공인중개사법상 행정제재처분과 시적 한계

Abstract

Extinctive prescription and exclusion period that realize the temporal limitation regarding rights in private law require to be applied to public law. Nevertheless licensed real estate agents act prescribes exclusion period only for suspension of service measure among administrative restriction measures. This study examined three types of issues that can be raised about the temporal limitation for administrative restriction measures for licensed real estate agents act. Firstly, it is an issue of interpretation of article 39 clause 3 and 40 of licensed real estate agents act. Secondly, a problem whether to extend temporal limitation to other administrative restriction measures apart from suspension of service measure is valid or not. Thirdly, in the case in which exclusion period is introduced to the general rules as basic administrative law, how it will be applied to the administrative restriction measures for licensed real estate agents act becomes problematic. Advisable de lege ferenda would be to specifically require the exclusion period for the general administrative restriction measures for licensed real estate agents act. When basic administrative law is established the same exclusion period is applied to the licensed real estate agents act as a general law. Yet it is desirable to place concrete regulations about exclusion period by administrative restriction measures types considering the purpose of the legislation of the licensed real estate agents act, the importance of the violation of obligations and the possiblity of criticism.