現行 建築法上 申告의 問題點에 관한 小考

Abstract

The legal nature of report under Administrative Laws could have still been a subject under debate. Since a permission system had been changed to a report system through 1990’s administrative regulation relaxation policy of government so that its name and formality had been changed in connection therewith, such debate is caused by substantially bearing a self-contained report in a report’s original nature that is still required to receive approval and permission’s review and acceptance plus by having action-requiring report. The report under Building Act out of each separate law has been included under such debate, which the legal nature of construction report is the self-contained report in the report’s original nature. However, the construction report pursuant to the Section 14 of the Act is applied to the provisions of the construction permission pursuant to the Section 11.5 of the Act, which it allows its related approval and permission under other regulations and laws to be acquired upon acquiring the construction permission. In this regard, in the event that the fiction of approval and permission is acquired upon the construction report, how we determine the legal nature of such construction report is at issue, which its legal nature is deemed as action-requiring report under the case law. However, since the fiction of approval and permission is respectively different from the nature of construction report and from the purpose of the Act, it is hard to determine whether to be action-requiring report in the all occurrences. Therefore, the nature of each separate approval and permission has to be reviewed and defined that: in the event that the legal nature of the fiction of approval and permission is required of acceptance, it must be action-requiring construction report; and in the event that its legal nature is not required of acceptance, it must be self-contained construction report. Currently, the nature of construction report including the fiction of approval and permission under the Act has not been specifically defined, which it is not precisely understandable for people as an applicant to determine whether to be self-contained report or action-requiring report from filling a report application out. In this regard, with respect to regulations on separate review and acceptance on the ground of the legal nature of the fiction of approval and permission, legislative reform has to be required to avoid any confusion and disputes in interpretation.