Pocheon City, Gyeonggi Province, second half licensing business meeting is a violation of administrative law

 

The Ministry of the Interior and Safety, Gyeonggi-do, and the Korean Administrative Society must quickly prepare measures... It is necessary to promote 'agency warnings' for violations of the Administrative Judicial Act.

 

[Reporter Kim Wan-yeong = Pocheon, Gyeonggi-do] In May 2017, the Ministry of Public Administration and Security (Lee Sang-min) disseminated the ‘Request for dissemination of matters related to the administrative system when handling civil complaints’ to provinces, cities, counties and districts across the country.

 

According to the official document, “Article 2 of the Administrative Judiciary Act enumerates the provisions that allow a person to perform work under the delegation of another person, and if these are violated, he or she will be punished by imprisonment for up to 3 years or by a fine not exceeding 30 million won in accordance with Article 36 of the Administrative Judiciary Act.” This has been made known to local government officials across the country.

 

However, some local governments are still violating this rule and do not hesitate to “hold licensing meetings, etc.” with unqualified associations or companies.

 

In particular, although such cases are appearing one after another in Icheon-si and Yangju-si, Gyeonggi-do, the Ministry of the Interior and Safety, Gyeonggi-do, and the Korean Administrative Society are not paying attention.

 

Meanwhile, at 3 p.m. on the 12th, Pocheon-si, Gyeonggi-do also sent a document to hold a ‘licensing business meeting in the second half of 2023’ to the Architectural Association and the Spatial Information Industry Association, and also notified about 130 public officials related to licensing. In fact, the administrative agency, which is the subject of licensing agency work under the Administrative Judicial Act, is omitted here.

 

Kim Wan-young, Vice President of Public Relations of the Korean Administrative Association, said, “Acts of agency, such as applications, claims, and reports to administrative agencies to obtain approvals, permits, and licenses under the Administrative Judiciary Act, are the authority of administrative agents.”

 

Administrative company A said that surveyors (Spatial Information Industry Association), commonly known as civil engineering surveying design offices, “can only perform work such as surveying and creating design drawings as stipulated by the Act on Construction and Management of Spatial Information, etc.” .

 

In February 2020, the Ministry of Land, Infrastructure and Transport implemented the 'Integrated Permit Support System', an application system for development activities, to allow surveyors to apply on behalf of applications, and through an audit by the Board of Audit and Inspection, disciplinary action was taken against relevant public officials and surveying companies were appointed as agents in the system. Removed from qualifications.

 

In addition, Article 8 of the Basic Administrative Act (Principles of Rule of Law Administration) stipulates that “administrative actions must not violate the law.” In addition, Paragraph 1 of Article 11 of the same Act (Principle of Duty of Good Faith and Prohibition of Abuse of Authority) stipulates that “Administrative agencies shall faithfully perform their duties under laws and regulations, etc.” and Paragraph 2 states that “Administrative agencies shall not abuse their administrative authority or It shall not exceed the scope of authority.”

 

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