행정법상 통지에 대한 실무적 측면에서의 고찰

While the term “notification” is used in administrative law, practical challenges exist due to the coexistence of fundamentally distinct concepts that cannot be treated uniformly among different types of notifications. This study examines the nature of administrative notifications and analyzes the concept of notification - related dispositions, particularly from the perspective of administrative subjects’ acceptability. Through notifications, administrative subjects first become cognizant of the administrative agency’s factual determinations and administrative interpretations, thereby entering comprehensively and specifically into administrative legal relationships. Moreover, notifications are all subject to principle of due process. Even in light of the status of notifications in administrative law and principle of due process, the consideration of subjective elements in determining the dispositional nature of notifications can be further justified. Administrative litigation directly correlates with social efficiency, which is incomparable to civil litigation. From a law and economics perspective, the benefits derived from expanding the concept of notification - related dispositions appear to outweigh the costs of potentially diminished party litigation. Furthermore, this expansion can be justified from the standpoint of enhancing administrative subjects’ acceptability.