공법상 인증제도의 법적 쟁점 고찰

Abstract

After examining 175 legal certification system, and then this paper summarizes some of the issues that are needed for legal discussion. The main contents of the examination are the outline of the certification system, the basis law, the technical standard, the institute of certification, the procedure of certification, the effect of certification, and the sanctioning method when didn’t certificated. First, the conceptual distinction between certification and certification system is needed. This is because the entire certification system including certification must be studied. The main functions of the certification system are verification function, function of excluding redundant investigation, function of safety assurance, policy induction function, and international expansion function. The purpose of categorizing certification system is to better understand the certification system. Certification system can be categorized by subject, legal compulsion and purpose. This classification will help to operate and troubleshoot the certification system. The certification process consists of setting the certification standard, designation of the certification institute, applying for certification, certification examination and granting, and post management(re-certification). When the certification is granted, the corporation enjoys the effect of verification, the right to use the certification mark, the permission to start the product or service, and the effects of individual laws. Several legal issues have been pointed out for the legal certification system. First, there are problems caused by duplicate certification or similar certification, correct understanding of compulsory certification, regulation on the work of certification institute, and the non-legal problem of certification system. Improvements have been proposed for each. As a comprehensive improvement, the enactment of integrated laws and the establishment of an integrated management organization are required.