인허가제도의 개선방안에 관한 연구

The current authorization & permission system adopts a positive system in which everything is basically inhibited with some exceptional clauses. This kind of system can hinder freedom and creativity. To keep pace with the change of the times, acts that are necessary to achieve the goal of law should be stipulated while the demand of the new legislation is frequent. Otherwise, the legal system could become rigid. The authorization & permission system should also meet the related regulations (the legitimacy of purpose, appropriateness of measures, minimization of damage and the balancing of interests) stipulated in Paragraph 2 of Article 37 of the Constitution of the Republic of Korea. Therefore, it is necessary to introduce and expand the negative system so that it can protect the basic rights of people by giving them a chance to enjoy autonomy and creativity, except for the prohibited clauses. The negative system can promote the advancement of the authorization & permission system by abolishing and amending the irrational authorization & permission system, rationalizing the standards for authorization & permission, and simplifying the related administrative procedures. For the negative system settle in, it is required to clarify the intention to improve the system and establish a collaborative system with related bureaus. Furthermore, practical measures such as simplification of authorization & permission procedure, reduction of economic burden as well as improvement of related laws and ordinances should follow.