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학술논문외법논집2010.02 발행KCI 피인용 22

집중효가 발생하는 건축신고에 관한 법률적 검토

A Study on Concentrated Effect in Construction Report

정형근(경희대학교)

34권 1호, 279~295쪽

초록

According to construction law, construction of a building that requires construction report may be done as long as report is filed with administrative office and does not require acceptance of the administrative office. And here, this one single report of construction, once it is filed, produces an effect of passing numerous administrative treatments just like construction approval and such effect is called concentrated effect. However, exemption of a series of approval requirement screening for one single report of construction may be deemed an interpretation that offers excessive advantage to construction right holder. There is no stipulation whether the concentrated effect by construction report take place the moment the construction report arrives at or is accepted by the administrative office. In case of construction report that produces concentrated effect, the administrative office in charge may well regard the construction report accepted only after permission or approval is determined through practical screening for the intended permission or approval. Hence, in case of construction report that requires concentrated effect, the construction report shall be regarded as required of acceptance by administrative office. Therefore, any construction report that requires acceptance by administrative office shall be a case liable to appellant lawsuit. Nevertheless, not all the reports that produce concentrated effect may be regarded as cases that require acceptance by administrative office, but each report shall be determined in consideration of the legal nature.

Abstract

According to construction law, construction of a building that requires construction report may be done as long as report is filed with administrative office and does not require acceptance of the administrative office. And here, this one single report of construction, once it is filed, produces an effect of passing numerous administrative treatments just like construction approval and such effect is called concentrated effect. However, exemption of a series of approval requirement screening for one single report of construction may be deemed an interpretation that offers excessive advantage to construction right holder. There is no stipulation whether the concentrated effect by construction report take place the moment the construction report arrives at or is accepted by the administrative office. In case of construction report that produces concentrated effect, the administrative office in charge may well regard the construction report accepted only after permission or approval is determined through practical screening for the intended permission or approval. Hence, in case of construction report that requires concentrated effect, the construction report shall be regarded as required of acceptance by administrative office. Therefore, any construction report that requires acceptance by administrative office shall be a case liable to appellant lawsuit. Nevertheless, not all the reports that produce concentrated effect may be regarded as cases that require acceptance by administrative office, but each report shall be determined in consideration of the legal nature.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17257/hufslr.2010.34.1.279
분류:
법학

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집중효가 발생하는 건축신고에 관한 법률적 검토 | 외법논집 2010 | AskLaw | 애스크로 AI