arguing points about ‘the Report(or Statement) in administrative law’. In this paper, I researched whether the classification of ‘the Report without Acception’ and ‘the Report in need of Acception’ is needed or not, and what are the classification criteria when it is needed. There is an opinion that the classification of ‘the Report without Acception’ and ‘the Report in need of Acception’ is not needed. But I think the classification is needed, because there are differences between the German laws and the Korean laws, the above opinion has a logical problem when the Report is illegal, and the administrative and judicial practices affirm adamantly the classification. On the classification criteria, I think, those cannot be the classification criteria, whether report and registration is prescribed simultaneously in the same statute, whether there is needed not only formal requisites but also substantial requisites when a person presents administive report, and whether an administrator can examine formally or substantially. I think those can be classification criteria, whether the statute needs obviously the administrator's acception about report, whether the purpose of a report is only information collection, and whether, in case that the report can remove legal prohibition, the removing of legal prohibition can affect largely the national securities, public orders and public welfare, or not.