독일 행정절차법상의 허가의제제도와 그 시사점

Maximizing efficiency through speed is sought in administrative legislation, and the method of agenda is used as a means. Since the agenda aims to save time by omitting procedures, active expansion is being sought under administrative legislation as part of deregulation and simplification of administration. In the case of Germany, the Genehmigungsfiktion system was upgraded to a general legislative system under their general administrative law through the 4th revision of the Administrative Procedures Act of 2008.11.12 in the process of transitioning to the East Sea in the wake of the European Service Guide (RL 2006/123/EG). Its systematic establishment is urgent, given that opinions are still not gathered in discussions over the licensing agenda. In particular, it is difficult to approach the agenda system in a clear manner as there is a kind of shared and concentrated agenda effect in addition to the existence of a kind of transitional agenda effect in Germany. As agenda regulations increase day by day, related legal systems need to be systematically overhauled through general regulations. Our shared and intensive method of agenda effect conflicts with the principle of law-abiding and the principle of individual authority in terms of national principles of rule of law. The general regulations on agenda items shall be prepared through the Framework Act on Administrative Procedures, which is equivalent to the German Administrative Procedures Act, in a hurry to deliberate on the above discussion over the agenda system.