건축법 제14조 제1항의 건축신고의 법적 성질 - 대법원 판례의 분석을 중심으로 -

The legal character of the building reports provided by article 14 (1) of Building Act is discussed so much. The point of this discussion is which the building reports are self-completed reports or reports required to be accepted. To solve the problem, we need to consider that the building liberty is the basic right of constitution or right invested by acts. I believe that building liberty is not right invested by act but right drawn from guarantee of property rights (article 23 (1)) of constitution of Republic of Korea) and building act is the act restraining building liberty the precedents of Supreme Court are not coherent. Supreme Court recognized turning down building reports as disposition but looks like to recognize building reports as self-completed reports. But judgements of opposition stand appear. There are several arguments to establish the legal character of building reports provided by article 14 (1) of Building Act. Theories of scholars are as in the following. (1) the argument that building reports provided by article 14 (1) of Building Act are self-completed report (2) the argument that building reports provided by article 14 (1) of Building Act are reports required to be accepted (3) the argument that permits considered as being got through building reports shall be subject to appeal litigations although building reports provided by article 14 (1) of Building Act are self-completed report (4) the argument that new enactment to provide the authority of refuse is needed To conclude, I believe that the legal character of building reports provided by article 14 (1) of Building Act is self-completed report because building liberty is guaranteed to the maximum. But although legal character of building reports provided by article 14 (1) of Building Act is self-completed report, turning down building reports is recognized as disposition and administrative agencies have authorities to review the illegalities of building reports.