행정절차법상 처분기준 설정공표와 합의제 행정청의 행정절차

Paragraph 20 of the Korean Administrative Procedure Act (KAPA), which is in effect since 1999, requires Administrative Agency to set and publish in advance standards for administrative measures, thereby enhancing transparency and predictability of public administration. It is a meaningful procedural arrangement for those who seek to get business licenses, especially in highly competitive sectors such as ICT Service, Broadcasting Business etc. It tries to realize the constitutional doctrine of due process. There remain, however, so many issues unsolved, because there have been neither remarkable court cases nor intensive scholarly discussions regarding it. And it gets worse when it comes to licensing procedures for ICT or broadcasting business by administrative committees like Broadcasting Commission. What is the minimum procedural requirement for its decision making, what kind of procedural rights are to be recognized for those applying for licenses, or whether those measures have to be nullified as illegal administrative act, which did not meet the standard setting and publishing requirement as stipulated in § 20 KAPA? This article deals with those highly significant, but rarely tackled issues and recommends some theoretical and interpretational solutions for them.