풍속업소 단속의 법적성격 고찰을 통한 허가․단속관청 이원화의 문제점 연구:「풍속영업의 규제에 관한 법률」을 중심으로

Abstract

The authority and responsibility of administrative supervision, such as administrative crackdown on business affecting public morals, are primarily in the municipalities with the authority of administrative disposition. However, the crackdown on the business affecting public morals is actually a fact that the police are totally settled. In other words, the local governments that need to actively supervise the businesses of affecting public morals depend on police crackdowns. In other words, the local governments that should be actively supervised on business affecting public morals depend on police crackdowns. The local governments have responsibilities to carry out primary administrative crackdowns, and in case of violation of the compliance matters, they take administrative measures such as suspension of business, and the police decide whether to investigate through secondary crackdowns if suspicion of crime is violated. But the reality is different though it conforms to the essence of business license and enforcement. This study examines the current status of the permitting authority - the interlocutors' office being divided into the local government – police. Through this study, it is aimed to provide a framework for the implementation of further in-depth research. The problems of the bureaucrats and the bureaucrats are summarized as follows. First, it is the principle and the legal nature of the current law that the police, not the permission authority (municipal entity), are entrusted with the task of conducting the crackdown. Second, dual procedures such as police intervention and result notification (local government) → administrative disposition of local governments and notification of results (police) deteriorate the speed and effectiveness of enforcement. Third, as an ancillary task, crackdown on business affecting public morals can hinder the important task of protecting the lives and bodies of the people, which is the mission of the police.