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A Study on the Legislativeization of the Administrative Plan Confirmation Procedure
  • Issue Date 2021-08-09
  • Page 134
  • Price 7,000
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Ⅰ. Backgrounds and Purposes 
□ Administrative plan confirmation procedures are meaningful in that they require the project operators to submit the plans for installing specific facilities as a large-scale public project, and regulate procedures such as the reading and participation of stakeholders until the plans are finally confirmed, thus incorporating the interests of various stakeholders into the plans.
□ However, the Administrative Procedures Act of the Republic of Korea contains no general regulations on the administrative plan confirmation procedures, and individual acts’ procedure regulations on the execution plans and the enforcement plans of large-scale public projects attaches more importance to the reasonableness and efficiency of the plans. Accordingly, there are many cases of deficiencies in the guarantee of rights and interests of each Korean citizen or where no sufficient procedural participation guarantee is provided.
□ As a result, regarding large-scale public projects that greatly impact the lives of Korean citizens or that require coordination among stakeholders, national and social conflicts have spread and become prolonged, with issues such as the delayed promotion of large-scale public projects and wasted social and economic costs. 
□ Therefore, it is necessary to prepare general procedure regulations on the confirmation of administrative plans in relation to the promotion of large-scale public projects in the Administrative Procedures Act in order to integrate procedures on the confirmation of administrative plans regulated sporadically in individual acts into a single general procedure, to prevent administrative agencies from making arbitrary decisions, to secure justification for the plans, to allow stakeholders to take part in the arrangement, and to establish transparent, fair, and highly reliable democratic procedures for establishing and approving the plans.
□ This study seeks to determine the concepts and scope of the administrative plans subject to the Administrative Procedures Act according to the aforementioned necessary tasks, analyze matters that must be commonly applied when establishing and confirming administrative plans, and prepare and present plans for the legislation of administrative plan confirmation procedures.
 
Ⅱ. Major Content
□ Chapter 2 examines the administrative plan confirmation procedures in the administrative procedures laws of the U.S., Japan, and Germany.
□ Chapter 3 examines the administrative plan confirmation procedures of large-scale public facilities in individual acts such as the National Land Planning and Utilization Act, the Electric Power Source Development Promotion Act, the Airport Facilities Act, the Act on National Defense and Military Installations Projects, and the Railroad Construction Act. 
□ Chapter 4 deduces the modern significance and necessity of introducing administrative plan confirmation procedures in the Administrative Procedures Act based on an analysis of the progress of discussions on introducing administrative plan confirmation procedures in the Republic of Korea and comparative law/historical analyses on the evolution of the Administrative Procedures Act. It also suggests plans for legislating the introduction of administrative plan confirmation procedures in the Administrative Procedures Act. 
 
Ⅲ. Expected Effects
□ This study is expected to contribute to preparing the legal theoretical grounds for the introduction of administrative plan confirmation procedures in the Administrative Procedures Act, as well as implementing a participatory and deliberative democracy.
□ It is also expected to contribute to preparing specific legislation plans for introducing the administrative plan confirmation procedures in the Administrative Procedures Act.