Research Report
Legal Research on Certification System -Focused on the analysis of system types and legal nature-
Ⅰ. Research purpose and background
▶ The need to investigate the current status of various certification system regulations under the administrative laws
○ Similar to the licencing system, such as permission, authorization, and designation, many certification systems are prescribed by administrative laws, but the current status and actual conditions of the system are insufficient.
- According to the National Standard Certification Integrated Information System, there are currently 211 certification systems registered by 24 ministries.
○ In spite of various institutional legislation, there is no analysis or research on the specific form of regulation, content, or degree of discipline.
▶ Limitations of law enforcement and the need for improvement due to lack of research on certification system
○ A number of administrative laws stipulate the certification system, but unlike other systems such as licencing, research on the concept, legal nature, and effectiveness of the certification system is insufficient, and the theoretical concept of administrative law has not yet been established, so research on it is necessary.
○ The legal nature of the certification system is diverse and the legal effect is not constant, and enforcement is taking place without enough review about its legal nature or problem of effect by department that actually enforces the law or front-line administration, so it is required to review and study the certification system in terms of the rule of law
▶ Classification types and analysis of legal nature and effectiveness of certification system
○ Classify the type of certification system by analyzing the current status and actual conditions of the certification system regulations under the current administrative laws, propose the appropriate legislative form according to the type, and analyze the legal nature and effect thereof.
○ Deriving legislative errors due to lack of understanding of the certification system and Establish a theoretical basis for implementing legislative improvement policies for the realization of the rule of law.
○ Since the contents and procedures of the certification system vary depending on the purpose of the certification system, so suggest a direction for improvement about the purpose and legal regulations of the certification system are less legally valid.
Ⅱ. Main contents
▶ Analysis of the current status and actual conditions of the certification system regulation under the administrative laws
○ According to the National Standard Certification Integrated Information System, there are currently 211 certification systems registered by 24 ministries, but despite various institutional legislation, there is no analysis or research on the specific form, content, or degree of regulation, so this is reviewed.
○ Although a number of certification systems are stipulated in relevant laws for each department, research on the concept, legal nature, and effectiveness of the certification system is insufficient, unlike other systems such as permits and accreditation, so this study is conducted.
▶ Review of the concept of certification, legal nature and classification of type of certification.
○ There are various legislative models in administrative statutes and many systems are in operation, but the theoretical concept of administrative law on certification has yet to be established and there is no legal concept. In situations where legal and theoretical research is insufficient, typification is reviewed by classifying types by department, area of certification, and certification effectiveness.
○ Conducted a study on the legal nature of the certification system through a fact-finding survey of the Act.
- Since there are differences in the specific details and procedures of certification depending on the legal nature of the certification system, the classification of certification system and the legislative model are reviewed in consideration of this.
▶ Analysis and review of legal effect by type of regulation of certification system
○ According to the current certification system, the contents and effectiveness of certification are different from simple certification method regulations to specific regulations related to certification such as certification procedures, eveluation of certification, certification period ect.
○ Therefore, it is necessary to examine the reasons for this difference in the form of legislation and whether it is appropriate for the operation of the system, and to provide a direction for improvement for the purpose of the certification system and for regulations in which the legal provisions are not legally valid.
○ However, since the number of certification systems is large and the subject areas are diverse, legal reviews have been conducted focusing on representative certification cases.
Ⅲ. Expected effectiveness
▶ Providing a legal theorical basis for the certification system under the administrative laws
○ It provides a legal theoretical basis for the administrative certification system by categorizing certification through legal analysis on the certification system in accordance with administrative laws and by examining the legal nature and effect thereof.
▶ Presentation of the direction of improvement of the certification system through analysis of actual laws related to the certification system
○ Increase understanding of various certification systems through statutory and legal analysis of the certification system under administrative laws, and contribute to the promotion of proper legislative policies and the establishment of the rule of law through analysis of relevant statutes