행정 관련법령상 등록과 신고의 개념적 유형화

Our Administrative Procedures Act section 40 defines the notification which is the self-completed notification interpretatively. Thus, the concept of notification which is being used in diverse administrative statutes has to be interpreted as the self-completed notification according to the Administrative Procedures Act. If the notification could be interpreted as a notification in which its acceptance is needed in accordance with the specified statute and its subordinate regulations, there is a possibility that the rejection of acceptance of the notification would be a matter of administrative law suit. Therefore, it is no different from the registration or the permission in conclusion because the substantial examination becomes possible so that the notifications in considerable parts which were introduced as a part of the de-regulatory policy are notifications merely on the term, it could violate the freedom and harm the rights and the interests of the people. In case of checking the diverse administrative statutes, as a term which has similar legal aspect besides the notification, the term called registration is often used. Yet, there is a problem in which this registration is used with having the confusing grounds in terms of our law. For a legal characteristic of the registration, there are many different opinions such as the notification that its acceptance is required and the modified permission. If there is no difference between notification and registration, we should use one word for clear-cut interpretation. As a conclusion of this study, registration should be interpreted as less severe than permission and more severe than notification. The application of law has to have a definite grounds. Especially for the regulatory act, more strict interpretation and application of the law should be carried out.