행정기본법에 따른 인허가의제 제도 연구

Research on Deemed Authorization or Permission Under the General Act on Public Administration

The General Act on Public Administration has formally established the deemed authorization or permission system as a general law for the first time, which has previously relied on individual legal provisions, relevant theories, and precedents for interpretation and application. The Act directly stipulates the criteria, effects, and post-management of deemed authorization or permission (Articles 24, 25, and 26 of the General Act on Public Administration), while delegating necessary details regarding the methods of deemed authorization or permission and other pertinent matters to presidential decrees, including detailed provisions on consultation and notification between administrative agencies (Articles 4 and 5 of the Enforcement Decree of the General Act on Public Administration). As a result of these provisions in the General Act, several previously contentious issues have been legislatively resolved. However, there are still legislative challenges that remain unresolved. Key questions include how to address issues of omitted or inadequate substantive reviews when consultation is deemed to have occurred due to the lack of feedback from the relevant administrative agency. It is hoped that research on the deemed authorization or permission system will become more active, using the regulations established by the General Act as a starting point, and that future legislative, judicial, and administrative efforts will align to ensure the successful operation of this system.