비공식적 행정행위로서의 No-action Letter에 관한 연구
A Study on No-action Letter as Informal Administrative Action
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In this paper, No-action Letter system intends to the prevention of a violation and the evasion or the reduction of a legal danger. And because the process is systematized for the interests of relative persons and for the reduction of administrative affairs by a procedural clearness, ① in terms of prevention of violation act and evasion of legal danger, the system will be able to prevent from misappropriation of injustice exclusion of shareholder proposal, and ② it will be able to consider the interests of shareholders and company by a procedural clearness, and also ③ because No-action Letter is a kind of administrative procedure, it may produce an outcome quickly and simply. That is, where No-action Letter system is used as preview system, it has merit which reviews simply and quickly. To introduce No-action Letter as a preview system, however, it is essential to secure professionalism of review agency as precondition. Therefore it must be prerequisite to put review division which is composed of legal expert like SEC in United States. But, In the case of our country, it may be insufficient to charge application of No-action Letter in structure of the staffs of the Financial Supervisory Commission etc. If we introduce it after solving this preceding subject and investigating other points, we can establish it as an useful system in practice.
Abstract
In this paper, No-action Letter system intends to the prevention of a violation and the evasion or the reduction of a legal danger. And because the process is systematized for the interests of relative persons and for the reduction of administrative affairs by a procedural clearness, ① in terms of prevention of violation act and evasion of legal danger, the system will be able to prevent from misappropriation of injustice exclusion of shareholder proposal, and ② it will be able to consider the interests of shareholders and company by a procedural clearness, and also ③ because No-action Letter is a kind of administrative procedure, it may produce an outcome quickly and simply. That is, where No-action Letter system is used as preview system, it has merit which reviews simply and quickly. To introduce No-action Letter as a preview system, however, it is essential to secure professionalism of review agency as precondition. Therefore it must be prerequisite to put review division which is composed of legal expert like SEC in United States. But, In the case of our country, it may be insufficient to charge application of No-action Letter in structure of the staffs of the Financial Supervisory Commission etc. If we introduce it after solving this preceding subject and investigating other points, we can establish it as an useful system in practice.
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