Publications Global KLRI, Best Research, Better Legislation

Publications

Research Report

표지이미지
Research on legislative models regarding the legal agreement system
  • Issue Date 2024-10-31
  • Page 228
  • Price 9,000
Preview Download
I. Background and Purpose of Research
▶ Review of the legal nature of the administrative convention system
○ Confirmation of the effectiveness and efficiency of the operation of the legal convention system
- Establishment of a theoretical system and review of the direction of the operation of the convention system
- Proposal of legislative improvement measures appropriate to the legal nature and system
▶ Establishment of a classification system according to the contents of administrative conventions
○ On-site investigation based on a comprehensive survey of laws
- Review the current status and contents of the operation of conventions by conducting a comprehensive survey of current laws related to conventions, and present problems and improvement measures accordingly
- Proposal of a new classification system and legislative establishment plan for the convention system based on the results of the comprehensive survey
 
Ⅱ. Contents
▶ Significance of the legal convention system
○ Concept of the convention system
- The creation of an administrative convention is based on the conceptual definition that the parties have reached an agreement regarding the content and method of their business processing
- Generally, Conventions are classified into the nature of public law contracts, memorandums of understanding, delegation, and normative conventions
○ Comparative legal research on legal conventions
- German conventions and public law contracts
- French conventions and public law contracts
▶ Investigation and analysis of the legal agreement system
○ Current status of the agreement system
- Review by dividing into voluntary environmental conventions, research and development conventions, business conventions, social conventions, coexistence conventions, use conventions, protection and preservation conventions, and conventions between administrative agencies
- Business conventions can be divided into business conventions under laws, business conventions under administrative regulations, and business Conventions under ordinances according to the level of laws, and Conventions between administrative agencies can be divided into conventions between central administrative agencies, conventions between the state and local governments, and conventions between local governments.
▶ Analysis of the legislative model of the agreement system under the law
○ Classification system
- Classification by content, classification by subject, classification by nature of the agreement
○ Legislation drafting criteria
- Drafting criteria by meaning, drafting criteria regarding the basis of regulations, drafting criteria according to the method of regulation
 
Ⅲ. Expected Effects
▶ Contribute to establishing an institutional foundation through analysis of the legal nature of the agreement system
○ Contribute to establishing the foundation of the agreement system by analyzing and presenting the legal nature of the agreement system according to public law contracts, business conventions, social conventions, etc.
▶ Utilized for institutional improvement based on actual situation survey
○ Utilized for institutional improvement through institutional strengths and weaknesses, improvement measures, etc. revealed through actual situation survey
▶ Utilized as basic data for legislation based on drafting criteria
○ Utilized as basic data for legislation of the agreement system through classification system for conventions, drafting review criteria, etc.